Karnataka High Court
Sri. Murugan vs Smt. Gangamma on 16 March, 2026
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NC: 2026:KHC:15408
M.F.A. No.1876/2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.1876/2020 (MV-I)
BETWEEN:
SRI. MURUGAN
S/O SHANKARAPPA
Digitally signed by AGED ABOUT 51 YEARS
ARSHIFA BAHAR NO.210, INDIA COLONY
KHANAM DASARA HALLI
Location: HIGH BANGALURU-560079.
COURT OF
KARNATAKA SINCE DEAD, REP. BY LR'S.
1(a) REVATHI M
AGED ABOUT 35 YEARS
D/O MURUGAN
C/O. J. BALU
NO.1324/4, 7TH CROSS
9TH MAIN ROAD, SRIRAMPURAM
BENGALURU-560021.
1(b) M. JAYALAKSHMI
AGED ABOUT 33 YEARS
D/O MURUGAN
C/O VIJAYAN
NO.1324, 7TH CROSS
9TH MAIN ROAD
SRIRAMPURAM
BENGALURU-560021.
1(c) M. RADHA
AGED ABOUT 29 YEARS
D/O MURUGAN
NO.210, BHARATHA RATHNA
INDIRA COLONY, A.D. HALLI
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NC: 2026:KHC:15408
M.F.A. No.1876/2020
HC-KAR
BASAVESHWARA NAGAR
BENGALURU-560079.
1(d) M. PRAKASH
AGED ABOUT 28 YEARS
S/O MURUGAN
NO.210, BHARATHA RATHNA
INDIRA COLONY, A.D. HALLI
BASAVESHWARA NAGAR
BENGALURU-560079.
...APPELLANTS
(BY SRI. NEHRU P, ADV.,)
AND:
1. SMT. GANGAMMA
W/O ARASAIAH
KUDURE UNTHURAIANHA THOTA
GANGAMATHA WARD NO.20
MALAVALLI TOWM
MANDYA DISTRICT-571402
(OWNER OF TATA SUMO).
2. VINAY KUMAR .A
NO.26, 2ND CROSS
JOURNALIST COLONY
J.C.ROAD, BENGALURU-571402
(OWNER OF TATA SUMO).
3. THE ORIENTAL INSURANCE CO. LTD.,
CORPORATE AND REGISTERED OFFICE
AT ORIENTAL HOUSE
25/27 ASAF ALI ROAD
NEW DELHI-110002.
AND ALSO AT
DO/VIII, DVG ROAD
BASAVANAGUDI
BENGALURU-560004.
...RESPONDENTS
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NC: 2026:KHC:15408
M.F.A. No.1876/2020
HC-KAR
(BY SRI. A.N. KRISHNA SWAMY, ADV., FOR R3
SRI. MURALI M, ADV., FOR R2
R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 31.08.2019 PASSED IN MVC
NO.511/2014 ON THE FILE OF THE II ADDITIONAL JUDGE AND
ACMM, COURT OF SMALL CAUSES, MOTOR ACCIDENT CLAIMS
TRIBUNAL, BENGALURU (SCCH-13), PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
This appeal is filed by the injured appellant challenging the judgment and awarded 31.08.2019 passed in MVC.No.511/2014 by the Additional Small Causes Judge and MACT, Bengaluru, (SCCH-13), (for short 'the Tribunal').
2. Though this appeal is listed for admission, with the consent of the learned counsel for the parties, it is taken up for final disposal.
3. Sri.Nehru P., learned counsel appearing for the appellants submits that during the pendency of this -4- NC: 2026:KHC:15408 M.F.A. No.1876/2020 HC-KAR appeal, the injured appellant passed away, and therefore, the LRs of the injured appellant have been brought on record and are prosecuting the appeal. It is submitted that the injured appellant had sustained grievous injuries and was initially provided treatment at the Government Hospital, Anekal, and thereafter at Victoria Hospital, Bengaluru and then at NIMHANS Hospital, Bengaluru. It is further submitted that the appellant was an inpatient for nearly one month. Considering the injuries as per Ex.P8, the discharge summary, he seeks to assess the disability at 20% and also seeks to assess the income of the injured appellant and award just and fair compensation to the LRs of the injured appellant by allowing the appeal.
4. Per contra, Sri.A.N.Krishna Swamy, the learned counsel appearing for respondent No.3 supports the impugned judgment and award of the Tribunal and submits that it is not in dispute that the Tribunal has recorded the injuries in paragraph No.14 of the judgment. However, the appellants have not produced the wound -5- NC: 2026:KHC:15408 M.F.A. No.1876/2020 HC-KAR certificate or disability certificate nor have they examined any doctor. Therefore, the disability cannot be assessed on guesswork. It is submitted that the Tribunal, after considering the nature of injuries suffered and the treatment provided, has awarded compensation of Rs.95,363/- along with interest at 6% per annum, which is just and proper as the accident is of the year 2011. Hence, he seeks to dismiss the appeal.
5. I have heard the arguments on both the sides and meticulously perused the material available on record.
6. The injured appellant met with a road accident on 06.06.2011. The records indicate that he was initially provided treatment at Government Hospital, Anekal and thereafter at Victoria Hospital, Bengaluru and he was also provided treatment at NIMHANS Hospital, Bengaluru. The discharge summary and other medical records indicate that the injured appellant sustained the following injuries:
"Fracture shaft right femur middle one- third, fracture intercondylar, fracture humerus with moderate head injury"-6-
NC: 2026:KHC:15408 M.F.A. No.1876/2020 HC-KAR
7. The injured appellant was admitted to Victoria hospital on 07.06.2011 and discharged on 04.07.2011. It is not in the dispute that the injured appellant has neither examined any doctor nor produced any disability certificate. In the absence of such evidence before this Court, and based on the discharge summary, it would be difficult for this Court to assess compensation under the head of loss of future income due to disability. However, taking note of the injuries suffered and also considering the fact that the injured appellant was an inpatient for nearly one month in the hospital, and further passed away during the pendency of the appeal and the appeal is now being prosecuted by his LRs and also keeping in mind that the Tribunal has not awarded any compensation under the head of loss of amenities, I am of the view that the interest of justice would be met if an additional compensation of Rs.60,000/- is awarded in addition to what has been awarded by the Tribunal. -7-
NC: 2026:KHC:15408 M.F.A. No.1876/2020 HC-KAR Accordingly, the LRs of the injured appellant are entitled to an additional sum of Rs.60,000/- as compensation.
8. The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization.
9. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed. The respondent/insurer shall deposit the additional compensation amount with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. On such deposit, the same shall be released in favour of the appellant. Registry to draw modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL) JUDGE ABK/List No.: 1 Sl No.: 11