Karnataka High Court

Sri Vinoda H L vs Sri Shivakumar S on 18 August, 2025

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                                                 NC: 2025:KHC:31723-DB
                                                  MFA No. 1275 of 2022


             HC-KAR



                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 18TH DAY OF AUGUST, 2025

                                      PRESENT
                        THE HON'BLE MR. JUSTICE D K SINGH
                                        AND
                    THE HON'BLE MR. JUSTICE VENKATESH NAIK T
                  MISCELLANEOUS FIRST APPEAL NO. 1275 OF 2022
                                       (MV-I)
             BETWEEN:

             1.    SRI VINODA H L
                   S/O LINGAIAH C, AGED ABOUT 24 YEARS,
                   R/AT HADLI VILLAGE, MALAVALLI TALUK
                   MANDYA DISTRICT, PIN-571430.
                                                          ...APPELLANT
             (BY SRI. RAVISHA M G., ADVOCATE)

             AND:

             1.    SRI SHIVAKUMAR S
                   S/O SWAMY,
Digitally
signed by          R/AT NO.21 GROUND FLOOR
VASANTHA
KUMARY B K         RAMAIAH BUILDING, 10TH C MAIN, 2ND CROSS
Location:          JAYANAGAR, 1ST STAGE, BENGALURU-560 011.
HIGH
COURT OF           (OWNER OF MOTOR CYCLE BEARING
KARNATAKA
                   NO.KA-05-JZ-1432)

             2.    THE DIVISIONAL MANAGER
                   NEW INDIA INSURANCE CO., LTD.,
                   T P HUB J L B ROAD, CHAMUNDIPURAM
                   MYSURU PIN-570004
                                                     ...RESPONDENTS
             (VIDE ORDER DATED:10.08.2022, NOTICE TO R-1 IS
              DISPENSED WITH;
              BY SRI. JANARDHAN REDDY., ADVOCATE FOR R-2)
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                                           NC: 2025:KHC:31723-DB
                                           MFA No. 1275 of 2022


HC-KAR



     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 15.06.2021
PASSED IN MVC NO. 1548/2018 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MADDUR,
MANDYA DISTRICT IN CONCURRENT AND ITINERARY CHARGE
OF COURT OF SENIOR CIVIL JUDGE AND MACT, MALAVALLI,
MANDYA DISTRICT, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR. JUSTICE D K SINGH
           and
           HON'BLE MR. JUSTICE VENKATESH NAIK T

                         ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)

1. Heard learned counsels for the appellant and

respondents.

2. The appellant - claimant has filed this appeal for

enhancement of compensation being aggrieved by the

judgment and award passed by the Senior Civil Judge &

MACT, Malavalli (for short, Tribunal) in MVC.No.1548/2018

dated 15.06.2021.

3. For the sake of convenience, the parties are referred to

as per their rankings before the Tribunal.

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4. Brief facts of the case are that, on 29.01.2018 at about

5.30 am, near Kyathegowdanadoddi village on Malavalli-

Kanakapura main road, the appellant - claimant while

proceeding from Koregala village to Bengaluru on motor

cycle bearing Reg.No.KA-05 JZ-1432, as a pillion rider which

was ridden by one Chiranjeevi K.N., in a rash and negligent

manner collided against a bullock-cart. As a result, the

appellant - claimant fell down and sustained grievous

injuries. He was immediately shifted to the Government

Hospital, Malavalli for first aid and then to JSS Hospital for

further treatment, where he has taken surgical treatment as

an inpatient. He has also taken treatment at Victoria

Hospital, Bengaluru.

5. Learned counsel Sri Ravisha M.G for the appellant -

claimant contended that, the Tribunal has committed an

error in awarding less compensation. The Tribunal has

considered the notional income of the appellant at

Rs.12,500/ which is on lower side, as the appellant -

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claimant was an agriculturist and also was working as a Cab

Driver and was earning Rs.30,000/- per month.

6. Further, the Tribunal has not considered the disability

as the appellant sustained grievous injuries due to the

accident his left kidney, spleen, part of pancreas and part of

large intestine have been removed. A bag has been fixed to

his stomach for passing of stools to it through the small

intestine. Hence, he prayed to allow the appeal.

7. Per contra, learned counsel Sri Janardhan Reddy for

the Insurance Company vehemently contended that, the

Tribunal considering the oral and documentary evidence on

record has granted fair and reasonable compensation.

Hence, he prayed for dismissal of the appeal.

8. We have perused the material available on record.

Having heard the learned counsels for both the parties, the

point that would arise for our consideration in the appeal is:

Whether the quantum of compensation awarded by the Tribunal is just and

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reasonable or does it call for enhancement?

9. To prove the claim of the appellant, he himself got

examined as PW.1 and he also got examined Dr. Madhu C.P.

as CW.1 and got marked documents as per Ex.P-1 to Ex.P-

271 and two Case-sheets as per Ex.C-1 and Ex.C-2.

10. As per Ex.P-4 - the Wound Certificate, it appears that

the claimant has suffered following injuries:

1. C/o pain in abdomen tenderness present over left side of abdomen,

2. Crush injury left little toe,

3. Tenderness over left forearm,

4. Abrasion over left knee,

5. Cut injury left little finger as stated in detail therein.

11. To substantiate the claim of the appellant, the claimant

examined the doctor as CW-1 who treated him. However,

the appellant has not furnished any disability certificate.

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12. Sofaras the income of the claimant is concerned, the

Tribunal had considered the notional income of the deceased

at Rs.12,500/- per month.

13. We have perused the IA filed under Order XLI Rule 27

read with Section 151 of CPC, for production of the copy of

DL, RC, Permit and Insurance Policy and bank statement of

the claimant, to substantiate that the claimant was earning

Rs.18,000/- per month regularly. Hence, we have

considered the income of the claimant at Rs.18,000/- per

month.

14. Though no disability certificate is furnished, however,

taking into consideration the nature of the injuries sustained

by the appellant and the fact that, his left kidney, spleen,

part of pancreas and part of large intestine have been

removed. A bag has been fixed to his stomach for passing of

stools to it through the small intestine. However, no specific

percentage of physical disability has been deposed by the

doctor for the purpose of assessing whether there will be any

loss of earning capacity or not, in our considered opinion, it

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is just and necessary to assess the permanent physical

disability at 20%.

15. The claimant was aged about 22 years at the time of

accident. As per the decision of the Hon'ble Apex Court in

the case of SMT. SARLA VERMA AND OTHERS. Vs.

DELHI TRANSPORT CORPORATION AND

ANOTHER reported in AIR 2009 SC 3104, the

multiplier applicable to the age of the deceased is '18'. Thus,

the compensation under the loss of future earning capacity is

reassessed as under:

Rs.18,000 + Rs.7,200 (40%) = Rs.25,200/-

Rs.25,200 x 12 x 18 x 20% = Rs.10,88,640/-

16. The Tribunal has granted a sum of Rs.5,86,608/-

towards medical expenses which is fair and reasonable.

Hence, the same is maintained.

17. Further, the Tribunal has granted a sum of

Rs.65,000/- towards food and nourishment and

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miscellaneous expenses, which is fair and reasonable.

Hence, the same is maintained.

18. Further, the Tribunal has awarded a sum of

Rs.1,05,000/- towards loss of income during the laid up

period which is on lower side. Considering the income of the

claimant at Rs.18,000/- for future prospects, the same is to

be enhanced to Rs.1,51,000/-.

19. Further, the Tribunal has awarded a sum of

Rs.1,50,000/- towards pain and sufferings and

Rs.2,00,000/- towards loss of amenities which are fair and

reasonable. Hence, the same are maintained and no

interference is called for in that regard.

20. Thus, the claimant is entitled for the following compensation:

                  HEADS                                      Rs.
 Medical Expenses                                         5,86,608.00

Food, nourishment and miscellaneous 65,000.00 expenses Loss of income during laid up period 1,51,000.00 Pain and suffering 1,50,000.00 Loss of amenities 2,00,000.00

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Loss of future income due to disability 10,88,640.00 TOTAL 22,41,248.00 Less: Compensation awarded by the 11,06,608.00 Tribunal ENHANCED COMPENSATION 11,34,640.00

21. Accordingly, we pass the following

ORDER i. The appeal is allowed-in-part.

ii. The judgment and award dated 15.06.2021 in

MVC No.1548/2018 passed by the Senior Civil Judge

and MACT, Malavalli, is modified to the extent stated

hereinabove.

iii. The claimant is entitled for total compensation of

Rs.22,41,248/- (Rupees Twenty two lakh forty

one thousand two hundred and forty eight only)

as against Rs.11,06,608/- awarded by the

Tribunal.

iv. In so far as liability is concerned, The Insurance