Karnataka High Court
Sri Shashidhar M N vs The Partner on 24 July, 2025
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NC: 2025:KHC:28447
MFA No. 845 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 845 OF 2017 (MV-I)
BETWEEN:
SRI SHASHIDHAR MN
S/O NANJUNDAIAH,
AGED ABOUT 29 YEARS,
R/AT NO.5, 12TH BLOCK,
POLICE QUARTERS, HEBBAL,
BANGALORE-24
PERMANENT RESIDENT OF:
MATHIHALLI A POST,
TIPTUR TALUK,
TUMKUR DISTRICT.
APPELLANT
(BY SRI. SHRIPAD V SHASTRI .,ADVOCATE)
AND:
1. THE PARTNER
M/S. CI REDY MIX,
BHARATHI
HM SY.NO.29 & 33, D/KAIB,
BOMMASANDRA INDL. AREA,
Digitally signed by
BHARATHI H M JIGANI, BANGALORE-99.
Location:
HIGHCOURT OF
KARNATAKA
(R.C.OWNER OF LGV BEARIANG
DHARWAD BENCH
DHARWAD REG.NO.KA.50.9281).
2. HDFC ERGO GENERAL
INSURANCE CO LTD
NO.14, H.M.GENEVA HOUSE,
CUNNINGHAM ROAD
BANGALORE-52.
(I.P.NO.231520056586 7001 00 VALID FROM 16.8.2014
TO 15.8.2015).
RESPONDENTS
(BY SRI. D VIJAYAKUMAR., ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
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MFA No. 845 of 2017
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 04/05/2016 PASSED IN MVC
NO.785/2015 ON THE FILE OF THE XXI ADDL. SCJ & XIX ACMM
MEMBER - MACT, BANGALORE (SCCH-23), PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION AND ETC,.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
The present appeal is filed by the claimant under Section
173(1) of the Motor Vehicles Act, 19881 challenging the
judgment and award dated 04.05.2016 passed in
MVC.No.785/2015 by the XXI Additional Small Causes Judge
and XIX ACMM, Bangalore (SCCH-23)2 seeking for
enhancement of compensation.
2. The Tribunal vide its judgment and award dated
04.05.2016 has partly allowed the claim petition and awarded a
total compensation of `40,000/- together with interest at 6%
per annum. Being aggrieved, the present appeal is filed seeking
for enhancement of compensation.
Hereinafter referred as to 'Act'
Hereinafter referred as to 'Tribunal'
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3. The findings of the Tribunal on negligence and
liability are not under challenge and have attained finality.
Hence, the only aspect that is required to be considered in the
present appeal is with regard to the adequacy of the quantum
of compensation awarded.
4. Heard submissions of learned counsel Sri Shripad V
Shastri appearing for the appellant - claimant and learned
counsel Sri D Vijayakumar appearing for respondent No.2 -
insurer.
5. It is forthcoming that the claimant was aged 27
years as on date of the accident i.e., as on 16.11.2014. He was
stated to be working as a railway police constable earning a
sum of `19,825/- per month.
6. It is evident from the wound certificate (Ex.P6), the
discharge summary (Ex.P12) and the testimony of doctor
(PW.2) that the claimant has sustained crushed degloving
injury with exposure of right knee as well as injuries to right
tibia and right patella. The claimant was treated as an inpatient
for a total period of 11 days from 16.11.2014 to 26.11.2014.
The doctor (PW.2) has deposed that the whole body disability
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of the claimant as 17%. PW.2 has further deposed that the
claimant has massive skin grafts (disfiguration) and flaps over
his right knee and right leg which is numb and itches a lot. That
the claimant develops oozing and huge swelling from his skin
flap wound after activity and he is unable to do physical
training, parade and unable to run. However, it is pertinent to
note that the claimant has continued in his employment with
the railway police.
7. The Tribunal has noticed that while the claimant
claimed medical expenses of `31,568/-, PW.1 in his cross-
examination has stated that he has received reimbursement of
medical expenses. However, it was stated that the out patient
bills have not been reimbursed. Since there was no material
placed on record regarding the same, the Tribunal has not
awarded any compensation towards the same. However, it is
pertinent to note here that the claimant has produced the out
patient medical bills which have been cumulatively marked as
Ex.P15 which is for a total sum of `31,568/-. Hence, it is just
and proper to award medical expenses in a sum of `32,000/-.
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8. Having regard to the nature of injuries sustained, it
is just and proper that the compensation towards pain and
suffering be re-assessed as `50,000/- as against `30,000/-
awarded by the Tribunal.
9. The compensation awarded by the Tribunal
towards food, nourishment and conveyance charges of
`10,000/- is just and proper.
10. Although, the claimant is not entitled to
compensation towards loss of future earning capacity/disability,
having regard to the testimony of PW.2 and extent of disability,
as assessed by PW.2, it is just and proper that loss of amenities
be awarded in a sum of `40,000/-.
11. In view of the aforementioned, the compensation
re-assessed is as follows:
Sl.No Compensation Head Amount Amount awarded
Awarded by the by this Court (`)
Tribunal (`)
1 Pain and suffering 30000.00 50000.00
2 Food, conveyance and 10000.00 10000.00
nourishment
3 Loss of amenities 00.00.00 40000.00
4 Medical expenses 00.00 32000.00
Total 40000.00 132000.00
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12. Accordingly, the Claimant is entitled to an enhanced
compensation of (`1,32,000/- - `40,000/-)= `92,000/-.
13. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 04.05.2016 passed
in MVC.No.785/2015 by the XXI Additional Small
Causes Judge and XIX ACMM, Bangalore (SCCH-
23), is hereby modified to the extent stated herein.
In all other respects, the judgment and award of
the Tribunal remains unaltered;
iii) The appellant/claimant is entitled to an enhanced
compensation of `92,000/- together with interest at
6% per annum from the date of petition till its
realization, in addition to the compensation
awarded by the Tribunal;
iv) Respondent No.2 - insurer shall deposit the said
compensation together with accrued interest within
a period of six weeks;
v) Upon such deposit, the entire enhanced
compensation together with interest accrued
thereupon be disbursed to the claimant;
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vi) The Registry to draw the modified award
accordingly;
vii) Records be transmitted to the Tribunal forthwith.
No costs.
Sd/-
(C.M. POONACHA)
JUDGE
PNV
