Smt Shobhamani vs V Basavaraj
2025 Latest Caselaw 585 Kant

Citation : 2025 Latest Caselaw 585 Kant
Judgement Date : 2 July, 2025

Karnataka High Court

Smt Shobhamani vs V Basavaraj on 2 July, 2025

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                                                      NC: 2025:KHC:23822
                                                   MFA No. 1088 of 2017


              HC-KAR




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 2ND DAY OF JULY, 2025

                                        BEFORE
                       THE HON'BLE MR. JUSTICE C.M. POONACHA
              MISCELLANEOUS FIRST APPEAL NO. 1088 OF 2017 (MV-I)
             BETWEEN:

             SMT SHOBHAMANI
             W/O R PARAMESH
             AGED ABOUT 49 YEARS
             TEACHER
             R/O HUNUSEMARADA BEEDI
             CHIKMAGALUR CITY:577 101
                                                             ...APPELLANT
             (BY SRI. RAVIKUMAR N R, ADVOCATE)

             AND:

             1.   V BASAVARAJ
                  S/O VINAYAKA REDDY
                  AGEDA BOUT 31 YEARS
                  R/AT BELASANUR
                  HARIHARA TALUK
Digitally         DAVANAGERE DISTRICT PIN:577601
signed by
NIRMALA
DEVI         2.   THE DIVISIONAL MANAGER
Location:         DIVISION OFFICE
HIGH COURT        K S R T C, CHIKMAGALUR
OF                CHIKMAGALUR CITY-577 101
KARNATAKA                                                 ...RESPONDENTS
             (BY SRI. R MANJUNATHA, ADVOCATE FOR R2
              R1 IS SERVED AND UNREPRESENTED)

                   THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
             JUDGMENT AND AWARD DATED 12/04/2016 PASSED IN MVC
             NO.529/2014 ON THE FILE OF THE 1ST ADDITIONAL DISTRICT JUDGE
             AND MMACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM
             PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
             COMPENSATION AND ETC.
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                                                                NC: 2025:KHC:23822
                                                          MFA No. 1088 of 2017


    HC-KAR




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

CORAM:           HON'BLE MR. JUSTICE C.M. POONACHA

                                   ORAL JUDGMENT

The above appeal is filed challenging the judgment and

award dated 12.4.2016 passed in MVC No.529/2014 by the I

Additional District Judge and Member, MACT, Chikkmagalur1,

wherein the Tribunal has partly allowed the claim petition and

awarded a total compensation of `84,300/- together with

interest at 6% pa. Being aggrieved, the present appeal is filed

by the claimant for enhancement of compensation.

2. 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

compensation awarded.

3. For the sake of convenience, the parties herein are

referred as per their rank before the Trial Court.

Hereinafter referred to as 'Tribunal'

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4. The claimant is aged 46 years as on the date of the

accident. Hence, the appropriate multiplier is 13. The claimant

has averred that she was working as a Teacher at Handi

Primary School, Handi Village, Chikkamgalur Talul. However,

no documents have been produced to demonstrate her income.

Hence, the notional income of the claimant is assessed as

`8,500/- p.m.

5. It is forthcoming from the wound certificate

(Ex.P8), discharge summary (Ex.P11) that the claimant was

admitted as an inpatient at the Government Hospital,

Chikkamagalur on 5.2.2014 and discharged on 6.2.2014 with a

specific advice to take treatment at a higher centre.

Thereafter, the claimant was admitted to Tejasvini Hospital,

Mangaluru, on 6.2.2014 and was treated as an inpatient till

19.2.2014. Hence, the claimant has taken treatment as an

inpatient for a total period of 15 days.

6. It is forthcoming that the claimant has sustained

fracture of the tibia and fibula of her right leg. The said

fracture was surgically treated. The disability certificate

(Ex.P13) has been issued, whereunder the disability of the right

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lower limb of the claimant has been assessed as 20%. It is

further stated that one more surgery is required to be

conducted for removal of implants, which would cost about

`25,000/-. The Tribunal has not assessed any disability as no

doctor has been examined. However, it is pertinent to place on

record that the disability certificate (Ex.P13) has been issued

by a reputed doctor at Tejasvini Hospital, Mangaluru, who has

treated the claimant. Hence, it is just and proper that the

whole body disability of the claimant be assessed at 5%.

Further, although Ex.P13 indicates another surgery would cost

`25,000/- since no other material has been produced on record,

it is just and proper that some amount be awarded towards

future medical expenses.

7. In view of the aforementioned, the compensation is

re-assessed as follows:

7.1 Having regard to the nature of injuries sustained

and the period of treatment, the compensation towards pain

and suffering is re-assessed as `50,000/- as against `35,000/-

awarded by the Tribunal.

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7.2 The Tribunal has assessed the medical expenses at

`49,300/- which are as per actual medical bills, which is just

and proper and the same is rounded off to `50,000/-.

7.3 Having regard to the nature of injuries sustained

and the period of treatment, the compensation towards

attendant charges, food and nourishment is assessed as

`25,000/-.

7.4 Having regard to the period of treatment, the same

is taken as three months and the compensation of (`8,500/-x3)

`25,500/- is awarded towards the same.

7.5 Since no other documents have been produced with

regard to the future medical expenses apart from Ex.P13, it is

just and proper that compensation towards future medical

expenses be awarded at `15,000/-.

7.6 Loss of income due to disability is assessed as

(`8,500/-x12x13x5%) `66,300/-.

8. Having regard to the order dated 19.4.2018 passed

in the above appeal, the claimant shall not be entitled to

interest for the delayed period of 192 days.

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9. Accordingly, the total compensation under various

heads is re-assessed as follows:

Sl. Heads Amount awarded Amount awarded No. by the Tribunal by this Court (Rs.) (Rs.)

1. Towards pain and suffering 35000.00 50000.00

2. Towards medical expenses 49300.00 50000.00

3. Loss of future earning 0.00 66300.00 capacity due to disability

4. Loss of income during laid up 0.00 25500.00 period

5. Food and nourishment 0.00 25000.00

6. Future medical expenses 0.00 15000.00 Total 84300.00 231800.00 Interim compensation by insurer (-) 5000.00 79300.00

10. Hence, the claimant is entitled for enhanced

compensation of (`2,31,800/- - `84,300/-) `1,47,500/-.

11. Taking judicial notice of the interest payable

towards fixed deposits, it is just and proper to award interest at

the rate of 7% p.a., on the enhanced compensation.

12. In the result, the following:

ORDER

i) The appeal is allowed in part;

ii) The judgment and award dated 12.4.2016 passed in MVC No.529/2014 by the I Additional District Judge and Member, MACT, Chikkmagalur, is

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modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered.

iii) The claimant is entitled for enhanced compensation of `1,47,500/- with interest at the rate of 7% p.a. from the date of petition till its realisation except for the delayed period of 192 days, in addition to the compensation awarded by the Tribunal;