Sri K. B. Jagadeesh vs National Insurance Co. Ltd
2025 Latest Caselaw 6417 Kant

Citation : 2025 Latest Caselaw 6417 Kant
Judgement Date : 19 June, 2025

Karnataka High Court

Sri K. B. Jagadeesh vs National Insurance Co. Ltd on 19 June, 2025

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                                                            NC: 2025:KHC:21331
                                                         MFA No. 6288 of 2017


                    HC-KAR



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 19TH DAY OF JUNE, 2025

                                              BEFORE
                             THE HON'BLE MR JUSTICE C.M. POONACHA
                    MISCELLANEOUS FIRST APPEAL NO. 6288 OF 2017 (MV-I)
                   BETWEEN:

                   SRI KB. JAGADEESH,
                   S/O BASAPPA,
                   AGED 55 YEARS,
                   R/O KAREGOWDNAHALLI,
                   KADABA HOBLI, GUBBI TALUK,
                   TUMAKURU DISTRICT-572216.

                                                                     APPELLANT
                   (BY SRI. MB CHANDRACHOODA .,ADVOCATE)

                   AND:

                   1.    NATIONAL INSURANCE CO. LTD.,
                         BRANCH AT KASTURI MANSION,
                         BEHIND KRISHNA TALKIES,
                         M.G.ROAD, TUMAKURU-572101,
                         REP BY ITS MANAGER.

                   2.    SRI NR SANTHOSH,
                         S/O NR RANGASWAMY,
Digitally signed         AGED MAJOR,
by NIRMALA               R/O NITTUR, GUBBI TALUK,
DEVI
                         TUMAKURU DISTRICT-572216.
Location: HIGH
COURT OF                                                          RESPONDENTS
KARNATAKA
                   (BY SRI. SHIVARAJ PATIL FOR R2.,ADVOCATE;
                       V/O DATED 10.11.2017 NOTICE TO R1 IS DISPENSED WITH.)

                        THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
                   JUDGMENT AND AWARD DATED 11.04.2017       PASSED IN MVC
                   NO.1601/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
                   JUDGE, ADDITIONAL MACT-17, GUBBI, PARTLY ALLOWING THE
                   CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
                   OF COMPENSATION AND ETC,.
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                                                               NC: 2025:KHC:21331
                                                             MFA No. 6288 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 present appeal is filed by the claimant under Section

173(1) of the Motor Vehicle Act, 19881 seeking for

enhancement of the quantum of compensation awarded vide

judgment and award dated 11.04.2017 passed in

MVC.No.161/2014 by the Principal Senior Civil Judge and

Additional MACT-17, Gubbi2.

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

referred as per their rank before the Tribunal.

3. The findings of the Tribunal on negligence and

liability are not under challenge. Hence, the only question that

is required to the adjudicated in the present appeal is with

regard to adequacy of the compensation awarded by the

Tribunal.

Hereinafter referred as to 'Act'

Hereinafter referred as to 'Tribunal'

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4. The age of the claimant as on the date of the

accident is 52 years. Hence, the Tribunal has applied the

appropriate multiplier of '11'. It was averred that the claimant

was an agriculturist. However, no documents have been

produced to prove his income. The Tribunal has assessed the

income of the claimant at `8,000/- per month. Having regard to

the date of accident it is just and proper to re-assess the

notional income of the claimant at `8,500/- per month.

5. The claimant has sustained fracture of the right

elbow and other simple injuries including lacerated wound on

tongue and nose and lacerated wound to the right knee. The

claimant was treated as an inpatient from 08.09.2014 to

18.9.2014 i.e., for a period of 10 days. The doctor (PW.2) has

deposed that the whole boy disability of the claimant is 10%.

The Tribunal has also assessed the disability at 10%.

6. Having regard to the aforementioned, the

compensation is re-assessed as follows:

i. Having regard to the nature of injuries sustained

the compensation awarded towards pain and suffering is re-

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assessed as `50,000/- as against `4,000/- awarded by the

Tribunal.

ii. The Tribunal has awarded a sum of `65,740/-

towards medical expenses which is just and proper and the

said amount is rounded of as `66,000/-.

iii. The compensation towards food, nourishment and

attendant charges is re-assessed as `10,000/- as against

`2,200/- awarded by the Tribunal.

iv. The period of treatment has been taken as three

months from the Tribunal and accordingly, the compensation

of (`8,500/- X 3) = `25,500/- is awarded towards loss of

earning during hospitalization as against `24,000/- awarded by

the Tribunal.

v. The Tribunal has awarded `40,000/- towards future

medical expenses, since, the doctor (PW.2) has deposed that

the claimant has to undergo another surgery for removal of

implant. Hence, the said compensation awarded is just and

proper.

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vi. The Tribunal has not awarded any compensation

towards loss of amenities. Having regard to the nature of

injuries sustained and the resultant disability, the loss of

amenities is assessed at `20,000/-.

7. 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 40000.00 50000.00

2 Permanent disablement 105600.00 112200.00

3 Medical expenses 65740.00 66000.00

4 Towards food, 2200.00 10000.00 nourishment and attendant charges

5 Loss of earning during 24000.00 25500.00 hospitalization

6 Future medical expenses 40000.00 40000.00

7 Loss of amenities 00.00 20000.00

Total 277540.00 323700.00

8. Accordingly, the Claimant is entitled to enhanced

compensation of (`3,23,700/- - `2,77,540/-) = `46,160/-.

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9. Taking judicial notice of the rate of interest awarded

towards fixed deposits, interest on the enhanced compensation

is awarded as 7% pa.

10. In view of the aforementioned, the following:

ORDER

i) The appeal is allowed in part;

ii) The judgment and award dated 11.04.2017 passed in MVC.No.161/2014 by the Principal Senior Civil Judge and Additional MACT-17, Gubbi, 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 `46,160/- together with interest at 7% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal;

iv) Respondent No.1 - insurer is directed to deposit the said compensation together with accrued interest within a period of six weeks from the date of receipt of a copy of this judgment;