Karnataka High Court
Hemanth T J vs Kumaraswamy M M on 23 June, 2025
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NC: 2025:KHC:21928
MFA No. 6481 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 6481 OF 2017 (MV-I)
BETWEEN:
HEMANTH T J
S/O JAGADEESH
AGED ABOUT 19 YEARS
R/AT TATTIHALLI VILLAGE
BELUR TALUK-573115
HASSAN DISTRICT
...APPELLANT
(BY SRI. JAGADEESH H T, ADVOCATE)
AND:
1. KUMARASWAMY M M
S/O MANJEGOWDA
AGED ABOUT 41 YEARS
R/O AJJENAHALLI VILLAGE
Digitally MADIHALLI HOBLI
signed by BELUR TALUK-573115
NIRMALA
DEVI 2. THE MANAGER
Location: UNITED INDIA INSURANCE CO LTD
HIGH COURT BRANCH OFFICE
OF P.B.NO.108
KARNATAKA
VENKATESHWARA BUILDING,
B.M.ROAD,HASSAN-573201
...RESPONDENTS
(BY SRI. RAVISH BENNI, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.11.2016 PASSED IN MVC
NO.1802/2015 ON THE FILE OF THE COURT OF THE SENIOR CIVIL
JUDGE AND MACT, AT BELUR. PARTLY ALLOWING THE CLAIM
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MFA No. 6481 of 2017
HC-KAR
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION AND ETC.
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 by the claimant under Section
173(1) of the Motor Vehicle Act, 19881 challenging the
judgment and award dated 29.11.2016 passed in MVC
No.1802/2015 by the Senior Civil Judge & JMFC., MACT, Belur2
seeking for enhancement of compensation.
2. The Tribunal by its judgment and award dated
29.11.2016 partly allowed the claim petition and awarded a
total compensation of `1,90,100/- together with interest @ 9%
per annum. Being aggrieved, the claimant has filed the above
appeal seeking for enhancement of compensation.
3. For the sake of convenience, the parties herein are
referred as per their rank before the Tribunal.
Hereinafter referred as to 'Act'
Hereinafter referred to as the 'Tribunal'
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4. Heard the submissions of learned counsel
Sri Jagadeesh H.T., appearing for the appellant and learned
counsel Sri Ravish Benni, learned counsel appearing for the
respondent No.2.
5. The findings of the Tribunal on negligence and liability
are not under challenge and have attained finality. Hence, the
only question that is required to be adjudicated in the present
appeal is the adequacy of the compensation awarded by the
Tribunal.
6. It is forthcoming that the claimant was a 17 year old
boy who sustained fracture of right radius and ulna. The
claimant was treated as an inpatient from 12.08.2015 to
21.08.2015 i.e., for a period of 10 days. The Doctor (PW2) has
assessed the disability at 24% to the limb. The Tribunal has not
assessed the percentage of disability. Upon re-appreciation of
the material on record, it is just and proper that the disability of
claimant be re-assessed as 8% to the whole body. Having
regard to the date of the accident, it is just and proper that the
notional income of the claimant be assessed as `9,000/- per
month.
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7. In view of the aforementioned, the compensation is re-
assed as follows:
7.1. The compensation awarded by the Tribunal towards pain
and suffering, medical expenses and future medical expenses in
a sum of `50,000/-, `57,100 and `20,000/- respectively is just
and proper;
7.2. Having regard to the nature of injuries sustained, it is just
and proper to award a compensation of `15,000/- towards
food, nourishment and attendant charges as against `10,000/-
awarded by the Tribunal;
7.3. Keeping in mind the nature of injuries sustained by the
claimant and the treatment period, the laid up period during
treatment is taken as 2 months and accordingly, compensation
of (`9,000 x 2) `18,000/- is awarded towards loss of income
during laid up period as against `3,000/- awarded by the
Tribunal;
7.4. Having regard to the injuries sustained and the resultant
disability, it is just and proper to re-assess the compensation
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towards amenities as `25,000/- as against `20,000/- awarded by
the Tribunal;
7.5. The compensation towards disability/loss of future
earning capacity is re-assessed as (`9,000 x 12 x 18 x 8%)
` 1,55,520/- as against `30,000/- awarded by the Tribunal;
7.6. The Tribunal has awarded interest @ 9% per annum.
However, taking judicial note of the rate of interest paid
towards fixed deposits, it is just and proper that on the
enhanced compensation interest be awarded at 7% per annum.
8. In view of the aforementioned, the compensation is re-
assessed as follows:
Sl. Compensation Head Amount Awarded Amount Awarded
No. by the Tribunal (`) by this Court (`)
1 Pain and suffering 50,000.00 50,000.00
2 Medical expenses 57,100.00 57,100.00
3 Food, nourishment and 10,000.00 15,000.00
attendant charges
4 Loss of earning during 3,000.00 18,000.00
laid up period
5 Future medical expenses 20,000.00 20,000.00
6 Permanent disability 30,000.00 1,55,520.00
7 Loss of amenities 20,000.00 25,000.00
Total 1,90,100.00 3,40,620.00
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9. Accordingly, the claimant is entitled to enhanced
compensation of (`3,40,620.00/- - `1,90,100.00/-)
`1,50,520/-.
10. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 29.11.2016
passed in MVC No.1802/2015 by the Senior
Civil Judge & JMFC., MACT, Belur 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 enhanced
compensation of `1,50,520/- 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.2 - 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;
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v) Upon such deposit, the entire enhanced
compensation together with interest accrued
thereupon be disbursed to the claimant;
vi) The Registry to draw the modified award
accordingly;
vii) Records be transmitted to the Tribunal forthwith.
No costs.
SD/-
(C.M. POONACHA)
JUDGE
BS
