Karnataka High Court
Iranna vs Ramesh on 5 November, 2025
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NC: 2025:KHC-K:6578
MFA No. 204192 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 204192 OF 2025 (MV-I)
BETWEEN:
IRANNA
S/O. GURAGONDAPPA CHIKKOND,
AGE 66 YEARS, OCC. CLEANER,
R/O. GANGADHAR PLOTS, B. BAGEWADI,
DIST. VIJAYAPURA-586101.
...APPELLANT
(BY SRI SANGANAGOUDA V BIRADAR,ADVOCATE)
AND:
1. RAMESH
S/O. IRANNA CHIKKOND,
AGE 31 YEARS, OCC. BUSINESS,
Digitally signed R/O. NANDI BADAVANE, B.BAGEWADI,
by SUMITRA DIST. VIJAYAPURA-586101.
SHERIGAR
Location: HIGH
COURT OF 2. THE MANAGER LEGAL/CLAIMS,
KARNATAKA RELIANCE GENERAL INSURANCE CO. LTD.,
2ND FLOOR, DARABAR SQUARE,
RAM MANDIR ROAD, OPP. BALAJI TEMPLE
VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADV. FOR R2;
R1 DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
ENHANCE THE COMPENSATION AMOUNT PAYABLE TO THE
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NC: 2025:KHC-K:6578
MFA No. 204192 of 2025
HC-KAR
APPELLANT BY SUITABLY MODIFYING THE JUDGMENT AND
AWARD DATED 20.09.2024 PASSED BY THE COURT OF THE II
ADDL. SENIOR CIVIL JUDGE AND MACT VII, VIJAYAPURA IN
MVC NO.1479/2019.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. This appeal is preferred by the claimant against
the Judgment and award dated 20.09.2024 passed in MVC
No.1479/2019 by the II Additional Senior Civil Judge and
MACT VII, at Vijayapura (for short 'the tribunal'), seeking
enhancement of the compensation.
2. The injured claimant aged 53 years working as
cleaner met with accident on 26.02.2019 and he filed claim
petition seeking compensation of Rs.15,00,000/-. The
tribunal considering the entire evidence on record awarded
compensation of Rs.1,63,763/- with interest at the rate of
6% per annum from the date of petition till award. Aggrieved
by the said order this appeal is preferred in which it is
contended that, the claimant was earning a sum of
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Rs.15,000/- per month and the tribunal has taken
Rs.13,250/- per month. P.W.3 the Doctor assessed the
disability 16%, but the tribunal has taken 6% as functional
disability and it is to be enhanced. Further he requests to
enhance the rate of interest to 12% instead of 6%.
3. Heard the arguments of the learned counsels
from both sides.
4. The Doctor P.W.3 has assessed the disability at
16%. 1/3rd of the 16% comes to 6%. Hence, the disability
taken by the tribunal at 6% is proper and correct. Learned
counsel for the claimant/appellant contended that, the age of
the petitioner was shown as 54 years in Ex.P.7 and in other
medical records, but in Ex.P.5 his age is shown as 60 years.
The tribunal relied upon Ex.P.5 and considered the age of the
claimant as 60 years. Considering the age mentioned in the
Ex.P.7 and other medical records, this Court finds it
reasonable to consider the age of the claimant as 54 years,
for which the multiplier would be '11'.
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5. The claimant sustained communited displaced
fracture of junction of middle and lower 1/3rd shaft of
humerus, which is grievous in nature. P.W.2 issued disability
certificate at Ex.P.11. P.W.2 in his cross examination
deposed that, the claimant suffered healed surgical scar
mark over the posterior aspect left arm measuring about 10
cm. He has also deposed about the restriction of elbow
movement and rage of movement of shoulder in view of
accidental injuries. Hence, the tribunal has considered 6%
disability and it needs no interference. Since he met with
accident in the year 2019, his income as per the guidelines
of the Karnataka State Legal Services would be Rs.13,250/-.
The tribunal has rightly taken the income of Rs.13,250/- and
the loss of future is as under:
Rs.13,250/- X 12 X 11 X 6% = Rs.1,04,940/-.
6. The tribunal has awarded a sum of Rs.70,063/-
towards medical expenses, which needs no interference by
this Court. The claimant was hospitalized for a period of 09
days as per Ex.P.5. This Court finds it reasonable to grant an
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amount of Rs.50,000/- towards pain and suffering,
Rs.25,000/- towards loss of amenities, Rs.30,000/- towards
transportation, extra nourishment and attendant charges.
The claimant might not have attended any work for at least
four months. Therefore, a sum of Rs.53,000/- (Rs.13,250/- X
4 months) is awarded towards loss of income during laid up
period. The total compensation would be as under:
Sl.No. Heads of compensation Amounts
1 Loss of future income Rs.1,04,940/-
2 Pain and sufferings Rs.50,000/-
3 Loss of amenities Rs.25,000/-
4 Transportation, extra Rs.30,000/-
nourishment and attendant
charges
5 Loss of income during laid Rs.53,000/-
up period
6 Medical expenses Rs.70,063/-
Total Rs.3,33,003/-
7. The claimant is entitled for total compensation of
Rs.3,33,003/- along with interest at the rate of 6% per
annum from the date of petition till realization as against
Rs.1,63,763/- awarded by the tribunal.
8. Learned counsel for the Insurance company
submits that, the compensation amount awarded by the
tribunal has been deposited before the tribunal.
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9. Accordingly, the following order:
ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitled for total
compensation of Rs.3,33,003/- along with interest
at the rate of 6% per annum from the date of
petition till realization as against Rs.1,63,763/-
awarded by the tribunal;
(iii) The Insurance company is directed to
deposit the enhanced compensation of
Rs.1,69,240/- along with interest within one month
from the date of this order;
(iv) On such deposit the claimant is permitted
to withdraw the entire amount along with interest
accrued on it.
(v) The claimant is not entitled for interest
for the delayed period of 257 days.
sd/-
(P SREE SUDHA)
JUDGE
SVH
