Karnataka High Court
M K Sandeepa vs K Yogesh on 10 September, 2025
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NC: 2025:KHC:35853
MFA No. 8633 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 8633/2015 (MV-I)
BETWEEN:
M K SANDEEPA,
S/O KUMARA,
AGED ABOUT 24 YEARS,
R/AT D.NO.2, F BLOCK,
POLICE COLONY,
MANDYA CITY-571 401.
...APPELLANT
(BY SRI. K L SREENIVAS., ADVOCATE)
AND:
1. K YOGESH,
S/O KALLAIAH,
AGE MAJOR,
R/AT NO.1087, 3RD CROSS,
ARKESHWARA NAGARA,
GUTHAL LAYOUT,
MANDYA -57 1403.
Digitally signed
by
PADMASHREE 2. THE UNITED INDIA
SHEKHAR INSURANCE CO. LTD.,
DESAI
NO.1119/BMC ROAD,
Location: High MANDYA-571 401,
Court Of
Karnatka R/BY THE BRANCH MANAGER.
...RESPONDENTS
(BY SRI. NIKHIL RAJ., ADVOCATE FOR SMT GEETHA RAJ,
ADVOCATE FOR R2, V/O DTD 08.12.2022 NOTICE TO R1 D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:07.11.2014 PASSED IN MVC
NO.518/2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION
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MFA No. 8633 of 2015
HC-KAR
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL` COMING ON FOR HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal is filed by the appellant/claimant under
Section 173(1) of Motor Vehicles Act, 1988 challenging the
judgment and award dated 07.11.2014 passed in
MVC No.518/2010 on the file of the Principal Senior Civil
Judge, MACT, Mandya, for enhancing the compensation.
2. Heard the arguments of the learned counsel for the
appellant and learned counsel for respondent No.2. Notice to
respondent No.1 is dispensed with. The ranks of the parties
are retained as per tribunal for the sake of convenience.
3. Injured/claimant aged 19 years, met with an accident
on 10.09.2010 and filed claim application claiming
compensation of Rs.10,00,000/- for the injuries sustained by
him. The Tribunal considering the evidence on record granted
global compensation of Rs.25,000/-.
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4. Aggrieved by the said order, this appeal is preferred
in which it is contended that he sustained grievous injuries,
and underwent nasal bone reduction with Rhinoplasty and
ORFF with K wire fixation to AC joint, but the tribunal erred in
granting global compensation of Rs.25,000/- with interest at
the rate of 6% p.a.. He was suffering from breathing problem,
cannot lift weight and do work. Further, tribunal had not
granted amount under other heads like medical expenses,
attendant charges, loss of amenities, conveyance, food, diet
etc., thus requested for enhancement of compensation.
5. The petitioner did not examine the doctor. As per the
wound certificate at Ex.P6, he sustained two injuries, bilateral
nasal bone fracture, Grade 2 joint dislocations and was
hospitalized from 10.9.2010 to 16.9.2010 for a period of 7
days. It is stated that the injured is PUC student and was also
distributing newspapers and milk and was earning Rs.200/-
per day, but it was not believed by the Tribunal. Considering
the nature of injuries, which are grievous in nature, this Court
finds it reasonable to grant the amount of Rs.30,000/- for
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injuries, Rs.15,000/- for pain and suffering, Rs.15,000/- for
loss of amenities, Rs.5,000/- for medical expenses and
Rs.30,000/- for transportation, attendant charges and extra
nourishment.
6. Thus in all, components awarded by this court are
as below,
Particulars Amount
in Rs.
Towards injuries 30,000
Pain and suffering 15,000
Loss of amenities 15,000
Medical expenses 5,000
Transportation, Attendant 30,000
charges and Extra
nourishment
Total 95,000
Hence, the appellant-claimant is entitled for a total
enhanced compensation of Rs.95,000/- along with interest at
the rate of 6% p.a.
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7. In the result, the following order is passed:
ORDER
i. Appeal is allowed.
ii. The judgment and award dated 07.11.2014
passed in MVC No.518/2010 on the file of the
Principal Senior Civil Judge, MACT, Mandya, is
modified.
iii. The claimant is entitled to a sum of
Rs.95,000/- (Rupees Ninety Five Thousand
only) along with interest at 6% p.a., from the
date of petition till the date of realization,
instead of Rs.25,000/- granted by the tribunal.
iv. Respondent No.2 is directed to deposit the
amount within one month from the date of this
order.
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v. On such deposit, petitioner is permitted to
withdraw the entire amount along with interest
accrued on the same.
Sd/-
(P SREE SUDHA)
JUDGE
AKV
