Karnataka High Court
G.H.Ramanjanaiah vs Shivanna on 15 September, 2025
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NC: 2025:KHC:36820
MFA No. 5639 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 5639/2015 (MV-I)
BETWEEN:
G.H.RAMANJANAIAH,
S/O HANUMANTHARAYAPPA,
AGED ABOUT 38 YEARS,
HOLAVANAHALLI HOBLI,
GAJAMUDDANAHALLI,
KORATAGERE,
NOW RESIDING AT C/O G.V. VENKATESH,
S/O VENKATARAVANAPPA,
NO.14A, 4 H.M.T. QUARTERS,
TUMKUR-572 122.
...APPELLANT
(BY SRI. MUSHTAQ AHMED., ADVOCATE)
AND:
1. SHIVANNA S/O RANGAIAH,
KADEPALYA VILLAGE,
Digitally signed CHIKKONAHALLI POST,
by
PADMASHREE GUBBI TALUK,
SHEKHAR DESAI TUMKUR NDIST-573 123.
Location: High
Court Of 2. UNITED INDIA INSURANCE CO., LTD.,
Karnatka 1ST FLOOR, JAYADEVA COMPLEX,
B.H. ROAD, TUMKUR-572 122.
REP. BY ITS MANAGER
...RESPONDENTS
(BY SRI. K. KISHORE KUMAR REDDY, ADVOCATE FOR R2(VC)
V/O DATED 15.06.2016, NOTICE TO R1 D/W)
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NC: 2025:KHC:36820
MFA No. 5639 of 2015
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:21.02.2015 PASSED IN MVC
NO.1159/2011 ON THE FILE OF THE III ADDITIONAL DISTRICT
JUDGE AND IV MACT, AT TUMKUR, PARTLY ALLOWING THE
CLAIM PETITION 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
Heard the arguments of both sides.
2. This appeal is filed against the judgment and award
dated 21.02.2015 passed by the III Additional District Judge
and IV MACT, Tumkur, in MVC No.1159 of 2011.
3. The petitioner-injured claimant met with an accident
on 26.04.2011 and sustained injuries. Hence, filed claim
petition claiming compensation of Rs.3,00,000/- with interest.
The Tribunal considered the entire evidence on the record and
granted Rs.15,000/- with interest at the rate of 8% per annum
from the date of petition till realisation.
4. Being aggrieved by the said order, this appeal is
preferred by the petitioner-claimant, in which it is contended
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that the petitioner has sustained five injuries, out of which, four
injuries are simple and one is grievous in nature. He spent
Rs.50,000/- for medicines. The Tribunal has not granted any
amount for loss of future earning, conveyance, etc. and simply
granted the global compensation of Rs.15,000/-. It is
contended that the petitioner was under treatment for 6
months. He was aged 34 years at the time of accident and he
lost the earning capacity. Therefore, requested to set aside the
judgment of the Tribunal.
5. The petitioner-claimant sustained the following
injuries as per wound certificate-Exhibit P4.
"1) Laceration over left eye brow 4 x 1 cms
bleeding present.
2) Abrasion over left medial mellelous 1 x 1 cms
3) Laceration over right medial mallelous
1 x 1 x 0-5 cms.
4) Swelling over lower eye lid (right eye)
5) Swelling over upper eye lid of both eyes
6) X-ray taken and it reveals fracture of 1st left rib"
6. Injury Nos.1 to 4 are simple and injury No.5 is
grievous in nature. Petitioner did not examine the doctor or
filed any disability certificate. Therefore, considering the nature
of injuries, this Court finds it reasonable to grant an amount of
Rs.23,000/- for injuries as he sustained one fracture and four
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simple injuries. This Court also finds it reasonable to grant an
amount of Rs.10,000/- for pain and suffering, Rs.10,000/- for
loss of amenities, Rs.10,000/- for transportation, extra
nourishment attendant charges. The petitioner has stated that
he incurred Rs.50,000/- towards medical expenses, but he has
not filed any record. Considering the nature of the injuries, this
Court finds it reasonable to grant Rs.5,000/- for medical
expenses. The petitioner has stated that he was working in a
private company, earning Rs.8,000/- per month. But, the
nature of occupation is not mentioned and he did not adduce
any proof of income. Since, he met with an accident on
26.04.2011, as per the guidelines of the Karnataka State Legal
Services Authority, this Court finds it reasonable to take this
income as Rs.6,500/- per month. As his sustained injuries, he
might not have attended any work at least for a period of three
month, therefore the loss of income during laid up period
comes to Rs.19,500/- (Rs.6,500 x 3).
7. Thus, the total compensation comes to Rs.77,500/-
interest at the rate of 6% per annum as against Rs.15,000/-
awarded by the Tribunal.
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8. The award of compensation passed by the Tribunal is
modified as under:
Heads Amount in Rs.
1. Injuries 23,000/-
2. Pain and suffering 10,000/-
3. Attendant charges, extra food 10,000/-
and conveyance expenses
4. Medical Expenses 5,000/-
5. Loss of income during laid up 19,500/-
period
6. Loss of amenities 10,000/-
Total 77,500/-
9. In the result, the following order is passed:
(i) Appeal is allowed in part.
(ii) The claimant is entitled for the total compensation
of Rs.77,500/- with interest at 6% per annum from
the date of petition till realisation.
(iv) The Insurance company is directed to deposit the
aforesaid compensation amount within one month
from the date of this order.
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(v) On such deposit, the claimant is permitted to
withdraw entire amount along with interest accrued
on it.
Sd/-
(P SREE SUDHA)
JUDGE
CS
