Karnataka High Court
Mr Tharanath vs Abdul Majeed on 24 September, 2025
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NC: 2025:KHC:38500
MFA No. 8747 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO.8747 OF 2018(MV-I)
BETWEEN:
MR THARANATH
S/O. MADAVA DEVADIGA,
AGED 33 YEARS,
R/AT SHRIRAM NIVAS,
KARINGANA VILLAGE AND POST,
BANTWAL TALUK,
D.K DISTRICT - 574 219
...APPELLANT
(BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE)
AND:
1. ABDUL MAJEED
S/O. U H IBRAHIM,
Digitally signed by AGED ABOUT 46 YEARS,
LAKSHMINARAYANA
MURTHY RAJASHRI R/AT NO. DOOR NO. 23-8-500,
Location: HIGH MISSION COMPOUND,
COURT OF NEAR KANTHI CHURCH,
KARNATAKA
ATTAVAR, MANGALURU,
D.K. DISTRICT - 575 003
2. THE NEW INDIA ASSURANCE CO. LTD.,
OFFICE AT: 1ST FLOOR,
CENTENARY BUILDING,
G.H.S. ROAD, MANGALURU,
D.K. - 575 001
REP. BY ITS BRANCH MANAGER
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MFA No. 8747 of 2018
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3. MR. K. RAJESH BHAKTHA
S/O. LATE. GANESH BHAKTHA,
AGED ABOUT 36 YEARS,
R/AT DOOR NO. 2-121,
SHREE MAHALASA GURUNAGARA,
MANGALORE,
D.K. DISTRICT - 575 007
4. IFFCO TOKIO GAENERAL INSURANCE CO. LTD.,
OFFICE AT: 1ST FLOOR,
SHASHIKIRAN BUILDING,
SHANKARAMUTTA ROAD,
MYSORE - 570 024
REP. BY ITS BRANCH MANAGER
...RESPONDENTS
(BY SRI. A. R. LAKSHMINARAYANA, ADVOCATE FOR R2;
R1 - SERVED;
V/O DATED 03.09.2024 NOTICE TO R3 & R4 D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.05.2018 PASSED IN MVC
NO.26/2014 ON THE FILE OF THE 3RD ADDITIONAL SENIOR
CIVIL JUDGE, MACT, MANGALURU D.K, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:38500
MFA No. 8747 of 2018
HC-KAR
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. Heard arguments of learned counsel appearing
for the parties.
2. This appeal is filed against the award passed by
the Tribunal in MVC No. 26/2014 dated 29.05.2018.
3. Injured claimant filed claim application claiming
compensation of Rs.20,00,000/-. The Tribunal, considering
the entire evidence on record, granted compensation of
Rs.6,24,945/- with interest at the rate of 6% p.a.
Aggrieved by the said order, this appeal is preferred.
4. Learned counsel for appellant contended that
petitioner sustained 5 grievous injuries and was
hospitalized for 29 days. The Tribunal granted meager
amount as compensation. Petitioner examined P.W.2 and
he assessed disability as 55% to the left upper limb.
Petitioner was aged 29 years working as Salesman in
Cauvery Gas Agency, Bunder, Mangaluru and was earning
a sum of Rs.16,000/- per month. The Tribunal has
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considered his income as Rs.9,000/- per month and
multiplier is taken as 16 instead of 17. Learned counsel
also requested for enhancing the compensation granted
under the head `loss of income during laid up period'. He
further submitted that rate of interest granted by the
Tribunal is on the right side.
5. Though petitioner stated that he was earning
Rs.16,000/- per month, he has not produced any proof of
income. The accident occurred on 29.07.2013 and as per
the guidelines of the Karnataka State Legal Services
Authority this Court finds it reasonable to take the monthly
income of the petitioner at Rs.8,000/- and 40% is to be
added towards future prospects.
8000 + 40% = 11200
6. Petitioner was aged 29 years and the multiplier
applicable in the instant case is 17.
7. As per the wound certificate petitioner
sustained the following injuries:
2 complainant CLW PVM Lt Forehead
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Degleving injury left upper limb extending from mid
arm to distal forearm
Dislocation of left elbow and soft tissue loss
Left upper limb distal pulse not felt - no finger
movement
BP 90/60 left elbow chip # of radial head in the X
Ray
Would decridement - wire fixation Lt elbow done
8. Petitioner was admitted to the hospital for 29
days. P.W.2 assessed the disability as 55% to the left
upper limb. The Tribunal has taken 1/3rd of the same as
18%. Ex.P.7 and Ex.P.9 are discharge summaries and
Ex.P.10 is disability certificate. Learned counsel for
appellant relied upon the discharge summaries and stated
that in fact amputation was suggested to the petitioner
and as he was unwilling it was not done to him.
9. In the discharge summary it was observed:
"movement of the hand could not be
assessed due to pain, left elbow dislocated with
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chip and fracture of left radial and crush injury
Left UL."
"The patient and patient party were
explained in detail the necessity of an
amputation, however, since they were unwilling
for the same, a flap reconstruction surgery was
performed. It has been explained in detail that
the flap reconstruction is meant only as a soft
tissue cover and not to improve the hand
function."
10. Considering the nature of injury, period of
hospitalization and also the disability assessed by the
Doctor, this Court finds it reasonable to assess the
disability at 25% instead of 18%. Therefore, loss of future
income comes to
11200 X 12 X 17 X 25% = 571200
11. The amount of compensation granted by the
Tribunal under the head `pain and suffering' is enhanced
from Rs.30,000/- to Rs.50,000/- and the amount of
compensation granted under the head `loss of amenities'
is enhanced from Rs.20,000/- to Rs.30,000/- and the
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amount of compensation granted under the head
attendant charges, extra nourishment and transportation
is enhanced from Rs.12,600/- to Rs.40,000/-.
12. Amount granted by the Tribunal under the head
`loss of income during the laid up period' is Rs.27,000/-.
Petitioner might not have attended the office for 4 months
and therefore, loss of income during the laid up period is :
8000 X 4 = 32000
13. In view of the above, total compensation
payable would be:
a) Pain and suffering - Rs. 50,000.00
b) Attendant charges, food and
extra nourishment and - Rs. 40,000.00
conveyance etc.
c) Medical expenses - Rs.2,24,305.00
d) Loss of future income due to
disability - Rs.5,71,200.00
e) Loss of income during laid
up period - Rs. 32,000.00
f) Loss of amenity - Rs. 30,000.00
-----------------
TOTAL - Rs.9,47,505.00
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14. Respondent No. 2 is directed to deposit a sum
of Rs.9,47,505/- with interest at the rate of 6% p.a. within
1 month from today. On such deposit, petitioner is
permitted to withdraw the entire amount with interest
accrued on it.
Sd/-
(P SREE SUDHA)
JUDGE
LRS
