[Cites 1, Cited by 0]
Karnataka High Court
Sri Manjunatha M Nayak vs Sri T S Ravi Kumar on 7 April, 2026
-1-
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M.F.A. No.5368/2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.5368/2018 (MV-I)
BETWEEN:
SRI. MANJUNATHA M. NAYAK
S/O LATE MANI NAYAK
AGED ABOUT 47 YEARS
R/O RAGHAVENDRA NILAYA
NEAR JAYARANI HEALTH CENTRE
Digitally signed TALLUR POST
by ARSHIFA KUNDAPURA TALUK-576 217.
BAHAR KHANAM
...APPELLANT
Location: HIGH
COURT OF (BY SRI. HAREESH BHANDARY T, ADV.,)
KARNATAKA
AND:
1. SRI. T.S. RAVI KUMAR
S/O SHIVAMURTHY
AGED ABOUT 27 YEARS
R/AT MUNDAGODU ROAD
RAVINDRA NAGAR
YALLAPUR TALUK
KARWAR DISTRICT-581 003.
2. JAGADISH SHANKAR POOJARY
S/O SHANKARA POOJARY
AGED ABOUT 34 YEARS
R/AT NUTHAN NAGAR
YALLAPUR TALUK
KARWAR DISTRICT-581 003.
3. THE BRANCH MANAGER
THE UNITED INDIA INSURANCE CO.LTD.,
-2-
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M.F.A. No.5368/2018
HC-KAR
BRANCH MOODI COMPLEX
HOSPET ROAD, SIRSI POST
U.K DISTRICT-574 201.
...RESPONDENTS
(BY SRI. RAVISH BENNI, ADV., FOR R3
SRI. CHANDRAKANT MARATHA, ADV., FOR R1 & R2)
---
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 04.06.2018, PASSED IN MVC
NO.1223/2016, ON THE FILE OF THE ADDITIONAL DISTRICT &
SESSIONS JUDGE AND ADDITIONAL MACT, UDUPI (SITTING AT
KUNDAPURA), KUNDAPURA, 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 MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
This appeal is filed by the injured claimant
challenging the judgment and award dated 04.06.2018
passed in M.V.C.No.1223/2016 by the Additional District
and Sessions Judge and Additional Motor Accident Claims
Tribunal, Udupi (sitting at Kundapura) (for short, 'the
Tribunal').
2. Sri.Hareesh Bhandary T., learned counsel for
the appellant submits that the Tribunal has committed an
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error in awarding a meagre compensation under the heads
of pain and suffering, loss of amenities and attendant
charges and it has also not awarded any compensation
under the head of loss of future income due to disability
on the ground that the claimant continued in his
employment. It is submitted that the claimant filed an
application for production of additional documents to
indicate that the claimant has undergone surgery to
remove the implants and has incurred expenses of
Rs.35,526/-. Hence, he seeks to allow the appeal by
considering the application for production of additional
documents.
3. Sri.Ravish Benni, learned counsel for the
respondent No.3 opposed the appeal and submitted that
the evidence on record indicates that the claimant
continued in his employment after the accident. Hence,
the Tribunal has rightly disallowed the claim for
compensation under the head of loss of future income due
to disability. It is submitted that the Tribunal, taking note
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of the three injuries suffered by the claimant, awarded a
just compensation. It is further submitted that the
appellant has now produced certain documents and the
same cannot be accepted on its face value in the absence
of any cross-examination by the Insurance Company.
Hence, he seeks to dismiss the appeal.
4. I have heard the arguments of the learned
counsel for the appellant, learned counsel for the
respondent No.2 and meticulously perused the material
available on record.
5. It is not in dispute that the claimant met with a
road accident on 04.10.2016 and sustained the following
injuries:
(1) Right knee is deformed/painful
abnormal at distal 1/3 at knee joint.
(2) Laceration distal-exposing fracture,
bone loss
(3) Abrasion right great toe
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6. PW-3, taking note of the treatment provided to
the claimant, assessed the disability at 30% in respect of
the right leg. The Tribunal, considering the oral and
documentary evidence, disallowed the claim of
compensation under the head of loss of future earning due
to disability on the ground that the claimant has continued
to work as a Physical Education Trainer at the Government
High School, Uppinakudru. I do not find any error in the
aforesaid finding.
7. It is to be noticed that the claimant was an
inpatient for a period of 8 days and sustained 3 injuries
and fractures. Taking note of the same, I am of the view
that the compensation under the heads of pain and
suffering, loss of amenities and other miscellaneous heads
is required to be enhanced appropriately. Instead of
enhancing a meagre amount on the above said heads,
ends of justice would be met if an additional compensation
of Rs.40,000/- is awarded on the aforesaid heads.
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8. It is to be noticed that the appellant filed an
application under Order XLI Rule 27 of the Code of Civil
Procedure, 1908, for production of additional documents
i.e. medical bills and discharge summary of Chinmayi
Hospital. A perusal of the discharge summary indicates
that the appellant was admitted in the hospital again on
10.09.2019 and discharged on 12.09.2019 for the purpose
of removal of implants which were inserted at the time of
surgery. The evidence on record indicates that the
appellant has undergone surgery and implants were
inserted and those implants were removed on 10.09.2019.
The bills annexed to the application also corroborates with
the discharge summary. Taking note of the averments
made in the affidavit accompanying the application and
considering the bills produced, I am of the view that the
actual amount incurred by the appellant is required to be
reimbursed. Hence, the appellant would be entitled to
Rs.35,526/- as claimed in the application. In total, the
appellant would be entitled to the compensation of
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Rs.75,526/- in addition to what is awarded by the
Tribunal.
9. In the result, this Court proceeds to pass the
following:
ORDER
a) The appeal is allowed in part.
b) The impugned judgment and award dated
04.06.2018 passed by the Tribunal in
M.V.C.No.1223/2016 is modified to an extent
that the appellant-claimant would be entitled
to the compensation of Rs.75,526/- in
addition to the compensation awarded by the
Tribunal.
c) The additional compensation shall carry
interest at the rate of 6% p.a. from the date
of petition till realisation.
d) The respondent-Insurance Company shall
deposit the additional compensation amount
with accrued interest before the Tribunal
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within a period of six weeks from the date of
receipt of the certified copy of this judgment.
On such deposit, the same shall be released in
favour of the appellant.
Draw the modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
RV
List No.: 1 Sl No.: 19
