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Karnataka High Court
Sri Ramabhovi vs The Deputy Director General Of Police on 7 April, 2026
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NC: 2026:KHC:19253
M.F.A. No.7524/2018
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.7524/2018 (MV-I)
BETWEEN:
SRI. RAMABHOVI
S/O LATE DASA BHOVI
AGED ABOUT 61 YEARS
R/AT II BLOCK, BEHIND POLICE STATION
SATHNUR VILLAGE AND HOBLI
KANAKAPURA TALUK
Digitally signed RAMANAGARA DISTRICT.
by ARSHIFA
BAHAR KHANAM ...APPELLANT
Location: HIGH
COURT OF (BY SRI. SHRIPAD V. SHASTRI, ADV.,)
KARNATAKA
AND:
1. THE DEPUTY DIRECTOR GENERAL OF POLICE
INTERNAL SECURITY DIVISION
NO.60, RICHMOND ROAD
BANGALORE - 25.
2. KARNATAKA GOVERNMENT INSURANCE
DEPARTMENT (KGID)
(MOTOR INSURANCE DEPARTMENT)
VISVESWARAIAH TOWER
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001.
...RESPONDENTS
(GA FOR R2
V/O/DTD:06.12.2022, NOTICE TO R1 IS D/W)
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NC: 2026:KHC:19253
M.F.A. No.7524/2018
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 13/04/2018, PASSED IN MVC
NO.2285/2017, ON THE FILE OF THE VII ADDITIONAL JUDGE &
XXXII ACMM., COURT OF SMALL CAUSES, BENGALURU (SCCH-
3), 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:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
This appeal by the injured claimant challenging the
judgment and award dated 13.04.2018 passed in
M.V.C.No.2285/2017 by the VII Additional Judge and XXXII
ACMM Court of Small Causes, Bangalore (SCCH-3) (for short,
'the Tribunal').
2. Sri.Shripad V. Shastri, learned counsel appearing
for the appellant-claimant submits that the Tribunal has
committed a grave error in assessing the income of the
claimant as well as the disability which would be contrary to the
oral and documentary evidence on record. It is submitted that
the claimant has suffered numerous fractures and was provided
treatment in two hospitals as an inpatient for a period of 7
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days. Considering the said aspect, the compensation on all
other heads is required to be enhanced appropriately.
3. There is no representation for the respondent No.2.
4. I have heard the arguments of the learned counsel
for the appellant and perused the material available on record.
5. The records indicate that the claimant Ramabhovi
met with a road accident on 01.12.2014 and he has sustained
the following fractures and injuries:
Fracture of both bones of left leg, fracture of shaft
and left humerus, fracture of 6th to 10th ribs of left
side chest, swelling, tenderness and deformity in the
left leg, swelling and tenderness and deformity in the
left arm, tenderness (O) left side chest and other
injuries.
6. In order to prove the disability, the claimant
examined himself as PW-1 and also examined PW-3, who has
assessed the disability to an extent of 25%. Considering the
nature of injuries and the treatment provided, the Tribunal has
rightly assessed the disability at 22% which does not call for
any interference. The Tribunal has assessed the income of the
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claimant at Rs.6,500/- p.m. Admittedly, the claimant has not
placed any evidence with regard to the income. Hence, his
income is notionally re-assessed at Rs.8,500/- p.m. placing
reliance on the chart prepared by the Karnataka State Legal
Services Authority. The claimant was an inpatient for a period
of 38 days in two different hospitals namely Sanjay Gandhi
Hospital, Bangalore as well as Jayadeva Hospital, Bangalore. A
perusal of the oral evidence of PW-3 and other medical
evidence on record his left leg, chest portion and sustained
tenderness, deformity on the left arm. Considering the
aforesaid aspects, I am of the considered view that the
compensation is required to be re-assessed appropriately and
accordingly, the same is re-assessed as under:
HEADS AMOUNT
(in Rs.)
Pain and suffering 60,000
Loss of amenities 50,000
Loss of earning due to disability
(8,500 x 12 x 9 x 22%) 2,01,960
Loss of income during laid up
period (8,500 x 3) 25,500
Medical expenses 30,400
Food, nourishment and attendant
charges 25,000
Future medical expenses 30,000
Total 4,22,860
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Thus, the appellant-claimant shall be entitled to a total
compensation of Rs.3,37,400/- as against Rs.1,92,300/-
awarded by the Tribunal.
7. 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
13.04.2018 passed by the Tribunal in
M.V.C.No.2285/2017 is modified to an extent that
the appellant-claimant would be entitled to total
compensation of Rs.4,22,860/- as against
Rs.3,37,400/-awarded by the Tribunal.
c) The enhanced 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 enhanced compensation amount with accrued
interest before the Tribunal within a period of eight
weeks from the date of receipt of the certified copy
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of this judgment. On such deposit, the same shall
be released in favour of the appellant-claimant.
e) The rest of the judgment and award of the Tribunal
with respect to apportionment, deposit and release
shall remain unaltered.
Draw the modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
RV List No.: 1 Sl No.: 21
