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Karnataka High Court
Sri Maheshkumar P vs Sri Shivanna R on 16 February, 2026
-1-
NC: 2026:KHC:9289
MFA No. 5490 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCELLANEOUS FIRST APPEAL NO. 5490 OF 2017 (MV-I)
BETWEEN:
SRI. MAHESHKUMAR P.,
S/O LATE PAPE GOWDA,
AGED ABOUT 38 YEARS,
R/AT GOPALAPURA VILLAGE AND POST,
JAYAPURA HOBLI,
MYSURU TALUK & DISTRICT-570 024.
PRESENTLY STAYING AT:
NO.2726, 2ND CROSS,
UTTURAMMA NILAYA,
K.G. KOPPALU,
MYSURU - 570 026.
...APPELLANT
(BY SRI. DHEERAJ, ADVOCATE FOR
SRI. SHIVARAMA BHAT O., ADVOCATE)
Digitally
Signed by
AND:
REKHA R
Location :
High Court 1. SRI. SHIVANNA R.,
of Karnataka AGED ABOUT 55 YEARS,
S/O LATE RAMACHAR,
NO.26/2, SEWAGE FORM ROAD,
VIDYARANYAPURAM,
MYSURU - 570 148.
2. THE MANAGING DIRECTOR
K.S.R.T.C.,
BENGALURU - 560 027.
...RESPONDENTS
(BY SRI. B.P. RADHA , ADVOCATE FOR R2;
-2-
NC: 2026:KHC:9289
MFA No. 5490 of 2017
HC-KAR
VIDE ORDER DATED 04.04.2024
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
1988, AGAINST THE JUDGMENT AND AWARD
DATED:13.03.2017 PASSED IN MVC NO.302/2015 ON THE
FILE OF THE JUDGE, PRINCIPAL SMALL CAUSES MACT,
MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
This appeal is by the claimant seeking for
enhancement of compensation arising out of judgment and
award dated 13.03.2017 in MVC No.302/2015 passed by
the Principal Small Causes and Motor Accident Claims
Tribunal at Mysuru ('Tribunal' for short).
2. The parties are referred to as per their ranking
before the Tribunal.
NC: 2026:KHC:9289
HC-KAR
3. The date of accident, involvement of the
vehicle, injuries suffered and the liability to pay
compensation are not in dispute. The only dispute is with
respect to the quantum of compensation.
4. Heard Sri.Dheeraj, learned counsel for
Sri.Shivarama Bhat.O, learned counsel appearing for the
appellant and Madam B.P.Radha, learned counsel
appearing for respondent No.2. Vide order dated
04.04.2024, notice of this appeal to respondent No.1 is
dispensed with.
5. In an accident occurred on 18.11.2014, the
claimant-appellant suffered the following injuries:
"(1) Right eye swelling and laceration over right fact
CT Scan.
(2) Sub archnoid hemorrhage, petechial hemorrhage
suggestive of diffuse axonal injury, fracture of
right zygomatic bone.
(3) Abrasion over front of chest 'ultrasound scan',
laceration of liver and CT Scan chest. Contusion
of bilateral lower lobes.
(4) MRI Spine, fracture of right transverse process of
C7
(5) Laceration over right leg."
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HC-KAR
6. As per the evidence of doctor, the claimant was
an inpatient for a period of 28 days and underwent surgery
for ORIF-Right Zygoma/Maxilla and Arch Bar Fixation by
Plastic Surgery team Tracheotomy on 20.11.2014. As per
the doctor, the claimant-appellant suffered visual
impairment of 20% and loss of smell and taste at 20% and
residual Right sided weakness at 25%. Total body disability
comes to 22%.
7. The Tribunal after going through the entire
evidence placed before it was of the opinion that though
the disability has been stated at 22%, considered the same
at 7%. However, noting the fact that the claimant
continued in service and is earning more than he was
earning at the time of accident, not awarded any
compensation under the head 'Future loss of income due to
injuries'. However, considering the entire case and injuries
sustained, awarded a sum of Rs.4,81,000/- under various
heads, along with interest at the rate of 6% per annum.
NC: 2026:KHC:9289
HC-KAR
8. Having gone through the entire materials
placed on record, coupled with medical evidence and
disability suffered, this Court is of the opinion that the
compensation awarded under all the heads, except medical
expenses are sparse and the same requires
reconsideration.
9. Though, the learned counsel appearing for
respondent No.2 opposes any enhancement on the premise
that the Tribunal has considered entire case and awarded
appropriate compensation, but the fact remains that the
injury has resulted in disability causing impairment with
visual, loss of smell and taste as well as right sided
weakness. Considering these aspects of the matter, the
compensation awarded under each head, except medical
expenses, requires enhancement.
10. Accordingly, this Court proceeds to reassess the
compensation awarded by the Tribunal as under:
NC: 2026:KHC:9289
HC-KAR
Sl. Heads Compensation By this Court
No. awarded by In Rs.
the Tribunal
In Rs.
1. Loss of earning during 30,000-00 90,000-00
the laid up period
(30,000 X 3=90,000)
2. Medical expenses 2,71,000-00 2,71,000-00
3. Food and Nourishment 50,000-00 75,000-00
expenses, conveyance
and attendant charges
4. Pain, injuries and 30,000-00 1,00,000-00
sufferings
5. Loss of amenities of life 1,00,000-00 2,00,000-00
TOTAL 4,81,000-00 7,36,000-00
11. On re-assessment, the claimant is entitled for
re-assessed compensation of Rs.7,36,000/- as against
Rs.4,81,000/- awarded by the Tribunal. Accordingly, there
shall be enhancement of Rs.2,55,000/-, which shall carry
interest at the rate of 6% per annum from the date of
petition till realization.
12. For the foregoing reasons, this Court proceeds
to pass the following:
ORDER
i) The appeal is allowed-in-part;
ii) The judgment and award dated 13.03.2017
in MVC No.302/2015 passed by the
NC: 2026:KHC:9289
HC-KAR
Principal Small Causes and MACT, Mysuru,
is modified and further enhanced to
Rs.2,55,000/-;
iii) Respondent No.2 shall deposit the entire
enhanced compensation amount of
Rs.2,55,000/- along with interest at the
rate of 6% per annum from the date of
petition till realization within six weeks
from the date of receipt of a copy of this
order.
iv) Upon deposit, entire compensation amount
shall be released in favour of the claimant
on proper identification.
v) The trial Court record shall be transmitted
forthwith to the concerned Tribunal without
causing any delay.
Sd/-
(T.M.NADAF)
JUDGE
RR
List No.: 1 Sl No.: 5
ct-vn
