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Karnataka High Court
Shivalingaiah vs K Manjunath on 21 January, 2026
-1-
NC: 2026:KHC:3241
MFA No. 1831 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 1831 OF 2025 (MV-I)
BETWEEN:
SHIVALINGAIAH
S/O. MUNIYAPPA,
AGED ABOUT 52 YEARS,
MADIHALLI PALYA,
TURUVEKERE, TUMKURU,
KARNATAKA-572 227
...APPELLANT
(BY SRI. RANGEGOWDA N.R., ADVOCATE)
AND:
1. K. MANJUNATH
S/O. KASHIRAJA,
R/AT. NO.19, KACHIHALLI,
MUTTUGADAHALLI,
TURUVEKERE TQ.,
Digitally signed
by TUMKURU-572 221
MARKONAHALLI
RAMU PRIYA
Location: HIGH 2. CHOLAMANDALAM MS GENERAL
COURT OF
KARNATAKA INSURANCE CO. LTD.,
REP. BY ITS MANAGER,
R/AT. UNIT NO.4, 9TH FLOOR, LEVEL-06,
GOLDEN HEIGHTS COMPLEX,
59TH C CROSS ROAD,
4TH M BLOCK, INDUSTRIAL SUB-URB,
RAJAJINAGAR, BANGALORE,
KARNATAKA-560 010
3. NARASIMHAMURTHY
AGED MAJOR
R/AT. PALPALDINNE, LAGHUMANEHALLI,
SRI SUBRAMANYAGHATI,
-2-
NC: 2026:KHC:3241
MFA No. 1831 of 2025
HC-KAR
DODDABALLAPURA,
BANGALORE RURAL -561203
...RESPONDENTS
(BY SRI. B. PRADEEP, ADVOCATE FOR RESPONDENT NO.2;
VIDE ORDER DATED 21.01.2026, NOTICE TO RESPONDENT NO.1 IS
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 30.11.2024 PASSED
IN MVC NO.1136/2023 ON THE FILE OF THE CHIEF JUDGE, COURT
OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, 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 30.11.2024 passed by the Chief Judge, Court
of Small Causes and Member, Principal Motor Accident
Claims Tribunal, Bengaluru (henceforth referred to as
'Tribunal') in M.V.C.No.1136/2023.
NC: 2026:KHC:3241
HC-KAR
3. The injured claimant, aged 50 years met with
an accident on 20.09.2022 and filed a claim petition
claiming compensation of Rs.15,00,000/-. The Tribunal
after considering the facts and circumstances and evidence
on record, has awarded the compensation of
Rs.5,02,500/- along with interest at the rate of 6% per
annum from the date of petition till realization.
4. Aggrieved by the said judgment and award of
the Tribunal, the claimant has preferred this appeal
contending that he was hospitalized for a period of 14
days and he sustained grievous injuries. The Doctor-PW.3
has assessed the disability as 45% to the left lower limb
and 15% to the whole body, but no amount is granted
under the head 'loss of future earning capacity due to
disability' and also no amount is granted for 'future
medical expenses'. The compensation awarded under the
other heads is meager. Therefore, he prays for
enhancement of compensation.
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5. The learned counsel for respondent No.2
contended that though the Tribunal has not awarded
compensation under the head 'loss of future earning
capacity due to disability', but has awarded excessive
compensation under other heads.
6. In the present case, the claimant has stated
that he was doing coolie work and was earning an amount
of Rs.25,000/- per month. But he has not filed any proof
of income. As the accident had occurred on 20.09.2022,
the Tribunal has rightly taken the notional income of the
claimant as Rs.15,500/- per month as per the Chart
prepared by the Karnataka State Legal Services Authority.
He was aged 50 years and the multiplier is taken as '13'.
7. As per Ex.P.8/wound certificate, the
appellant/claimant has sustained compound fracture of
both bones of leg. The appellant/claimant has examined a
Doctor as PW.3. The Doctor-PW.3 has assessed the
permanent physical disability of 45% to the left lower limb
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HC-KAR
and 15% to the whole body. The Tribunal observed that
the fractures are united and the claimant never suffered
fracture at the knee joint or ankle joint and accordingly
not granted any amount under the head of 'loss of future
earning capacity due to disability'. The said observation of
the Tribunal is erroneous. Considering the nature of
injuries and medical evidence, this Court finds it
reasonable to take the disability as 15%. Therefore, the
'loss of future earning capacity due to disability' is
assessed as Rs.15,500 x 12 x 13 x 15% = Rs.3,62,700/-.
8. The Tribunal has awarded an amount of
Rs.2,64,500/- towards medical expenses as per the
documents and the same is confirmed.
9. The claimant was hospitalized for a period of
fourteen days. Considering the nature of injuries sustained
and period of hospitalization, this Court finds that the
claimant might not have attended any other work at least
for a period of four months. Therefore, for four months,
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HC-KAR
the compensation under the head of 'loss of income during
laid up period' comes to Rs.62,000/- (Rs.15,500 x 4
months).
10. Further, this Court finds it reasonable to award
Rs.50,000/- under the head 'Pain and suffering',
Rs.30,000/- under the head 'Loss of amenities' and
Rs.30,000/- under the head 'Transportation, food,
nourishment and attendant charges'. Further, PW.3-Doctor
stated that the claimant requires another surgery for
removal of implants and this Court finds it reasonable to
award Rs.25,000/- under the head 'future medical
expenses'.
11. Thus, in all, the claimant is entitled for the
following compensation:
SL.NO. PARTICULARS AMOUNT
(IN.RS.)
1. Pain and suffering 50,000
2. Medical Expenses 2,64,500
3. Loss of income during laid up 62,000
period
4. Loss of future earning 3,62,700
capacity due to disability
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HC-KAR
5. Loss of amenities 30,000
6. Transportation, Attendant, 30,000
food and nourishment
charges
7. Future Medical Expenses 25,000
Total 8,24,200
12. The Tribunal has awarded the compensation of
Rs.5,02,500/- but the appellant/claimant is entitled to
total compensation of Rs.8,24,200/-. Therefore, the
appellant/claimant is entitled to enhanced compensation of
Rs.3,21,700/- (Rs.8,24,200- Rs.5,02,500).
13. Accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed-in-part.
ii. The judgment and award dated 30.11.2024
passed by the Chief Judge, Court of Small Causes
and Member, Principal Motor Accident Claims
Tribunal, Bengaluru, in M.V.C.No.1136/2023 is
hereby modified holding that the claimant is
entitled for enhanced compensation of
Rs.3,21,700/- along with interest at the rate of
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6% per annum from the date of claim petition till
realization.
iii. Respondent No.2 is directed to deposit the
compensation amount along with interest at the
rate of 6% per annum, before the Tribunal, within
a period of one month from the date of this
judgment.
iv. On such deposit, the claimant is permitted to
withdraw the entire amount along with interest
accrued on it.
v. Draw award accordingly.
Sd/-
(P SREE SUDHA)
JUDGE
PMR
List No.: 1 Sl No.: 15
