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Karnataka High Court
Sri Gangaraju C N vs Sri Venugopal B R on 21 January, 2026
-1-
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MFA No. 5117 of 2024
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. 5117 OF 2024 (MV-I)
BETWEEN:
SRI. GANGARAJU C.N.
S/O NARASIMHAPPA,
AGED ABOUT 31 YEARS,
R/AT NO.435, 11TH CROSS,
EDIYURAPPA NAGARA,
SINGANAYAKANAHALLI,
YALAHANKA, BENGALURU.
PERMANENT ADDRESS:
CHIKKA DALAVATTA V AND POST,
ID HALLI HOBLI,
MADHUGIRI TALUK,
TUMKUR DISTRICT-572127.
...APPELLANT
(BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE)
Digitally signed
by AND:
MARKONAHALLI
RAMU PRIYA
Location: HIGH 1. SRI. VENUGOPAL B.R.
COURT OF
KARNATAKA S/O SRI. RAJANNACHAR,
MAJOR,
R/AT VILLA NO.310, 4TH MAIN,
RASHI SPLENDOUR,
OPP. N.S. CONVENTION HALL,
DODDABALLAPUR-561 203.
2. THE MANAGER,
CHOLA MS GEN. INS. CO., LTD.,
UNIT NO.4, 9TH FLOOR, LEVEL-6,
GOLDEN HEIGHTS COMPLEX,
59TH C CROSS, 4TH M BLOCK,
-2-
NC: 2026:KHC:3236
MFA No. 5117 of 2024
HC-KAR
INDUSTRIAL SUBURB, RAJAJINAGAR,
BENGALURU- 560010.
...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 06.04.2024 PASSED
IN MVC NO. 620/2023 ON THE FILE OF THE MEMBER, MACT, XVI
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY,
(SCCH-14), 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 06.04.2024 passed by the Member, MACT,
XVI Additional Judge, Court of Small Causes, Bengaluru
(henceforth referred to as 'Tribunal') in
M.V.C.No.620/2023.
3. The injured claimant, who is aged 30 years has
met with an accident on 26.12.2022 and filed a claim
petition claiming compensation of Rs.15,00,000/-. The
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Tribunal after considering the facts and circumstances and
evidence on record, has awarded the compensation of
Rs.5,88,000/- along with interest at the rate of 6% per
annum from the date of petition till the date of depositing
the award amount.
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 eight
days and he sustained grievous injuries. The compensation
awarded under the other heads is meager. The Doctor has
assessed the disability as 28% to the left upper limb and
14% to the whole body. Therefore, he prays for
enhancement of compensation.
5. 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 26.12.2022,
the Tribunal has rightly taken the notional income of the
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claimant as Rs.15,500/- per month as per the Chart
prepared by the Karnataka State Legal Services Authority.
He was aged 30 years and the multiplier is taken as '17'.
6. The appellant/claimant has sustained the
following injuries as per Ex.P8, which were grievous in
nature:
i) Left femur shaft fracture.
ii) Multiple lacerations over right side of neck,
right side of face, left hand, right temporal
region of head, right ear bleed and
abrasions over left knee.
7. The appellant/claimant has examined a Doctor
as PW.3. The Doctor-PW.3 has assessed the permanent
physical disability of 28% to the left upper limb and 14%
to the whole body. The Tribunal has taken the disability at
8% but 1/3rd of 28% comes to 9% disability. Considering
the age and occupation of the claimant, this Court finds it
reasonable to take the disability as 10%. Therefore, the
'loss of future earning capacity due to disability' is
assessed as Rs.15,500 x 12 x 17 x 10% = Rs.3,16,200/-.
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8. The Tribunal has awarded an amount of
Rs.2,34,000/- towards medical expenses as per the
documents and the same is confirmed.
9. The claimant was hospitalized for a period of
eight 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 three months. Therefore, for three months,
the compensation under the head of 'loss of income during
laid up period' comes to Rs.46,500/- (Rs.15,500 x 3
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, PW3-Doctor
stated that the claimant requires another surgery for
removal of implants and this Court finds it reasonable to
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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 2,34,000
3. Loss of income during laid up 46,500
period
4. Loss of future earning 3,16,200
capacity due to disability
5. Loss of amenities 30,000
6. Transportation, Attendant, 30,000
food and nourishment
charges
7. Future Medical Expenses 25,000
Total 7,31,700
12. The Tribunal has awarded the compensation of
Rs.5,88,000/- but the appellant/claimant is entitled to
total compensation of Rs.7,31,700/-. Therefore, the
appellant/claimant is entitled to enhanced compensation of
Rs.1,43,700/- (Rs.7,31,700 - Rs.5,88,000).
13. Accordingly, I proceed to pass the following:
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HC-KAR
ORDER
i. The appeal is allowed-in-part.
ii. The judgment and award dated 06.04.2024
passed by the Member, MACT, XVI Additional
Judge, Court of Small Causes, Bengaluru in
M.V.C.No.620/2023 is hereby modified holding
that the claimant is entitled for enhanced
compensation of Rs.1,43,700/- along with
interest at the rate of 6% per annum from the
date of claim petition till the date of deposit.
iii. Respondent No.2 is directed to deposit the
compensation amount along with interest at the
rate of 6% per annum from the date of claim
petition till the date of deposit, 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.: 6
