[Cites 0, Cited by 0]
Karnataka High Court
Ajaykumar. H. J vs Devaraju on 21 January, 2026
-1-
NC: 2026:KHC:3235
MFA No. 6514 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. 6514 OF 2024 (MV-I)
BETWEEN:
AJAYKUMAR H.J.
S/O. LATE JAYAKUMAR,
NOW AGED ABOUT 30 YEARS,
R/AT. SRIRANGANAHALLI, MANNE POST,
THYAMAGONDLU HOBLI,
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT.
...APPELLANT
(BY SRI. RANGEGOWDA N.R., ADVOCATE)
AND:
1. DEVARAJU
Digitally signed
by AGED MAJOR,
MARKONAHALLI R/AT NO.077, KALALGATTA,
RAMU PRIYA
Location: HIGH THYAMAGONDLU HOBLI,
COURT OF
KARNATAKA NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT.
2. ARUN KUMAR
AGED MAJOR,
R/AT. 2ND MAIN, 3RD CROSS,
HEMAVATHINAGAR,
HASSAN-573202
3. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
-2-
NC: 2026:KHC:3235
MFA No. 6514 of 2024
HC-KAR
6TH FLOOR, KRUSHI BHAVANA,
HUDSON CIRCLE, BENGALURU-560001
...RESPONDENTS
(BY SRI. JANARDHAN REDDY, ADVOCATE FOR RESPONDENT
NO.3;
VIDE ORDER DATED 21.01.2026, NOTICE TO RESPONDENT
NOS.1 AND 2 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.07.2024 PASSED IN MVC
NO.5751/2022 ON THE FILE OF THE CHIEF JUDGE, COURT OF
SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU SCCH-1
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 31.07.2024 passed by the Chief Judge, Court
of Small Causes and Member, Principal M.A.C.T.,
Bengaluru (henceforth referred to as 'Tribunal') in
M.V.C.No.5751/2022.
NC: 2026:KHC:3235
HC-KAR
3. The injured claimant, who is aged 28 years has
met with an accident on 27.07.2022 and filed a claim
petition claiming compensation of Rs.10,50,000/-. The
Tribunal after considering the facts and circumstances and
evidence on record, has awarded the compensation of
Rs.2,99,500/- along with interest at the rate of 6% per
annum.
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 three
days and he sustained injuries. The compensation awarded
by the Tribunal under the other heads is meager. Though
the Doctor has assessed the disability as 13% to the whole
body, the Tribunal has failed to consider the same and has
not awarded any compensation under the head 'loss of
future earning capacity due to disability'. Therefore, he
prays for enhancement of compensation.
NC: 2026:KHC:3235
HC-KAR
5. Learned counsel for respondent No.3 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
towards other heads.
6. In the present case, the claimant has stated
that he was doing coolie work and was earning an amount
of Rs.30,000/- per month. But he has not produced any
proof of income. The Tribunal has taken the income of the
claimant as Rs.15,000/- per month. As the accident had
occurred on 27.07.2022, the notional income of the
claimant has to be taken as Rs.15,500/- per month as per
the Chart prepared by the Karnataka State Legal Services
Authority. He was aged 28 years and the appropriate
multiplier is '17'.
7. The claimant filed wound certificate as Ex.P2
and discharge summary as Ex.P7. As per the wound
certificate, the appellant/claimant has suffered multiple
NC: 2026:KHC:3235
HC-KAR
abrasions over face with soft tissue injury and fracture and
dislocation of right tibial condyle with ACL and PCL injury.
8. The appellant/claimant has examined a Doctor
as PW.3. The Doctor-PW.3 has assessed the permanent
physical disability of 13% to the whole body. As PW.3 was
not the treated Doctor, the Tribunal has observed that the
injury suffered by the claimant is only ligament injury and
if physiotherapy is taken regularly, range of movements
and power will be improved and disability will be
decreased. The said reasoning of the Tribunal is
erroneous. As per the medical evidence, the claimant
sustained 13% disability. Therefore, the 'loss of future
earning capacity due to disability' is assessed as
Rs.15,500 x 12 x 17 x 13% = Rs.4,11,060/-.
9. The Tribunal has awarded an amount of
Rs.99,500/- towards medical expenses as per the
documents and the same is confirmed.
NC: 2026:KHC:3235
HC-KAR
10. The claimant was hospitalized for a period of
three 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).
11. 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 and
estimated the cost as Rs.60,000/-. Hence, this Court finds
it reasonable to award Rs.30,000/- under the head 'future
medical expenses'.
NC: 2026:KHC:3235
HC-KAR
12. 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 99,500
3. Loss of income during laid up 46,500
period
4. Loss of future earning 4,11,060
capacity due to disability
5. Loss of amenities 30,000
6. Transportation, Attendant, 30,000
food and nourishment
charges
7. Future Medical Expenses 30,000
Total 6,97,060
13. The Tribunal has awarded the compensation of
Rs.2,99,500/- but the appellant/claimant is entitled to
total compensation of Rs.6,97,060/-. Therefore, the
appellant/claimant is entitled to enhanced compensation of
Rs.3,97,560/- (Rs.6,97,060 - Rs.2,99,500).
14. Accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed-in-part.
NC: 2026:KHC:3235
HC-KAR
ii. The judgment and award dated 31.07.2024
passed by the Chief Judge, Court of Small
Causes and Member, Principal M.A.C.T.,
Bengaluru in M.V.C.No.5751/2022 is hereby
modified holding that the claimant is entitled
for enhanced compensation of Rs.3,97,560/-
along with interest at the rate of 6% per
annum.
iii. Respondent No.3 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.: 7
