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Karnataka High Court
Sri Praveen Kumar D vs Rathnamma S on 5 January, 2026
-1-
NC: 2026:KHC:198
MFA No. 4774 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 4774 OF 2024 (MV-I)
BETWEEN:
SRI. PRAVEEN KUMAR D
S/O RAJEGOWDA
AGED ABOUT 43 YEARS
R/AT DODDA KUBBAHALLI
RAMANAGARA - 562 119.
...APPELLANT
(BY SRI. ANANDA K.S, ADVOCATE)
AND:
RATHNAMMA S
D/O SHIVALINGAIAH
R/AT KUNTHIKALDODDI
V GANALU, B.O. GANALU
P. KANAKAPURA
RAMANAGARA - 562 117.
Digitally signed ...RESPONDENT
by
SHARADAVANI (RESPONDENT SERVED)
B
Location: High THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
Court of JUDGMENT AND AWARD DATED 01.12.2023 PASSED IN MVC
Karnataka
NO. 4756/2022 ON THE FILE OF THE MEMBER, MACT, XVIII
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU
CITY (SCCH-4), 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 MRS. JUSTICE P SREE SUDHA
-2-
NC: 2026:KHC:198
MFA No. 4774 of 2024
HC-KAR
ORAL JUDGMENT
Heard the arguments of learned counsel for the
appellant. In spite of service of notice, the respondent did
not turn up. Hence, placed exparte.
2. This appeal is filed by the appellant/claimant
against the judgment and award passed in MVC
No.4756/2022 dated 01.12.2023 by the Court of the XVIII
Addl. Judge, Court of Small Causes, Bengaluru.
3. The injured claimant, who is aged about 41
years, has met with an accident on 24.07.2022 and filed
the claim petition, seeking compensation. The Tribunal
after considering the facts and circumstances and evidence
on record, has awarded compensation of Rs.7,38,535 /-
with interest at the rate of 6 % per annum from the date
of petition till the date of realization.
4. Being aggrieved by the said judgment and
award, the appellant has preferred the present appeal.
NC: 2026:KHC:198
HC-KAR
5. In the present case, the claimant was aged
about 41 years at the time of accident, working in Hallow
Bricks Factory and was earning a sum of Rs.50,000 /- per
month. But, the claimant has not produced any proof for
his income. Therefore, the Tribunal has rightly taken the
notional income at Rs.15,500/- per month. The medical
records reveals that the claimant has sustained left
fracture dislocation of posterior lateral end of distal tibia
with fracture of distal fibula with syndesmotic rupture,
which are grievous in nature. He took treatment as an in-
patient for 3 days. PW3-doctor has stated that the
appellant/claimant has suffered 44% of disability to the
right lower limb and 16% disability to the whole body. The
Tribunal has rightly considered the disability and it needs
no interference. The claimant has hospitalized for three
days and he has incurred a sum of Rs.1,45,935/- towards
medical expenses and the Tribunal has granted
compensation under the head of 'loss of income during laid
up period' only for two months. As the claimant has
NC: 2026:KHC:198
HC-KAR
sustained grievous injuries, this Court finds that he might
not have attended any other work at least for a period of
four months. Therefore, for four months, the 'loss of
income during laid up period' comes to Rs.15,500 x 4
months = Rs.62,000/-. Further, a sum of Rs.25,000/-
is awarded under the head 'loss of amenities'. This Court
finds no reason to interfere with the other amounts
granted by the Tribunal.
6. Thus, in all, the claimant is entitled for the
following compensation :
SL.NO. PARTICULARS AMOUNT
(IN.RS.)
1. Loss of future income 4,16,640.00
2. Loss of income during laid up 62,000.00
period
3. Conveyance charges 15,000.00
4. Pain and suffering 80,000.00
5. Food, nourishment and 50,000.00
attendant charges
6. Loss of amenities 25,000.00
7. Medical bills 1,45,935.00
Total 7,94,575.00
NC: 2026:KHC:198
HC-KAR
7. The Tribunal has awarded the compensation of
Rs.7,38,535/- but the appellant/claimant is entitled to
total compensation of Rs.7,94,575/-. Therefore, the
appellant/claimant is entitled to enhanced compensation of
Rs.56,040/- (Rs.7,94,575 - Rs.7,38,535) along with
interest @ 6% p.a., in addition to what has been awarded
by the Tribunal.
8. Accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed-in-part.
ii. The judgment and award passed by the Tribunal in
M.V.C. No.4756/2022 dated 01.12.2023 by the XVIII
Additional Judge, Court of Small Causes, Bengaluru is
hereby modified holding that the claimant is entitled
for enhanced compensation of Rs.56,040/- along
with interest @ 6% p.a.
iii. Respondent is directed to deposit the compensation
amount along with interest at the rate of 6% p.a.,
within a period of one month from today.
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HC-KAR
iv. The appellant/claimant is not entitled for interest for
the delayed period of 120 days in filing the appeal.
v. Ordered accordingly.
Sd/-
(P SREE SUDHA)
JUDGE
KA
List No.: 1 Sl No.: 84
