Ananda K T vs Chandrappa H T
2026 Latest Caselaw 649 Kant

Karnataka High Court

Ananda K T vs Chandrappa H T on 31 January, 2026

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                                        MFA No.6210 of 2024



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 31ST DAY OF JANUARY, 2026

                         BEFORE
        THE HON'BLE MRS. JUSTICE P SREE SUDHA
 MISCELLANEOUS FIRST APPEAL NO.6210/2024(MV-I)
BETWEEN:
ANANDA K.T.,
S/O THAMME GOWDA,
AGED ABOUT 58 YEARS,
R/AT AKARADIKODU,
HONNETHALA POST,
AGUMBE HOBLI,
THIRTHAHALLI TALUK,
SHIVAMOGGA DISTRICT-577 411.
                                                ...APPELLANT

(BY SRI. ASHWATH C.M., ADVOCATE)

AND:

1.     CHANDRAPPA H.T.,
       S/O GOVINDA,
       AGED ABOUT 38 YEARS,
       R/AT KENDALABYLU,
       KENDALABYLU POST-577 411
       THIRTHAHALLI TALUK,
       (OWNER CUM DRIVER OF
       MOTOR BIKE BEARING
       REG.NO.KA-14-EP-2040)

2.     THE BRANCH MANAGER,
       ORIENTAL INSURANCE CO. LTD.,
       NEAR KOPPA CIRCLE,
       THIRTHAHALLI BRANCH,
       THIRTHAHALLI,
       SHIVAMOGGA DISTRICT-577 432
       (INSURER OF MOTOR BIKE
       BEARING REG.NO.KA-14-EP-2040)
       (POLICY NO.473190/31/2019/1839
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                                       MFA No.6210 of 2024



                                            ...RESPONDENTS

(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2,
 R1-SERVED)

     THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:16.07.2024 PASSED IN
MVC NO.818/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, THIRTHAHALLI, ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

     THIS APPEAL HAVING BEEN HEARD AND RESERVED ON
20.01.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT
THIS DAY, P SREE SUDHA J., DELIVERED THE FOLLOWING:

CORAM:     HON'BLE MRS. JUSTICE P SREE SUDHA


                     CAV JUDGMENT

This appeal is filed by the appellant/claimant under

Section 173(1) of Motor Vehicles Act, 1988 challenging the

judgment and award dated 16.07.2024 passed in MVC

No.818/2019 on the file of the Senior Civil Judge and JMFC

and A.M.A.C.T., Thirthahalli, for enhancing the

compensation.

2. The injured/claimant met with an accident on

15.12.2018 and filed claim petition, claiming compensation

of Rs.22 lakhs. The Tribunal considering the entire

evidence on record, granted an amount of Rs.1,49,558/-

at the rate of 9% p.a., from date of petition till deposit,

jointly and severally to the petitioner.

3. Aggrieved by the said award, he preferred an

appeal and mainly contended that on 15.12.2018, he left

Guddekeri bus stop to his village in his Hero motorbike

bearing Reg.No. KA-14 EK-9247, along with his daughter.

When he was proceeding in a normal speed on the left

side of the road and reached at Kendalabylu road at

Shirnahalli cross a motorbike bearing Reg

No.KA.EP.2940/Honda Unicorn came from opposite

direction in a rash and negligent manner and dashed his

bike. As a result, he and his daughter fell down and

sustained grievous injuries. Immediately they were shifted

to JC Hospital and then shifted to KMC Hospital, Manipal

for further treatment. He has spent huge medical

expenses and filed claim petition against respondent Nos.1

and 2, claiming compensation. The amount awarded by

the Tribunal under the head pain and suffering is. His

daughter took treatment as per evidence of PW1 and CW1,

as an inpatient for a total period of 24 days in two spells

and attended for review and follow-up treatment for

several times which is 160 kms far from the residence. But

the Tribunal granted only Rs.11,000/- towards incidental

charges, which is insufficient. Loss of income during the

treatment was considered for 2 months as Rs.20,000/-

and it should be not be less than 3 months.

4. Further, the Tribunal has not granted any amount

under the loss of amenities and not added future prospects

at the rate of 10% to his income while calculating loss of

future income due to disability. Ex.P5 is the spot mahazar.

It reveals that respondent No.1 who came on the right

side of the road in a rash negligent manner dashed the

bike of the petitioner. But the Tribunal without verifying

the same, fixed 50% of contributory negligence on the

part of the petitioner and it is to be modified.

5. The manner of accident shows that on

15.12.2018, petitioner left the bus stop in his village and

proceeded in his motorbike along with his daughter. She

came after completion of her night duty from BPO, Rural

Sources, Thirthahalli, while they were proceeding in a

motorbike bearing No.KA/14-EK-9247/Hero motor bike

with a normal speed on the left side of the road, another

motorbike bearing reg.No.KA.EP.2940/Honda Unicorn bike

came from opposite direction driven by respondent No.1 in

a rash and negligent manner and dashed their bike and as

a result both of them fell down and sustained injuries.

Immediately they were shifted to JC Hospital, Thirthahalli,

as the injuries were severe, the doctor advised them to

shift to KMC Hospital, Manipal. Thus, he was admitted as

inpatient from 15.12.2018 to 25.12.2018 and again he

was readmitted on 4-02-2019 and discharged on 09-02-

2019. The petitioner was working as a coolie and also

doing dairy farming and earning Rs.35,000/- per month,

but he has not filed any income proof.

6. The respondent No.1 is the owner cum driver of

motorbike and respondent No.2 is the insurer of the

motorbike. Respondent No.1 appeared before the court

and filed objections. He denied his negligence and stated

that he is the rider, as well as owner of the bike and he

got valid driving license. He insured his vehicle with

respondent No.2/Insurance company vide policy bearing

No.473190/31/2019/1839.

7. Insurance Company/respondent No.2 took an

objection that petitioner had no valid driving license and

he has driven the vehicle in a rash and negligent manner

and the insurer of the vehicle belonging to the petitioner is

also necessary party.

8. The complaint is given by daughter of the

petitioner Anjitha under Ex.P3, in which she stated that

her father was also negligent in driving the vehicle and the

accident occurred due to the negligence of both the riders.

But at Ex.P4/charge sheet which is filed against the rider

of the motorcycle bearing Reg.No.KA-EP-2940 Honda

Unicorn, in the FIR, it was revealed that the accident was

head-on collision. But later, it was registered against the

driver of the offending vehicle bearing reg.No.KA.EP.2940.

Considering the said aspect, the Tribunal observed that

there should be 30% contributory negligence to be fixed

on the petitioner. But later, it was stated that 50%

negligence is fixed on the petitioner due to rash and

negligent driving and 50% negligence is fixed on the part

of the first respondent as he has also sustained grievous

injury in the said accident. Considering, the averments of

the complaint, given by daughter of petitioner and other

relevant factors and also manner of accident, this Court

finds it reasonable that the negligence on the part of the

petitioner is to be fixed at the rate of 30% and that of the

rider of offending vehicle bearing reg.No.KA.EP.294 is to

be fixed at 70%.

9. Further, as per Ex.P7/Wound Certificate petitioner

sustained the following injuries;

"1) Surgically sutured wound with intact sutures measuring 15 cm in length, was present over front and outer aspect of right leg and foot, starting at a point 4 cm below right knee,

2) Right forearm swelling present. Bony crepitus deformity present. No neurovascular deficit.

3) Avulsed laceration, over an area of 9x 4 x muscle deep present over back of right hand, starting at a point, 3 cm below right wrist."

All the injuries are grievous in nature. Ex.P8 is discharge

summary. As per Exs.P1 to Ex.P18, the petitioner incurred

Rs.59,717/- towards medical expenses. He was aged 53

years as per Ex.P7 and Ex.P8, as on the date of accident.

His monthly income was taken by the Tribunal as

Rs.10,000/- and it was observed that he requires 2

months time for recovery and granted Rs.20,000/- under

head, loss of income during treatment period. It was also

stated that the petitioner suffered from disability to the

extent of 35%. PW.2 who treated the petitioner, assessed

the physical disability as 21% to the right lower limb and,

except Ex.C4/Disability Certificate, no other documents

are produced to show that she is suffering from disability

of 35%. As per the evidence of PW2, the petitioner had

undergone union of the right forearm fracture with implant

insitu and there is non-union of left clavicle fracture.

Further there is 33% loss of grip strength and 85% loss of

pinch strength in the right upper limb and has significant

difficulty in doing activity of daily living using right lower

limb. PW2 stated that he suffered 21% to the right lower

limb. Hence, 1/3rd of the same comes to 7%, but the

Tribunal has taken 12%.

11. Further, the petitioner failed to produce any

income proof. Therefore, as he met with an accident in

the year 2018, his notional income is to be taken as

Rs.12,500/-, as per the chart prepared by Karnataka State

Legal Services Authority. Hence, loss of future earning

capacity comes to Rs.12,500 X 12 X 11 X 7% =

Rs.1,15,500. It was stated that he was hospitalized for

a period of 11 days. Therefore, considering the nature of

injuries, hospitalization, this court finds it reasonable to

grant Rs.50,000/- towards pain and suffering,

Rs.25,000/- for loss of amenities and Rs.30,000/- for

per transportation, extra nourishment and attendant

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charges. Further, he is also entitled for Rs.59,717/- for

medical expenses and petitioner might not have attended

any of the work at least for a period of 3 months.

Therefore Rs.12,500 x 3 = Rs.37,500/- is granted

towards loss of income during laid up period.

12. Thus in all, components awarded by this court

are as below,

Sl.Nos. Particulars Amount in Rs.

1 Loss of future income 1,15,500.

   2         Pain and suffering                          50,000
   3         Loss of amenities                           25,000
   4         Transportation,             extra           30,000
             nourishment and         attendant
             charges.
   5         Loss of income during laid                  37,500
             down period
   6         Future medical expenses                     59,717
             Total                                     3,17,717

Hence, the compensation granted by tribunal is

enhanced from Rs.1,49,558/- to Rs.3,17,717/- along with

interest at the rate of 6% p.a.

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13. In the result, the following order is passed:

ORDER

i. Appeal is allowed in part.

ii. The judgment and award dated

16.07.2024 passed in MVC No.818/2019 on

the file of the Senior Civil Judge and JMFC

and A.M.A.C.T., Thirthahalli, is modified.

iii. The claimant is entitled to a sum of

Rs. 3,17,717/- along with interest at 6%

p.a., from the date of petition till the date

of realization, instead of Rs.1,49,558/-

granted by the tribunal.

iv.    Respondent       No.2/Insurance       Company      is

       directed    to   deposit      70%    of   the   total

amount along with the interest at the rate

of 6% within one month from the date of

this order. If at all Insurance Company has

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deposited awarded amount before the

Tribunal, directed to deposit the balance

amount with interest.

v. On such deposit, petitioner is permitted to

withdraw the entire amount along with

interest accrued on the same.

Sd/-

(P SREE SUDHA) JUDGE

AKV CT:NR