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Karnataka High Court
Sri. Chandraiah T R vs Sri Mohammed Gous Peer on 6 March, 2026
-1-
NC: 2026:KHC:13737
M.F.A. No.2440/2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.2440/2020 (MV-I)
BETWEEN:
SRI. CHANDRAIAH T.R.
S/O REVANASIDDAIAH
AGED 29 YEARS
Digitally signed R/O TYAGATURU, NITTUR HOBLI
by ARSHIFA GUBBI TALUK
BAHAR KHANAM TUMAKURU DISTRICT.
Location: HIGH
COURT OF ...APPELLANT
KARNATAKA
(BY SRI. M.B. CHANDRACHOODA, ADV.,)
AND:
1. SRI. MOHAMMED GOUS PEER
S/O MAHAMMED MOHIDDIN
AGED 49 YEARS
R/O KITTADAKUPPE, KASABA HOBLI
GUBBI TALUK
TUMAKURU DISTRICT.
2. THE MANAGER
TATA AIG GENERAL INSURANCE CO.LTD.
BRANCH OFFICE:LAKSHMIVITTAL BANK
UPSTAIRS, NEAR TGMC BUNK
TUMKURU DISTRICT.
...RESPONDENTS
(BY SRI. B. PRADEEP, ADV., FOR R2
R1 SERVED)
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NC: 2026:KHC:13737
M.F.A. No.2440/2020
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED.22.10.2019, PASSED IN MVC
NO.102/2019, ON THE FILE OF THE ADDITIONAL SENIOR
CIVIL JUDGE AND JMFC., AND ADDITIONAL MACT, GUBBI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
This appeal is filed by the injured appellant seeking
for higher compensation challenging the judgment and
award dated 22.10.2019 passed in MVC.No.102/2019 by
the Additional Senior Civil Judge and Additional MACT,
Gubbi, (for short 'Tribunal').
2. Though this appeal is listed for admission, with
the consent of the learned counsel for the parties, it is
taken up for final disposal.
3. Sri.M.B.Chandrachooda, learned counsel
appearing for the appellant submits that the Tribunal has
erred in awarding meager compensation to the injured
appellant by ignoring the evidence of PW2 and Ex.P4 to
NC: 2026:KHC:13737
HC-KAR
Ex.P6. Hence, he seeks to allow the appeal by enhancing
the compensation appropriately.
4. Per contra, Sri.B.Pradeep, learned counsel for
respondent No.2, supports the impugned judgment and
award of the Tribunal and submits that the Tribunal
assessed the income of the appellant as per Ex.P12, which
indicates that he was drawing a salary of Rs.10,000/- per
month. It is submitted that the appellant sustained one
fracture and considering the same, the Tribunal has rightly
assessed the disability at 5% and awarded just
compensation under the other heads, which needs no
interference. Hence, he seeks to dismiss the appeal.
5. I have heard the arguments on both the sides
and perused the material available on record.
6. The records indicate that on 10.02.2018 the
appellant met with a road accident and sustained the
following injury:
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a) Fracture, Lateral malleolus right ankle, underwent
ORIF with LCP.
The appellant was an inpatient at Adithya Hospital for
more than 10 days and was provided treatment. The
appellant examined PW2, who assessed the disability at
30% to a particular limb and 10% to the whole body.
However, considering the same, the Tribunal assessed the
disability at 5%. In my view, the same is required to be
reassessed at 7% for the purpose of determination of
compensation.
7. Insofar as the income is concerned, the
appellant has specifically pleaded and produced evidence
before the Tribunal that he was working as a trainee in
HAL and also engaged in agriculture. In support of his
traineeship, he produced the letter at Ex.P12. Considering
the said assertion and also keeping in mind the fact that
the notional income for unskilled labor, as prepared by the
KSLSA is Rs.12,500/-, if the same is assessed, the interest
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of justice would be met. Accordingly, the income of the
appellant is reassessed at the said rate. It is not in dispute
that the claimant was aged about 26 years at the time of
the accident; hence, the appropriate multiplier would be
17, which has been rightly considered by the Tribunal.
Having reassessed the income and disability of the
appellant, the appellant/claimant is entitled to
compensation under the head of loss of future income
due to disability as under:
Rs.12,500 X 12 X 17 X 7% = Rs.1,78,500/-.
8. The Tribunal has not awarded any
compensation under the head of loss of income during the
laid-up period, which is required to be awarded in this
case. The Tribunal awarded a sum of Rs.86,500/- towards
medical expenses which remains unaltered. However,
taking note of the oral evidence of PW2, documents Ex.P4
to P6, P16 and other medical records, I am of the
considered view that the compensation awarded by the
Tribunal under other heads is required to be reassessed
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appropriately by enhancing the same. The appellant is
entitled to the modified compensation as under:
HEADS AMOUNT
(in Rs.)
Pain & suffering 40,000
Loss of amenities 30,000
Medical expenses 86,500
Loss of income during laid-up period 37,500
(Rs.12,500 X 3)
Loss of future income due to disability 1,78,500
Towards conveyance, attendant charges, 25,000
food and nourished food
Total 3,97,500
Thus, the appellant-claimant shall be entitled to total
compensation of Rs.3,97,500/- as against Rs.2,43,500/-
awarded by the Tribunal.
9. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
appellant-claimant would be entitled to a total
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HC-KAR
compensation of Rs.3,97,500/- as against
Rs.2,43,500/- awarded by the Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petition till the date of
payment.
d) The Insurance Company shall deposit the
enhanced compensation amount with accrued
interest before the Tribunal within a period of
six weeks from the date of receipt of certified
copy of this judgment.
e) On such deposit, the Tribunal shall release
the entire enhanced compensation amount in
favour of the appellant.
f) Draw modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
ABK
List No.: 1 Sl No.: 20
