Chittappa vs Mallakaradya I P
2026 Latest Caselaw 2052 Kant

Citation : 2026 Latest Caselaw 2052 Kant
Judgement Date : 9 March, 2026

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Karnataka High Court

Chittappa vs Mallakaradya I P on 9 March, 2026

                                        -1-
                                                   NC: 2026:KHC:14043
                                                MFA No. 10838 of 2013


            HC-KAR




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 9TH DAY OF MARCH, 2026

                                     BEFORE
                     THE HON'BLE MR. JUSTICE C.M. POONACHA
            MISCELLANEOUS FIRST APPEAL NO. 10838 OF 2013 (MV-I)
            BETWEEN:

            CHITTAPPA
            S/O.MARAPPA,
            AGED ABOUT 46 YEARS,
            COOK, R/O JAGALUR CAMP,
            JAGALUR TALUK,
            DAVANAGERE DISTRICT 557528
                                                      ...APPELLANT
            (BY SRI. RAJASHEKHARAIAH S.M, ADVOCATE(ABSENT))

            AND:

            1.    MALLAKARADYA I P
                  S/O.PUTTAPPA,
                  AGED ABOUT 30 YEARS,
                  THE PROPRIETOR,
                  ARADYA CONCRETE PRODUCT,
Digitally
signed by         R/O.301/302, HEBBAL INDUSTRIAL AREA,
NIRMALA           METAGALLI, MYSORE 577106
DEVI              OWNER OF CAR BEARING,
Location:         REGN NO.KA-09-Z-6543.
HIGH              (PLACED EXPARTE)
COURT OF
KARNATAKA   2.    UNITED INDIA INSURANCE COMPANY LTD
                  MMK COMPLEX,
                  AKKAMAHADEVI ROAD,
                  P.J.EXTENSION,
                  DAVANGERE -577002.
                                                     ...RESPONDENTS
            (BY SRI. VIJAYA PHANEENDRA T B, ADVOCATE FOR
                 SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R2)
                                             -2-
                                                       NC: 2026:KHC:14043
                                                   MFA No. 10838 of 2013


    HC-KAR




     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 06.02.2013 PASSED IN MVC
NO.560/2011 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE, & ADDITIONAL MACT, CHITRADURGA, 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 MR. JUSTICE C.M. POONACHA

                                  ORAL JUDGMENT

1. The present appeal is filed by the claimant being

dissatisfied with the quantum of compensation awarded vide

judgment and award dated 06.02.2013 passed in MVC

No.560/2011 by the II Additional Senior Civil Judge and

Additional MACT, Chitradurga1. The Tribunal partly allowed the

claim petition and awarded a total compensation of `1,09,880/-

together with interest at 6% p.a.

2. The finding of the Tribunal on negligence and liability is

not under challenge and has attained finality. Hence, the only

question that is to be adjudicated in the present appeal is the

adequacy of the quantum of compensation.

hereinafter referred to as 'Tribunal'

NC: 2026:KHC:14043

HC-KAR

3. The Tribunal has assessed the age of the claimant as 50

years as on the date of the accident i.e., on 14.05.2011 and

applied the appropriate multiplier of 13, which is just and

proper.

4. It is forthcoming from the wound certificate (Ex.P5),

discharge card (Ex.P7), disability certificate (Ex.P8) and

testimony of the doctor (PW.2) that the claimant sustained

fracture of both bones of left leg; fracture of proximal 1/3rd of

the right humorous; and fracture of distal end of radius and

ulna. The claimant was treated as an inpatient from

14.05.2011 to 05.07.2011 i.e., 52 days. The fracture of both

bones of the left leg was surgically treated. The doctor has

assessed the disability of the right upper limb at 31.46% and

the left lower limb at 29.40%; thereby the doctor deposed that

the claimant has a total disability of 50.58%. The Tribunal

appreciating the testimony of the doctor has assessed the

whole body disability at 16.86% and rounded off it to 16%,

which is just and proper.

5. The claimant has deposed that he was working as a cook

and earning `10,000/-. However, since no documentary

NC: 2026:KHC:14043

HC-KAR

evidence was produced to demonstrate his income, the Tribunal

has assessed the income of the claimant at `3,000/- p.m.

Having regard to the date of accident, the notional income of

the claimant is re-assessed as `6,500/- p.m.

6. Having regard to the aforementioned, the compensation

is re-assessed as follows:

i. Keeping in mind the nature of injuries sustained

and the period of treatment, the compensation towards

pain and suffering is reassessed as `40,000/- as against

`25,000/- awarded by the Tribunal;

ii. Although the claimant has not produced any

medical bills, having regard to the nature of injuries and

the period of treatment, it is just and proper to award a

sum of `20,000/- towards medical and other incidental

expenses;

iii. Having regard to the nature of injuries sustained

and the resultant disability, loss of amenities is

re-assessed as `25,000/- as against `5,000/- awarded by

the Tribunal;

NC: 2026:KHC:14043

HC-KAR

iv. Keeping in mind the period for which the claimant

was treated as an inpatient, the loss of income during the

said period is assessed as 4 months and compensation is

awarded in a sum of (4 x `6,500/-) `26,000/-;

v. The loss of future income is reassessed as (`6,500/-

x12x13x16) `1,62,240/-.

7. Accordingly, the total compensation under various heads

is re-assessed as follows:

Sl.No.              Heads         Amount            Amount
                                  awarded by the awarded           by
                                  Tribunal (`)      this Court (`)
1.         Pain and suffering           25000.00          40000.00
2.         Medical and incidental              0.00       20000.00
           expenses
3          Loss of amenities              5000.00         25000.00
4.         Loss of income during               0.00       26000.00
           laid up period
5.         Loss of future earnings                74880.00             162240.00

6.         Towards       traveling                  5000.00
           expenses, conveyance,
           attendant charges, diet
           etc.,
                  Total                          109880.00             273240.00



8.       Hence,    the     claimant         is   entitled     for     enhanced

compensation       of    (`2,73,240/-       -    `1,09,880/-)       `1,63,360/-,

rounded of as `1,64,000/-.

                                                NC: 2026:KHC:14043



HC-KAR

9. In view of the aforementioned, the following:

ORDER

i) The appeal is allowed in part;

ii) The judgment and award dated 06.02.2013 passed in MVC No.560/2011 by the II Additional Senior Civil Judge and Additional MACT, Chitradurga, is modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

iii) The claimant is entitled to enhanced compensation of `1,64,000/- with interest at 6% per annum from the date of petition till its realization, in addition to the compensation awarded by the Tribunal;