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Karnataka High Court
Sri. Murugan vs Smt. Gangamma on 16 March, 2026
-1-
NC: 2026:KHC:15408
M.F.A. No.1876/2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.1876/2020 (MV-I)
BETWEEN:
SRI. MURUGAN
S/O SHANKARAPPA
Digitally signed by AGED ABOUT 51 YEARS
ARSHIFA BAHAR NO.210, INDIA COLONY
KHANAM DASARA HALLI
Location: HIGH BANGALURU-560079.
COURT OF
KARNATAKA SINCE DEAD, REP. BY LR'S.
1(a) REVATHI M
AGED ABOUT 35 YEARS
D/O MURUGAN
C/O. J. BALU
NO.1324/4, 7TH CROSS
9TH MAIN ROAD, SRIRAMPURAM
BENGALURU-560021.
1(b) M. JAYALAKSHMI
AGED ABOUT 33 YEARS
D/O MURUGAN
C/O VIJAYAN
NO.1324, 7TH CROSS
9TH MAIN ROAD
SRIRAMPURAM
BENGALURU-560021.
1(c) M. RADHA
AGED ABOUT 29 YEARS
D/O MURUGAN
NO.210, BHARATHA RATHNA
INDIRA COLONY, A.D. HALLI
-2-
NC: 2026:KHC:15408
M.F.A. No.1876/2020
HC-KAR
BASAVESHWARA NAGAR
BENGALURU-560079.
1(d) M. PRAKASH
AGED ABOUT 28 YEARS
S/O MURUGAN
NO.210, BHARATHA RATHNA
INDIRA COLONY, A.D. HALLI
BASAVESHWARA NAGAR
BENGALURU-560079.
...APPELLANTS
(BY SRI. NEHRU P, ADV.,)
AND:
1. SMT. GANGAMMA
W/O ARASAIAH
KUDURE UNTHURAIANHA THOTA
GANGAMATHA WARD NO.20
MALAVALLI TOWM
MANDYA DISTRICT-571402
(OWNER OF TATA SUMO).
2. VINAY KUMAR .A
NO.26, 2ND CROSS
JOURNALIST COLONY
J.C.ROAD, BENGALURU-571402
(OWNER OF TATA SUMO).
3. THE ORIENTAL INSURANCE CO. LTD.,
CORPORATE AND REGISTERED OFFICE
AT ORIENTAL HOUSE
25/27 ASAF ALI ROAD
NEW DELHI-110002.
AND ALSO AT
DO/VIII, DVG ROAD
BASAVANAGUDI
BENGALURU-560004.
...RESPONDENTS
-3-
NC: 2026:KHC:15408
M.F.A. No.1876/2020
HC-KAR
(BY SRI. A.N. KRISHNA SWAMY, ADV., FOR R3
SRI. MURALI M, ADV., FOR R2
R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 31.08.2019 PASSED IN MVC
NO.511/2014 ON THE FILE OF THE II ADDITIONAL JUDGE AND
ACMM, COURT OF SMALL CAUSES, MOTOR ACCIDENT CLAIMS
TRIBUNAL, BENGALURU (SCCH-13), 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
challenging the judgment and awarded 31.08.2019 passed
in MVC.No.511/2014 by the Additional Small Causes Judge
and MACT, Bengaluru, (SCCH-13), (for short 'the
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.Nehru P., learned counsel appearing for the
appellants submits that during the pendency of this
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appeal, the injured appellant passed away, and therefore,
the LRs of the injured appellant have been brought on
record and are prosecuting the appeal. It is submitted that
the injured appellant had sustained grievous injuries and
was initially provided treatment at the Government
Hospital, Anekal, and thereafter at Victoria Hospital,
Bengaluru and then at NIMHANS Hospital, Bengaluru. It is
further submitted that the appellant was an inpatient for
nearly one month. Considering the injuries as per Ex.P8,
the discharge summary, he seeks to assess the disability
at 20% and also seeks to assess the income of the injured
appellant and award just and fair compensation to the LRs
of the injured appellant by allowing the appeal.
4. Per contra, Sri.A.N.Krishna Swamy, the learned
counsel appearing for respondent No.3 supports the
impugned judgment and award of the Tribunal and
submits that it is not in dispute that the Tribunal has
recorded the injuries in paragraph No.14 of the judgment.
However, the appellants have not produced the wound
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certificate or disability certificate nor have they examined
any doctor. Therefore, the disability cannot be assessed on
guesswork. It is submitted that the Tribunal, after
considering the nature of injuries suffered and the
treatment provided, has awarded compensation of
Rs.95,363/- along with interest at 6% per annum, which is
just and proper as the accident is of the year 2011. Hence,
he seeks to dismiss the appeal.
5. I have heard the arguments on both the sides
and meticulously perused the material available on record.
6. The injured appellant met with a road accident
on 06.06.2011. The records indicate that he was initially
provided treatment at Government Hospital, Anekal and
thereafter at Victoria Hospital, Bengaluru and he was also
provided treatment at NIMHANS Hospital, Bengaluru. The
discharge summary and other medical records indicate
that the injured appellant sustained the following injuries:
"Fracture shaft right femur middle one-
third, fracture intercondylar, fracture
humerus with moderate head injury"
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7. The injured appellant was admitted to
Victoria hospital on 07.06.2011 and discharged on
04.07.2011. It is not in the dispute that the injured
appellant has neither examined any doctor nor produced
any disability certificate. In the absence of such evidence
before this Court, and based on the discharge summary, it
would be difficult for this Court to assess compensation
under the head of loss of future income due to disability.
However, taking note of the injuries suffered and also
considering the fact that the injured appellant was an
inpatient for nearly one month in the hospital, and further
passed away during the pendency of the appeal and the
appeal is now being prosecuted by his LRs and also
keeping in mind that the Tribunal has not awarded any
compensation under the head of loss of amenities, I am of
the view that the interest of justice would be met if an
additional compensation of Rs.60,000/- is awarded in
addition to what has been awarded by the Tribunal.
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HC-KAR
Accordingly, the LRs of the injured appellant are entitled to
an additional sum of Rs.60,000/- as compensation.
8. The impugned judgment and award of the
Tribunal is modified to the aforesaid extent. The additional
compensation amount shall carry interest at the rate of
6% per annum from the date of petition till realization.
9. In modification of the impugned judgment and
award of the Tribunal to the above extent, the appeal
stands partly allowed. The respondent/insurer shall
deposit the additional compensation amount with accrued
interest before the Tribunal within six weeks from the date
of receipt of certified copy of this judgment. On such
deposit, the same shall be released in favour of the
appellant. Registry to draw modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
ABK/List No.: 1 Sl No.: 11
