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Karnataka High Court
Smt Konnamma vs Sri Santhoshkumar K M on 23 March, 2026
-1-
NC: 2026:KHC:16308
M.F.A. No.6689/2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.6689/2018 (MV-I)
BETWEEN:
SMT. KONNAMMA
W/O LATE MADEGOWDA
AGED ABOUT 55 YEARS
R/O PUNAJANUR GATE
Digitally signed
by ARSHIFA CHAMARAJANAGAR TALUK-571313
BAHAR KHANAM PRESENTLY R/A C/W KUMAR
Location: HIGH KAMAGERE, KOLLEGAL TALUK
COURT OF CHAMARAJANAGAR DIST-571313.
KARNATAKA ...APPELLANT
(BY SRI. HARSHA S.P. ADV.,)
AND:
1. SRI. SANTHOSHKUMAR K.M.
S/O MANCHEGOWDA K.C.
MAJOR, R/O NO.H, KODIHALLY
MALLIGERE POST, KASABA HOBLI
MANDYA TALUK
MANDYA DIST-571430.
2. THE DIVISIONAL MANAGER
THE IFFCO-TOKIO GENERAL INSURANCE CO LTD
NO.846, NEWKANTHARAJAURS ROAD
ABOVE SRI BAKERY, AKSHAYA BHANDAR
KUVEMPUNAGAR, MYSURU-571001
...RESPONDENTS
(BY SRI. D. VIJAY KUMAR, ADV., FOR R2
V/O/DTD:31.05.2024 NOTICE TO R1 D/W)
-2-
NC: 2026:KHC:16308
M.F.A. No.6689/2018
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED:31.01.2017 PASSED IN MVC
NO.331/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE,
JMFC, KOLLEGAL, 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 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 31.01.2017 passed in MVC.No.331/2015 by
the Senior Civil Judge and JMFC, Kollegal, (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.Harsha S.P., learned counsel appearing for
the appellant submits that the Tribunal has erred in
assessing the income and disability of the appellant, and
awarded meager compensation under the heads of pain
NC: 2026:KHC:16308
HC-KAR
and suffering and other heads. It is submitted that the
appellant was hospitalized as an inpatient for a period of
10 days and as per the evidence of CW1, the disability has
been assessed at 30%. He therefore seeks to reassess the
income, disability and enhance the award of compensation
appropriately under all other heads and seeks to allow the
appeal.
4. Per contra, Sri.D.Vijay Kumar, learned counsel
for respondent No.2 supports the impugned judgment and
award of the Tribunal and submits that the appellant has
not produced any proof of income before the Tribunal. It is
submitted that the appellant sustained fractures, as
evident from Ex.P5 and considering the said fractures,
assessment of 10% disability is itself on the higher side. It
is further submitted that the award of compensation by
the Tribunal under all other heads is just and proper and
there is no scope for enhancement. Hence, he seeks to
dismiss the appeal.
NC: 2026:KHC:16308
HC-KAR
5. I have heard the arguments on both the sides
and meticulously perused the material available on record.
6. It is not in dispute that in a road accident dated
25.08.2015 the appellant sustained following fractures:
"i) Y shape lacerated wound over left paretal
scalp.
ii) Left clavicle fracture and pain left chest.
iii) Lacerated wound over left knee and back
side."
7. The records indicate that the appellant was an
inpatient from 25.08.2015 to 04.09.2015 for a period of
10 days. To substantiate the claim petition, the injured
appellant examined herself as PW1 and also got examined
the doctor as CW1, who assessed the disability of the
injured at 30% to a particular limb and 10% to the whole
body. The Tribunal, considering the same has rightly
assessed the disability at 10%. It is also not in dispute
that the appellant failed to produce any evidence to
substantiate the income. Accordingly, the income of the
appellant is notionally assessed at Rs.9,000/- per month
by placing reliance on the notional income chart prepared
NC: 2026:KHC:16308
HC-KAR
by KSLSA. It is not in dispute that the claimant was aged
about 65 years at the time of the accident; hence, the
appropriate multiplier would be 7, which has been rightly
considered by the Tribunal. Having reassessed the income
of the appellant/claimant, the appellant/claimant is
entitled to compensation under the head of loss of future
income due to disability as under:
Rs.9,000 X 12 X 7 X 10% = Rs.75,600/-.
8. The award of compensation by the Tribunal
towards medical expenses remains unaltered. However,
taking note of the oral and documentary evidence and
considering the nature of treatment provided for the
injuries suffered by the appellant, I am of the considered
view that the compensation awarded by the Tribunal under
other heads is required to be reassessed by appropriately
enhancing the same. The appellant is entitled to the
modified compensation as under:
NC: 2026:KHC:16308
HC-KAR
HEADS AMOUNT
(in Rs.)
Pain & suffering 40,000
Loss of amenities 40,000
Medical expenses 3,280
Loss of income during laid-up period 27,000
(Rs.9,000 X 3)
Loss of future income due to disability 75,600
Towards conveyance, attendant charges, 20,000
food and nourished food
Total 2,05,880
Thus, the appellant-claimant shall be entitled to total
compensation of Rs.2,05,880/- as against Rs.1,12,680/-
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 total
compensation of Rs.2,05,880/- as against
Rs.1,12,680/- awarded by the Tribunal.
NC: 2026:KHC:16308
HC-KAR
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.: 24
