[Cites 0, Cited by 0]
Karnataka High Court
Sri Prakash Shetty vs Robert Putado on 23 March, 2026
-1-
NC: 2026:KHC:16164
M.F.A. No.3039/2020
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.3039/2020 (MV-I)
BETWEEN:
SRI. PRAKASH SHETTY
S/O JAYAKARA SHETTY
AGED ABOUT 44 YEARS
R/AT SANNIDI
NEAR DHUMAVATHI TEMPLE
MOODU ALEVOOR
Digitally signed UDUPI TQ AND DIST-574118.
by ARSHIFA ...APPELLANT
BAHAR KHANAM (BY MS. PAVANA B.K. ADV., FOR
Location: HIGH MR. PRATHEEP K.C. ADV.,)
COURT OF
KARNATAKA
AND:
1. ROBERT PUTADO
S/O ANTONY PUTADO
AGED ABOUT 48 YEARS
R/AT NEAR IRODI PANCHAYATH
SASTANA, UDUPI TALUK
UDUPI DISTRICT-574118.
2. THE UNITED INDIA INS. CO. LTD.,
DIVISIONAL MANAGER
DIVISIONAL OFFICER
JEWEL PLAZA, 1ST FLOOR
MARUTHI VEETHIKA
UDUPI-574118.
...RESPONDENTS
(BY SRI.RAVISH BENNI, ADV., FOR R2
R1 SERVICE OF NOTICE ISD/W V.C.O.DTD:29.10.2025)
-2-
NC: 2026:KHC:16164
M.F.A. No.3039/2020
HC-KAR
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.02.12.2019 PASSED IN MVC
NO.78/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE, UDUPI, 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/claimant seeking
enhancement of compensation being aggrieved by the
judgment and award dated 02.12.2019 passed in
MVC.No.78/2017 by the Additional Senior Civil Judge and
Additional MACT, Udupi, (for short, 'Tribunal').
2. Though this appeal is listed for admission, with
the consent of learned counsel for the parties, it is taken
up for final disposal.
3. Ms.Pavana B.K., learned counsel for
Sri.Pratheep K.C., learned counsel for the appellant
submits that the Tribunal erred in assessing the income of
NC: 2026:KHC:16164
HC-KAR
the injured at Rs.8,000/- as well as the disability at 25%
to the whole body. The said assessment is contrary to the
evidence of the injured as well as of PW2 and other
medical evidence on record. It is submitted that the award
of compensation towards pain and suffering, loss of
amenities, loss of income during the laid-up period and
miscellaneous expenses is also on the lower side. Hence,
she seeks to re-assess the same by considering the
evidence on record by allowing the appeal.
4. Per contra, Sri.Ravish Benni, learned counsel
for the respondent-Insurance Company supports the
impugned judgment and award of the Tribunal and
submits that the appellant-injured has failed to produce
any evidence before the Tribunal with regard to the
income. Hence, the assessment of the income by the
Tribunal is just and correct. It is submitted that PW2 has
assessed the disability to a particular limb at 35% and by
considering the same, the Tribunal assessed the disability
of 18%, which itself is on the higher side. It is further
NC: 2026:KHC:16164
HC-KAR
submitted that the award of compensation by the Tribunal
under all heads is just and proper and needs no
interference. Hence, seeks to dismiss the appeal.
5. Having heard the learned counsel appearing on
both the sides, it is to be noticed that the appellant-
injured met with a road accident on 03.05.2016. As per
the pleadings, the appellant was an auto-driver working
with the respondent No.1 and earning more than
Rs.10,000/- per month. Admittedly, no proof of income
was placed before the Tribunal and in the absence of the
same, the income of the injured is re-assessed notionally
at Rs.9,500/- per month by placing reliance on the
notional income chart prepared by KSLSA. Considering the
oral evidence of PW2, wound certificate as per Ex.P4,
Disability Certificate as per Ex.P9, the Tribunal assessed
the disability at 18%, which in my considered view is just
and proper and needs no modification. Considering that
the appellant was aged about 37 years as on the date of
accident, the appropriate multiplier would be 15, which
NC: 2026:KHC:16164
HC-KAR
has been rightly considered by the Tribunal. Hence, the
appellant is entitled to compensation under the head of
loss of future income due to disability as under:
Rs.9,500 X 12 X 15 X 18% = Rs.3,07,800/-.
6. It is to be noticed that the appellant was in-
patient for 8 days and he lost his income during the
treatment period and post treatment. The wound
certificate as per Ex.P4 indicates that the appellant
sustained injury to the spinal cord. Considering the nature
of injury suffered as is evident from the wound certificate
as per Ex.P4, and in-patient for 8 days, I am of the
considered view that the compensation is required to be
re-assessed appropriately.
7. Hence, the appellant would be entitled to
compensation of Rs.15,000/- towards food, nourishment,
attendant, conveyance expenses; Rs.28,500/- (Rs.9,500
X 3) towards the loss of income during laid-up period;
Rs.45,000/- towards pain & suffering; Rs.40,000/-
NC: 2026:KHC:16164
HC-KAR
towards loss of amenities in life. The compensation
awarded by the Tribunal towards medical expenses is
unaltered. Thus, the appellant would be entitled to
modified compensation as under:
HEADS AMOUNT
(in Rs.)
Medical expenses 27,585
Food, nourishment, attendant, 15,000
conveyance expenses
Loss of income during laid up period 28,500
Loss of future income due to disability 3,07,800
Pain & suffering 45,000
Loss of amenities, future happiness 40,000
Total 4,63,885
Rounded off to 4,64,000
Thus, the appellant-claimant shall be entitled to a
total compensation of Rs.4,64,000/- as against
Rs.3,66,000/- awarded by the Tribunal.
8. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal is allowed in part.
NC: 2026:KHC:16164
HC-KAR
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
appellant-claimant would be entitled to a
total compensation of Rs.4,64,000/- as
against Rs.3,66,000/- 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) The entire compensation amount shall be
released in favour of the appellant-
claimant.
f) Registry shall transmit the records to the
Tribunal forthwith.
g) Draw modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
BSR/List No.: 1 Sl No.: 13
