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Karnataka High Court
Manjunath vs Yellappa Shiraguppi on 23 March, 2026
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NC: 2026:KHC:16304
M.F.A. No.4855/2020
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.4855/2020 (MV-I)
BETWEEN:
MANJUNATH
S/O LATE SIDDEGOWDA
AGED 40 YEARS
R/AT BACHANAHALLI VILLAGE
CHATRA HOBLI
Digitally signed NANJANGUD TALUK
by ARSHIFA MYSURU DISTRICT.
BAHAR KHANAM
...APPELLANT
Location: HIGH
COURT OF (BY SRI. SYED ABDUL SABOOR, ADV.,)
KARNATAKA
AND:
1. YELLAPPA SHIRAGUPPI
S/O BASAVANEPPA
AGED ABOUT 43 YEARS
R/AT 213, DEVALINGANAKOPPA
KALAGATTIGI TALUK
DHARWAD.
2. THE MANAGER
M.S. CHOLAMANDALAM GENERAL
INSURANCE LTD
SEETHAVILASA ROAD
IN FRONT OF SADVIDYA SCHOOL
NEAR JAGAN MOHAN PALACE
MYSURU-570001.
...RESPONDENTS
(BY SRI. H.S. LINGARAJ, ADV., FOR R2)
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NC: 2026:KHC:16304
M.F.A. No.4855/2020
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 23.03.2020 PASSED IN MVC
NO.1373/2017 ON THE FILE OF THE JUDGE, PRL. COURT OF
SMALL CAUSES, MYSURU AS A PRESIDING OFFICER, MACT,
MYSURU, 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 23.03.2020 passed in
MVC.No.1373/2017 by the Judge, Principal Court of Small
Causes and MACT, Mysuru, (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. Sri.Syed Abdul Saboor, learned counsel for the
appellant submits that the Tribunal has committed error in
assessing the income of the appellant-injured at
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HC-KAR
Rs.9,000/- per month and seeks to re-assess the same at
Rs.11,000/- per month considering the notional income
chart prepared by KSLSA. He further submits that the
appellant was in-patient for 24 days. Hence, taking note of
the evidence on record, the compensation under all other
heads is also required to be enhanced appropriately by
allowing this appeal.
4. Per contra, Sri.H.S.Lingaraj, learned counsel for
the respondent-Insurance Company supports the
impugned judgment and award of the Tribunal and
submits that no proof of income was placed before the
Tribunal, hence, the Tribunal, considering the pleading and
evidence, has awarded just and fair compensation, which
does not call for any modification. Hence, he seeks to
dismiss the appeal.
5. I have heard the arguments of the learned
counsel appearing on both the sides and meticulously
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HC-KAR
perused the material available on record including the
Tribunal records.
6. The appellant as well as respondent-Insurance
Company do not dispute that in the road accident that
occurred on 04.12.2017, the appellant sustained fracture
as is evident from the discharge summary as per Ex.P10
and other medical evidence on record. The appellant is
not disputing the assessment of the disability at 12% by
the Tribunal. The Tribunal, considering the pleadings,
assessed the income of the appellant-injured at Rs.9,000/-
per month. Admittedly, no proof of income was placed
before the Tribunal. Hence, the income of the appellant-
injured is re-assessed at Rs.11,000/- per month placing
reliance on the notional income chart prepared by KSLSA.
It is evident from the records that the appellant was in-
patient for about 24 days in the hospital and provided
treatment for the injury suffered by him in the aforesaid
road accident. Considering the said aspects and in the
absence of any dispute regarding the liability and disability
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HC-KAR
assessed by the Tribunal, I am of the considered view that
the compensation awarded by the Tribunal is required to
be re-assessed appropriately. Hence, the appellant is
entitled to compensation under the head of loss of future
income due to disability as under:
Rs.11,000 X 12 X 15 X 12% = Rs.2,37,600/-.
7. Further, the appellant would be entitled to
compensation of Rs.20,000/- towards food, nourishment
and attendant charges; Rs.33,000/- (Rs.11,000 X 3)
towards loss of income during laid-up period;
Rs.45,000/- towards pain & suffering; Rs.45,000/-
towards loss of amenities of life. The compensation
awarded by the Tribunal Rs.87,000/- towards medical
expenses and Rs.30,000/- towards future medical
expenses is unaltered. Thus, the appellant would be
entitled to modified compensation as under:
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HC-KAR
HEADS AMOUNT
(in Rs.)
Medical expenses 87,000
Food, nourishment and attendant charges 20,000
Loss of income during laid up period 33,000
Pain & suffering 45,000
Loss of future income due to disability 2,37,600
Loss of amenities of life 45,000
Future medical expenses 30,000
Total 4,97,600
Rounded off to 4,98,000
Thus, the appellant-claimant shall be entitled to a
total compensation of Rs.4,98,000/- as against
Rs.4,35,000/- awarded by the Tribunal.
8. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal is 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 compensation of Rs.4,98,000/- as
against Rs.4,35,000/- awarded by the
Tribunal.
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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) The entire compensation amount shall be
released in favour of the appellant-
claimant.
f) Registry shall transmit the records to the
Tribunal forthwith.
g) Registry to draw modified award
accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
BSR
List No.: 1 Sl No.: 18
