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Karnataka High Court
Sri Thammaiaha vs Feliciana Thomas Coutinbo on 24 March, 2026
-1-
NC: 2026:KHC:16487
MFA No. 9885 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO. 9885 OF 2018 (MV)
BETWEEN:
SRI THAMMAIAHA
@ THIMMEGOWDA
S/O JAVEREGOWDA
AGED ABOUT 58 YEARS
R/AT SREE SHANESHWARA SARVODAYA
COMPLEX, GUNDAVALLI
OPPOSITE: ALBAN HIGH
ANDERI EAST, MUMBAI 4000069.
AND ALSO GIDUVINAHOSAHALLI VILALGE
BOMMANAYAKAHLLI POST
HONNAKEREI HOBLI
NAGAMANGALA TALUK
MANDYA DISTRICT - 571 432.
...APPELLANT
(BY SRI KAILAS SHANKAR P.S, ADV.)
AND:
Digitally 1. FELICIANA THOMAS COUTINBO
signed by
NANDINI M S NO.137, 4TH CROSS
Location: PRIYADARSHINI LAYOUT
HIGH COURT VINOBHANAGAR
OF
KARNATAKA SHIVAMOGGA TOWN
SHIVAMOGGA - 577 201.
2. THE NEW INDIA ASSURANCE
CO. LTD., REGIONAL OFFICE AT
NO.9/2, MAHALAKSHMI CHAMBERS,
M.G. ROAD, BENGALURU - 560 001
BY ITS MANAGER.
CHANNAVEERAPPA D. SURAD
S/O LATE DODDABASAPPA
MAJOR
DEAD LR'S BY WIFE OF THE
-2-
NC: 2026:KHC:16487
MFA No. 9885 of 2018
HC-KAR
DECEASED CHANNAVEERAPPA D. SURAD.
3. SMT. NARASAMMA
W/O CHANNAVEERAPPA D. SURAD
MAJOR
H.NO.34, VARADAHALLI VILLAGE
HAVERI TALUK, HAVERI DISTRICT.
4. SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.3, 8/5, NEXT TO KAMATH
COMMERCIAL STREET
NEAR SHIVAJINAGAR
BENGALURU 01
BY ITS MANAGER.
...RESPONDENTS
(BY SMT. MANJULA N TEJASWI, ADV., FOR R-2;
SRI A.N. KRISHNASWAMY, ADV., FOR R-4;
NOTICE TO R-1 & 3 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 24.08.2018 PASSED IN MVC NO.
1293/2016 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES
JUDGE & XX ACMM, & MEMBER MACT, BENGALURU, [SCCH-24],
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.IN TIME.C.F.
SUFFICIENT.OFFICE OBJECTIONS ARE COMPLIED.SRIYUTHS. P S
KAILAS SHANKAR, ADV. FOR APPELLANT.POST MFA BEFORE COURT
(SJ) FOR ADMISSION.BSU.19.02.2019
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-claimant seeking
enhancement of compensation being aggrieved by the
judgment and award dated 24.08.2018 passed in MVC
No.1293/2016 by the Court of XXII Addl. Small Causes
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Judge & XX Addl. Chief Metropolitan Magistrate & MACT,
Bengaluru (SCCH-24), (for short, 'Tribunal').
2. Though this appeal is listed for admission, with
consent of the learned counsel for the parties, it is taken
up for final disposal.
3. Sri Kailas Shankar, learned counsel for the
appellant submits that the appellant has sustained crush
injuries in the road accident and he was provided
treatment as inpatient for a period of 53 days. Due to the
accidental injury, he has sustained disability to the extent
of 30% to the whole body. However, the Tribunal has not
awarded any compensation under the head of loss of
future income due to disability on the ground that he
continued with his employment. It is submitted that
award of compensation by the Tribunal on the head of pain
and suffering, loss of amenities and food, attendant and
conveyance charges, are very meager, and no
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HC-KAR
compensation is awarded under the head of loss of income
during laidup period. Hence, he seeks to allow the appeal.
4. Per contra, Smt. Manjula N.Tejaswi, learned
counsel for respondent No.2 and Sri A.N.Krishnaswamy,
learned Counsel for respondent No.4 supports the
impugned judgment and award of the Tribunal and
submits that the appellant is not entitled for any
compensation under the head of disability as he continued
in his job in the said employment and his medical bills
have been reimbursed. It is submitted that award of
compensation by the Tribunal on all other heads is just
and proper and there is no scope for interference. Hence,
they seek to dismiss the appeal.
5. I have heard the arguments of the learned
counsel for the appellant, the learned counsel for the
respondent and meticulously perused the material
available on record.
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HC-KAR
6. The only point that would arise for
consideration in this appeal is:
"Whether the impugned judgment and
award passed by the Tribunal calls for any
interference?"
7. The parties to the proceedings do not dispute
that in a road accident dated 13.06.2013, the appellant
sustained grievous injuries and the Insurance Companies
are liable to pay the compensation. The records indicate
that the appellant was provided treatment at Government
Hospital, Haveri, at Punya Hospital, Channarayapatna, and
thereafter Kokilaben Dhirubai Ambani Hospital, Mumbai.
The appellant was inpatient for a period of 53 days. The
contention of the appellant is that the Tribunal ought to
have awarded compensation under the head of loss of
income due to disability. The said contention is rejected,
as the appellant has been continued in his employment
and no material is produced to prove loss of any income.
Considering the aforesaid aspects of the matter, I am of
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the considered opinion that the compensation awarded by
the Tribunal under different heads are required to
modified. Thus, the appellant would be entitled to modified
compensation as under:
HEADS AMOUNT
(in Rs.)
Pain & suffering 90,000/-
Medical expenses 12,773/-
Loss of amenities 1,25,000/-
Conveyance, food, nourishment and 55,000/-
attendant charges
Total 2,82,773/-
8. The contention of the appellant that the
appellant is entitled for compensation under the head of
loss of income during laidup period cannot be considered
as there is no evidence on record to come to the
conclusion that the appellant has not received salary for
the laidup period. In the absence of any evidence, the
said contention cannot be considered.
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HC-KAR
Thus, the appellant-claimant shall be entitled to a
total compensation of Rs.2,82,773/- as against
Rs.2,02,773/- awarded by the Tribunal.
9. In the result, this Court proceeds to pass the
following:
ORDER
a) The appeal is allowed in part.
b) The impugned judgment and award dated
24.08.2018 passed by the Tribunal in
M.V.C.No.1293/2016 is modified to an extent
that the appellant-claimant would be entitled to
total compensation of Rs.2,82,773/- as
against Rs.2,02,773/- awarded by the Tribunal.
c) The enhanced compensation shall carry interest
at the rate of 6% p.a. from the date of petition
till realisation.
d) The respondent-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 the certified copy of this judgment.
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e) The rest of the judgment and award of the
Tribunal with respect to apportionment, deposit
and release shall remain unaltered.
f) Registry shall transmit the records to the
Tribunal forthwith.
g) Draw modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
KK
