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Karnataka High Court
Krishnappa vs United India Insurance Co Ltd on 24 March, 2026
-1-
NC: 2026:KHC:16490
MFA No. 2978 of 2020
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. 2978 OF 2020 (MV-I)
BETWEEN:
KRISHNAPPA
S/O LATE MARAPPA
AGED ABOUT 57 YEARS
R/AT NO.45, GIDDENAHALLI ROAD
MAHIMANNINA PALYA
KADABAGERE BANGALORE - 560 032.
...APPELLANT
(BY SRI P. SURESH, ADV.)
AND:
1. UNITED INDIA INSURANCE CO LTD
BENGALURU REGIONAL OFFICE
T.P. HUB, KRISHI BHAVAN BUILDING
6TH FLOOR, NRUPATHUNGA ROAD
NEAR HUDSON CIRCLE
BANGALORE - 560 001
REPT BY ITS IN CHARGE MANAGER.
Digitally signed
by NANDINI M 2. MAHAMADA RAPHIK S ATTAR
S MAJOR IN AGE
Location: HIGH SAIKALAGAR ONI RANNEBENNUR TQ
COURT OF
KARNATAKA HAVERI - 581 213
(OWNER OF THE VEHICLE)
3. BHAGYAMMA
D/O HATTIGOWDA
MAJOR IN AGE
R/AT NO.444, 7TH CROSS
OPP RASHI RESIDENCY
PADMAVATHI SEEGEHALLI
KODIGEHALLI, BANGALORE - 560 001.
...RESPONDENTS
(BY SRI B.C. SHIVANNE GOWDA, ADV., FOR R-1;
NOTICE TO R-2 & R-3 ARE DISPENSED WITH
-2-
NC: 2026:KHC:16490
MFA No. 2978 of 2020
HC-KAR
V/O DTD:24.03.2026)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED. 17.10.2019, PASSED IN MVC
NO.4918/2018, ON THE FILE OF THE XXI AND XI ADDITIONAL
SMALL CAUSES AND ADDITIONAL MACT, BENGALURU (SCCH-23),
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, 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 17.10.2010 passed in MVC
No.4918/2018 by the Court of XXI & XI Addl. Small
Causes & Addl. MACT, Bengaluru (SCCH-23), (for short,
'Tribunal').
2. Though this appeal is listed for orders, with
consent of the learned counsel for the parties, it is taken
up for final disposal.
3. Sri P.Suresh, learned counsel for the appellant
submits that the Tribunal has committed a grave error in
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HC-KAR
assessing the income and disability of the injured
appellant contrary to the evidence on record. It is
submitted that award of compensation by the Tribunal
under the head of loss of amenities, loss of income during
laidup period is meager, and no compensation is awarded
under the head - conveyance, food, attendant's charges,
etc., which is included in the medical bills which is
impermissible. Hence, he seeks to enhance the
compensation appropriately by allowing the appeal.
4. Per contra, Sri Shivanne Gowda, learned
counsel for respondent No.1 supports the impugned
judgment and award of the Tribunal and submits that the
appellant has failed to produce any evidence regarding
income. It is submitted that PW-3 has deposed that
disability is at 38%. However, he has not spoken with
regard to whole body disability. Hence, the Tribunal was
justified in assessing disability at 20%. It is further
submitted that award of compensation by the Tribunal on
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all other heads is just and proper and there is no scope for
interference. Hence, he seeks 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.
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 27.03.2018, the appellant
had sustained grievous injuries and he was provided
treatment at Sri Lakshmi Multi Speciality Hospital,
Bengaluru. In order to prove the claim, the injured
examined himself as PW-1 and also got examined PW-3 -
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Neurosurgeon and got marked Exs.P-1 to P-20 in his
evidence.
8. The Tribunal assessed the income of the
appellant at Rs.9,000/- per month and assessed the
disability at 20%. In so far as the income of the injured is
concerned, admittedly no proof of income is placed on
record. Hence, his income is re-assessed at Rs.12,500/-
per month placing reliance on the notional income chart
prepared by KSLSA.
9. In so far as the disability is concerned, the
injured has got examined PW-3 - Dr. Srihari,
Neurosurgeon, who has categorically stated that the
appellant has sustained the following injuries:
"Bone deep laceration over right forehead
measuring 3 x 2 cms. CT head shows right
parietal SDH & SAH with nasal bone fracture.
Laceration over upper lip measuring 2 x 1 cms
and abrasion over right knee joint measuring 2
x 2 cms."
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10. The oral testimony of PW-3 and the wound
certificate at Ex.P-6 indicate the aforesaid injuries. The
appellant was an inpatient for a period of 10 days and post
discharge also underwent treatment. Considering the
nature of injury suffered and treatment provided, I am of
the considered opinion that ends of justice would be met if
the disability is assessed at 22% to the whole body for the
purpose of determination of compensation.
11. Having re-assessed the income and disability
and taking note of the fact that the appellant has suffered
head injury and provided treatment, the compensation
under all the heads are required to be re-assessed, and
accordingly they are re-assessed as under:
HEADS AMOUNT
(in Rs.)
Loss of future income (12,500/- x 12 x 3,63,000/-
11 x 22%)
Pain & suffering 50,000/-
Loss of income during laid up period 37,500/-
(12,500/- x 3)
Medical Expenses 1,75,000/-
Future medical expenses 10,000/-
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Loss of amenities 40,000/-
Food, nourishment, attendant charges, 25,000/-
etc.
Total 7,00,500/-
Thus, the appellant-claimant shall be entitled to a
total compensation of Rs.7,00,500/- as against
Rs.5,24,600/- awarded by the Tribunal.
12. 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
17.10.2010 passed by the Tribunal in
M.V.C.No.4918/2018 is modified to an extent
that the appellant-claimant would be entitled to
total compensation of Rs.7,00,500/- as
against Rs.5,24,600/- 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.
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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.
e) The rest of the judgment and award of the
Tribunal with respect to apportionment, deposit
and release shall remain unaltered.
f) Draw modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
KK
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