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Karnataka High Court
Sri. Shravan A C vs K Shobitha Rao on 24 March, 2026
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NC: 2026:KHC:16614
MFA No. 3183 of 2019
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. 3183 OF 2019 (MV-I)
BETWEEN:
SRI SHRAVAN A C
S/O SHREEHARI A.C.
AGED ABOUT 20 YEARS
R/O CHEENADI HOUSE
ADOOR VILLAGE
KASARAGODU TALUK & DIST
KERALA STATE.
...APPELLANT
(BY SRI HALEEMA AMEEN, ADV., FOR
SRI ASHOK KUMAR SHETTY K, ADV.)
AND:
1. K. SHOBITHA RAO
D/O K.V. KESHARI
MAJOR
R/AT KOLANDOOR HOUSE
KODIMBALA VILLAGE
KADABA POST, PUTTUT TQ D.K.
Digitally signed
by NANDINI M S
Location: HIGH
2. THE BRANCH MANAGER
COURT OF UNITED INSURANCE CO. LTD
KARNATAKA PRABHU BUILDING
MAIN ROAD, PUTTUR D.K.
...RESPONDENTS
(BY SRI Y.P. VENKATAPATHI, ADV., FOR R-2;
R-1 SERVED & UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED19.11.2018 PASSED IN MVC
NO.372/2018 ON THE FILE OF THE V ADDITIONAL DISTRICT AND
SESSIONS JUDGE & MEMBER, ADDITIONAL MACT, D.K, MANGALURU,
SITTING AT PUTTUR, D.K, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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NC: 2026:KHC:16614
MFA No. 3183 of 2019
HC-KAR
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 19.11.2018 passed in MVC
No.372/2018 by the Court of V Addl. District & Sessions
Judge & Member, Addl. MACT, D.K. Mangaluru, sitting at
Puttur, D.K., (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. Smt. Haleema Ameen, learned counsel for the
appellant submits that the Tribunal has committed a grave
error in not awarding any compensation under the head of
loss of future income due to disability which is assessed at
10% to the whole body. It is submitted that the injured
who was a MBBS student had sustained grievous injuries
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HC-KAR
in the road accident and suffered disability. He was treated
as an inpatient for a period of six days in the hospital.
Hence, she seeks to award just compensation by
enhancing the compensation on other heads. Accordingly,
she prays to allow the appeal.
4. Per contra, Sri Venkatapathi, learned counsel
for respondent No.2 supports the impugned judgment and
award of the Tribunal and submits that the appellant was a
student of SDM Medical College, Dharwad, and pursuing
his education. Hence, there is no loss in his education, and
therefore, he would not be entitled for compensation
under the head of loss of income due to disability. He
submits that award of compensation on all other heads is
just and proper. 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
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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 material on record would indicate that in a
road traffic accident that occurred on 28.01.2018, the
appellant had sustained the following injuries:
(i) Fracture lower 1/3rd of the right radius
bone;
(ii) Sublaxation of the MCP joints of the 2nd &
3rd.
8. The appellant was provided treatment at
Adarsha Hospital, Puttur, and he was inpatient in the said
hospital from 28.01.2018 to 02.02.2018 and post
discharge he was required to take follow-up treatment. In
order to prove the claim, the injured examined himself as
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HC-KAR
PW-1 and got examined two witnesses as PW-2 & PW-3
and got marked Exs.P-1 to P-18. On behalf of the
respondent, the insurance policy was got marked as
Ex.R-1.
9. The parties to the proceedings do not dispute
the accident, the injuries sustained and the liability to pay
the compensation. Perusal of the oral testimony of PW-2 &
PW-3 and other medical records would indicate that the
appellant has sustained fracture of lower 1/3rd of right
radius bone and other injuries. He was provided treatment
as inpatient for a period of six days. PW-2 has deposed
that the appellant had sustained 24.8% permanent
disability in the right upper limb. Considering the same,
the Tribunal has assessed the disability at 10% to the
whole body. In my considered view, the assessment of
disability at 10% does not call for any interference.
10. Admittedly, the appellant was a MBBS student.
Hence, his income has to be notionally assessed at
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HC-KAR
Rs.15,000/- per month and compensation under the head
of loss of future income due to disability is assessed as
under:
Rs.15,000/- x 12 x 18 x 10% = Rs.3,24,000/-
It is to be noticed that though the Tribunal
considered the disability and income, it has erred in
calculation of the loss of income due to disability and only
awarded compensation of Rs.27,000/- which is required to
be re-assessed to the aforesaid affect.
11. Having re-assessed the compensation under the
head of loss of disability, the compensation under the
other heads is required to be re-assessed appropriately.
Thus, the appellant would be entitled to modified
compensation as under:
HEADS AMOUNT
(in Rs.)
Pain & suffering 50,000/-
Medical expenses 53,598/-
Food, nourishment, attendant charges, 20,000/-
etc.
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Loss of future income due to disability 3,24,000/-
Loss of amenities 50,000/-
Loss of income during laidup period 15,000/-
Total 5,12,598/-
Thus, the appellant-claimant shall be entitled to a
total compensation of Rs.5,12,598/- as against
Rs.1,21,600/- 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
19.11.2018 passed by the Tribunal in
M.V.C.No.372/2018 is modified to an extent
that the appellant-claimant would be entitled to
total compensation of Rs.5,12,598/- as
against Rs.1,21,600/- 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) Registry shall transmit the records to the
Tribunal forthwith.
g) Draw modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
KK
List No.: 1 Sl No.: 10
