[Cites 0, Cited by 0]
Karnataka High Court
Ramesh S/O Late Sangappa vs Express Roadways Pvt Ltd on 24 March, 2026
-1-
NC: 2026:KHC:16537
M.F.A. No.1683/2020
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.1683/2020 (MV-I)
BETWEEN:
RAMESH S/O LATE SANGAPPA
AGED 42 YEARS
OCC: BUSINESS
OWNER AND DRIVER OF MARUTHI
OMNI VEHICLE BEARING
Digitally signed REG NO.KA-17/P-3615
by ARSHIFA PERMANENT R/O HANAGAWADI VILLAGE
BAHAR
KHANAM HARIHARA TALUK-577 601
Location: HIGH DAVANAGERE DISTRICT.
COURT OF
KARNATAKA ...APPELLANT
(BY SRI. R. SHASHIDHARA, ADV.,)
AND:
1. EXPRESS ROADWAYS PVT LTD
KAMLAGUPTHA, R/AT NO.5-64/182
S.NO.603,PASAMAMLA
PEDDAAMBERPET VILLAGE
HAYATHNAGARA
TELANGANA-500 070
II ADDRESS
EXPRESS ROADWAYS PVT. LTD.
PLOT NO.1, 9TH BLOCK NO.42
DOUBLE ROAD, AUTONAGAR
HYDRABAD-500070
ANDRA PRADESH.
-2-
NC: 2026:KHC:16537
M.F.A. No.1683/2020
HC-KAR
2. THE MANAGER
DHDFC ERGO
GENERAL INSURANCE CO. LTD.
2ND, 4TH FLOOR
BEING OFFICE, NO.401 AND 402
KUCHIKULLA HOUSE
IN HIMAYATHNAGARA
HYDRABAD-500 070
ANDRA PRADESH.
...RESPONDENTS
(BY SRI. H.S. LINGARAJ, ADV., FOR R2
V/O/DTD:04.01.2023, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 20.08.2019 PASSED IN MVC
NO.71/2018 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND JMFC, VI MACT, DAVANAGERE, 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 appellant
challenging the judgment and award dated 20.08.2019
passed in MVC.No.71/2018 by the II Additional Senior Civil
Judge and VI MACT, Davanagere, (for short 'the Tribunal').
NC: 2026:KHC:16537
HC-KAR
2. Though this appeal is listed for admission, with
the consent of the learned counsel for the parties, it is
taken up for final disposal.
3. Sri.R.Shashidhara, learned counsel appearing
for the appellant submits that the Tribunal has committed
a grave error in assessing the income of the injured
appellant at Rs.9,000/- per month, hence he seeks to
reassess the same at Rs.11,000/- per month as per the
notional income chart prepared by the KSLSA. It is
submitted that the Tribunal has awarded meager
compensation under the heads of pain and suffering, loss
of amenities and other conventional heads, hence he
seeks to reassess the same and enhance the
compensation by considering the oral and documentary
evidence available on record. Accordingly, he seeks to
allow the appeal.
4. Per contra, Sri.H.S.Lingaraj, learned counsel for
respondent No.2 supports the impugned judgment and
NC: 2026:KHC:16537
HC-KAR
award of the Tribunal and submits that the appellant has
failed to produce the evidence with regard to his income.
In the absence of such proof, the Tribunal has rightly
assessed the income at Rs.9,000/- per month, considered
the disability at 5% and awarded just and reasonable
compensation. It is submitted that there is no scope for
enhancement of compensation. Accordingly, he seeks to
dismiss the appeal.
5. I have heard the arguments on both the sides
and meticulously perused the material on record.
6. The parties to the proceedings do not dispute
that the appellant met with a road accident on 12.04.2017
and sustained comminuted fracture of 5th Metacarpal bone
of left hand. The records indicate that there were internal
fixation with K wire to the left hand and the doctor opined
that the appellant has developed deformity around 5th
Metacarpal region causing weak grip strength and
restriction in movement. The Tribunal has therefore,
NC: 2026:KHC:16537
HC-KAR
assessed the disability at 18%. The Tribunal, taking into
consideration the nature of injuries and the treatment
provided, assessed the disability at 5% to the whole body.
However, considering the evidence of PW4, 1/3rd of the
18% would be 6%. Accordingly, this Court reassesses the
disability at 6% to the whole body. Admittedly, no
evidence has been produced with regard to the income of
the injured appellant, hence his income is notionally
assessed at Rs.11,000/- per month by placing reliance on
the notional income chart prepared by the KSLSA. It is not
in dispute that the claimant was aged about 41 years at
the time of the accident; therefore, the appropriate
multiplier would be 14, which has been rightly considered
by the Tribunal. Having reassessed the income and
disability of the appellant/claimant, the appellant/claimant
is entitled to compensation under the head of loss of
future income due to disability as under:
Rs.11,000 X 12 X 14 X 6% = Rs.1,10,880/-.
NC: 2026:KHC:16537
HC-KAR
7. The Tribunal awarded a sum of Rs.41,031/-
towards medical expenses, which is unaltered. However,
taking note of the oral evidence of appellant/claimant, the
testimony of PW4, and other medical evidence available on
record, I am of the considered view that the compensation
awarded by the Tribunal under other heads is required to
be reassessed by appropriately enhancing the same.
Accordingly, The appellant is entitled to the modified
compensation as under:
HEADS AMOUNT
(in Rs.)
Pain & suffering 40,000
Loss of amenities 40,000
Medical expenses 41,031
Loss of income during laid-up period 33,000
(Rs.11,000 X 3)
Loss of future income due to disability 1,10,880
Towards conveyance, attendant charges, 20,000
food and nourished food
Total 2,84,911
Thus, the appellant-claimant shall be entitled to total
compensation of Rs.2,84,911/- as against Rs.1,50,631/-
awarded by the Tribunal.
NC: 2026:KHC:16537
HC-KAR
8. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal stands 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
total compensation of Rs.2,84,911/- as
against Rs.1,50,631/- 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.
NC: 2026:KHC:16537
HC-KAR
e) On such deposit, the Tribunal shall release
the entire enhanced compensation
amount in favour of the appellant.
f) Draw modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
ABK
List No.: 1 Sl No.: 14
