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Karnataka High Court

Sri Mahesha vs Smt. Manjula on 24 March, 2026

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                                                            NC: 2026:KHC:16533
                                                        M.F.A. No.3606/2020


                   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.3606/2020 (MV-I)


                   BETWEEN:

                   SRI. MAHESHA
                   S/O MAHALINGAIAH
                   AGED ABOUT 46 YEARS
                   R/O YACHANAGATTA
                   NUGGEHALLY HOBLI
                   CHANNARAYAPATNA TALUK
Digitally signed   NOW R/O C.O NATARAJU
by ARSHIFA         NO.192, 3RD CROSS
BAHAR KHANAM       VIJAYANAGARA
Location: HIGH     NEAR JAGANATHA CHOULTRY
COURT OF           TUMAKURU-560032.
KARNATAKA
                                                                  ...APPELLANT
                   (BY SRI. RAMESH KUMAR R.V. ADV.,)


                   AND:

                   1.    SMT. MANJULA
                         W/O JAGADEESHA
                         AGED ABOUT 40 YEARS
                         R/O NO.2, KENKERE, ARSIKERE TALUK
                         HASSAN DISTRICT-572192
                         (R.C OWNER OF OFFIENDING VEHICLE
                         BEARING REG NUMBER KA-13-EK-4011)
                         (PLACED EX PARTE).

                   2.    THE MANAGER
                         IFFCO TOKIYO GENERAL INS CO LTD.
                         1ST FLOOR, BNR ARCADE
                                -2-
                                               NC: 2026:KHC:16533
                                             M.F.A. No.3606/2020


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    AYAPPA TEMPLE ROAD
    JALAHALLI CROSS , PEENYA
    BENGALURU-560087.

                                                  ...RESPONDENTS
(BY SRI. B.C. SHIVANNE GOWDA, ADV., FOR R2)


     THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.01.02.2020 PASSED IN MVC
NO.728/2018 ON THE FILE OF THE VI ADDITIONAL DISTRICT
AND SESSIONS JUDGE, TUMAKURU, 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 01.02.2020

passed in MVC.No.728/2018 by the VI Additional District &

Sessions Judge, Tumakuru, (for short 'the Tribunal').

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.

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3. Sri.Ramesh Kumar R.V., 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.8,000/- per month and in awarding

meager compensation under the heads of pain and

suffering, loss of amenities and other conventional heads.

It is submitted that though PW2 has opined that the

appellant would require a minimum amount of Rs.40,000/-

towards future medical treatment; however, the Tribunal

has awarded only Rs.20,000/-. Accordingly, he seeks to

allow the appeal.

4. Per contra, Sri.B.C.Shivanne Gowda, learned

counsel for respondent No.2 supports the impugned

judgment and award of the tribunal and submits that the

appellant has sustained only a fracture of the tibia and for

such an injury, there cannot be any future medical

expenses of Rs.40,000/-. It is submitted that the Tribunal,

considering the evidence on record, has awarded just and

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reasonable compensation and there is no scope for

enhancement. Accordingly, he seeks to dismiss the appeal.

5. I have heard the arguments on both the sides

and meticulously perused the material available on record

including the Tribunal records.

6. The parties to the proceedings do not dispute

that the appellant met with a road accident on 24.12.2017

and sustained following injuries:

"i) Deformity, swelling right knee joint - compound fracture upper third right tibia as opinion given by orthopedic surgeon, Adithya Trauma Center, Tumakuru.

ii) Cut lacerated wound over anterior part of right medial malleous.

iii) Cut lacerated wound b/w 3rd and 4th toe at right foot. Edges irregular, bleeding present."

7. In order to substantiate the claim, the injured

appellant examined himself as PW1 and also examined

Dr.Thyagaraju as PW2 and got marked Ex.P1 to Ex.P14.

The respondent did not adduce any evidence. Considering

the oral evidence of PW2 and other medical evidence

available on record, the Tribunal assessed the disability at

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13%. In my view, the same is in accordance with the

evidence on record and does not call for any modification.

Admittedly, the appellant has not produced any proof to

establish his income at Rs.12,000/- per month from his

bakery work. In the absence of such proof, his income is

notionally reassessed at Rs.11,000/- per month by placing

reliance on the notional income chart prepared by the

KSLSA. It is also not in dispute that the claimant was aged

about 47 years at the time of the accident; hence, the

appropriate multiplier would be 13, which has been rightly

considered by the Tribunal. Having reassessed the income

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 13 X 13% = Rs.2,23,080/-.

8. The award of compensation by the Tribunal

under the heads of medical expenses and attendant, food,

nourishment charges etc., remains unaltered. The Tribunal

considering the nature of injuries sustained, the treatment

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provided and the oral evidence of PW2 was fully justified in

awarding compensation of Rs.20,000/- under the head of

future medical expenses which does not call for any

interference. However, taking note of the oral and

documentary evidence on record and considering the fact

that the appellant was hospitalized as an inpatient for

nearly 12 days and underwent treatment for the aforesaid

injuries, 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                                             45,000
    Loss of amenities                                           45,000
    Medical expenses                                            76,341
    Loss of income during laid-up period                        33,000
    (Rs.11,000 x 3)
    Loss of future income due to disability                   2,23,080
    Towards conveyance, attendant charges,                      25,000
    food and nourished food
    Future medical expenses                                      20,000
                        Total                                 4,67,421

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Thus, the appellant-claimant shall be entitled to total

compensation of Rs.4,67,421/- as against Rs.3,62,000/-

awarded by the Tribunal.

9. 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.4,67,421/- as

against Rs.3,62,000/- 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

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accrued interest before the Tribunal within

a period of six weeks from the date of

receipt of certified copy of this judgment.