Sri. Subbaraje Urs. H. S v. Sri. Karthik. C. N

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 3889 OF 2022 (MV-I) BETWEEN:

SRI. SUBBARAJE URS. H.S. S/O. SRI. SHANKARA SUBRAMANYA RAJE URS, AGED ABOUT 55 YEARS, R/AT D.NO. 270, SIDDALINGESHWARA LAYOUT, 2ND STAGE, KOPPALURU VILLAGE, MYSURU. …APPELLANT (BY SRI. SRIKANTH REDDY B.S., ADVOCATE FOR SRI. MANMOHAN P N.,ADVOCATE)

AND:

¶1SRI. KARTHIK. C. N. S/O. SRI. NANJUNDAIAH, AGED ABOUT 30 YEARS, R/AT NO. D. NO. 12, 4TH CROSS, K.R. VANAM, ASHOKAPURAM, MYSORE-570 008.

¶2SRI. NANJUNDAIAH. D S/O. SRI. DEVAPPA, MAJOR, R/AT NO. D. NO. 12, 4TH CROSS, K.R. VANAM, ASHOKAPURAM, MYSORE-570 008.

Location: HIGH COURT OF KARNATAKA NC:(2025:KHC:52850( MFA(No.(3889(of(2022( ( , ,,HC-KAR( ( (

3., M/S.,NATIONAL,INSURANCE,CO.,LTD.,, STNO.371,A,,1 ,FLOOR,, PRESTIGE,SHOPPING,ARCADE,, RAMASWAMY,CIRCLE,, MYSURU-570,024., …RESPONDENTS, (BY,MS.,KUSHI,,ADVOCATE,,FOR,, ,,,,,,SRI.,RAVISH,BENNI,,ADVOCATE,FOR,R3,, ,,,,,,R1,AND,R2,SERVED,AND,UNREPRESENTED), , , THIS,MFA,IS,FILED,U/S,173(1),OF,MV,ACT,AGAINST,THE, JUDGMENT, AND, AWARD, DATED, 20.11.2021, PASSED, IN, MVC, NO.,303/2019,ON,THE,FILE,OF,THE,IV,ADDITIONAL,DISTRICT, JUDGE, AND, MACT,, MYSURU,, PARTLY, ALLOWING, THE, CLAIM, PETITION,FOR,COMPENSATION,AND,SEEKING,ENHANCEMENT, OF,COMPENSATION.,,,,, , THIS, APPEAL,, COMING, ON, FOR, FINAL, HEARING,, THIS, DAY,,JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,UMESH,M,ADIGA, , ORAL(JUDGMENT( This, appeal, is, filed, by, the, claimant, challenging, the, judgment,and,award,dated,20.11.2021,passed,by,the,,IV, Additional, District, Judge, and, MACT,, Mysuru, (for, short, `Tribunal'),,,in,MVC,No.303/2019,,seeking,enhancement, of,compensation.,, ,

2., , For, the, sake, of, convenience,, the, parties, are, referred,to,as,per,their,ranking,before,the,Tribunal.,,

¶3The brief facts of the case are that, on

23.10.2018 at about 9.00 p.m, the claimant met with an accident at V.V.Mohalla, KRS double road, near Railway quarters compound, Mysuru due to rash and negligent riding of motor cycle bearing registration No.KA-09-EC-8541 as a consequence claimant sustained fractures to his left leg. He underwent surgery and he has suffered permanent disability. With these reasons, prayed to award compensation of Rs.6,26,061/-.

¶4The respondent No.1 was the rider, respondent No.2 was the owner and respondent No.3 was the insurer of the offending motorcycle. All the three respondents have appeared before the Tribunal and denied the petition averments and respondent Nos.1 and 2 have stated that the said vehicle was insured with respondent No.3 and it is liable to pay the compensation. Respondent No.3 denied its liability to pay the compensation and prayed to dismiss the claim petition.

¶5From the rival contentions of the parties, the Tribunal framed necessary issues.

¶6The claimant to prove his case, examined two witnesses as PW-1 and PW-2 and marked 25 documents, as per Exs.P-1 to P-25. Respondents have not lead any oral or documentary evidence.

¶7The Tribunal after hearing both parties and appreciating the evidence on record, by the impugned judgment, awarded the following amount of compensation: Particulars Amount in Rs. Pain and suffering 30,000 Medical expenses 70,000 Disability 75,000 Future medical expenses 25,000 Food and nourishment 20,000 Attendant and traveling expenses 20,000 Loss of amenities 25,000 Total 2,65,000

Being aggrieved by the said award passed by the Tribunal, the claimant has filed the present appeal seeking enhancement of compensation.

¶8Heard the arguments of the learned counsel appearing for the claimant as well as the insurer.

¶9Learned counsel for the appellant/claimant contended that the compensation awarded by the Tribunal under the head pain and suffering, disability, future medical expenses, loss of amenities are on the lower side. Hence, prayed for enhancement of the compensation.

¶10Learned counsel for respondent No.3-insurer submitted that the Tribunal has properly considered the case of the claimant and has awarded a just and reasonable compensation, which does not call for any interference by this Court and prayed for dismissal of the appeal.

¶11Fact of the accident is not in dispute. The injuries sustained by him, his income, age, multiplier are also not in serious dispute in this appeal and there is no need to reconsider the same.

¶12The claimant had sustained fracture of both the bones of right leg i.e. right tibia and fibula. He underwent surgery. He took treatment as in-patient for four days. He is a permanent employee in Mandovi motors. According to PW-2 claimant has suffered permanent disability at 40% to the whole body and also stated that he had to undergo another surgery for removal of implant for which he has to bear expenses.

¶13Learned counsel for the appellant further contend that for a period of two months he has taken bed rest and has not attended office, as a result he has suffered loss of earnings for a period of two months. However, no records are produced to that effect. Hence, his contention in this regard is not believable.

¶14On re-appreciating the materials available on record and considering the evidence of PW-2, the amount of compensation awarded under the head of loss of amenities is on the lower side. PW-2 has also stated about

the restrictions of movement. Since he is permanent employee, the Tribunal has not awarded compensation under the head loss of 'Future earning capacity due to permanent disability. On re-appreciating of the material available on record, the compensation paid under the head pain and suffering, future medical expenses and loss of amenities are on lower side, which requires to be enhanced.

¶15Accordingly, the claimant is entitled for following amount of compensation: Particulars Amount in Rs. Pain and suffering 40,000 Medical expenses 70,000 Future medical expenses 40,000 Food and nourishment 20,000 Attendant and traveling expenses 20,000 Loss of amenities 1,00,000 Loss of future earning capacity due to permanent disability 75,000 Total 3,65,000 Amount awarded by the Tribunal 2,65,000 Enhancement 1,00,000

The claimant is entitled to interest at the rate of 6% p.a. from the date of petition till the date of realisation.

¶16Respondents are jointly and severally liable to pay the said amount of compensation.

¶17In the result, I proceed to pass the following: ORDER

i) The Appeal is allowed in part.

ii) The judgment and award dated

20.11.2021, passed by the IV Additional District Judge and MACT, Mysuru in MVC No.303/2019 stands modified.

iii) The claimant is entitled to enhanced compensation of Rs.1,00,000/- with interest at the rate of 6% p.a., from the date of petition till its realization, future medical expenses does not carry interest.

iv) The respondent No.3 - Insurance Company shall deposit the amount within a period of six weeks from the date of award.

v) The remaining portion of the award of the Tribunal shall remain unaltered.

vi) Amount enhanced is marginal, therefore, entire enhanced amount is ordered to be released in favour of the claimant on due identification.

vii) Draw award accordingly. Registry is directed to send a copy of this judgment to the concerned Tribunal.

Sd/- (UMESH M ADIGA) JUDGE

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