Sri H Kumar v. Sri Ramesh K

Judgment and Award.

¶12P.W.2 - Doctor who examined the claimant and assessed his disability and stated that the claimant is having 62% disability of lower limb and 21% to the whole body. The claimant in his evidence has stated that, he has

sustained grievous injury and he is not able to walk without clutches. Considering the said aspect, compensation awarded towards pain and suffering and loss of amenities are on lower side.

¶13The claimant has been admitted in hospital for seventeen days and considering same, compensation awarded for attendant, conveyance charges, food and nourishment etc., requires to be enhanced. The Tribunal has awarded loss of income during laid up period for three months and considering the injury sustained by him and disability suffering, the claimant is entitled to loss of income during laid up period for four months.

¶14Considering all these aspects, the claimant is entitled to enhanced global compensation of Rs.75,000/- with interest at the rate of 6% per annum from the date of petition till realisation.

¶15The pay and recovery order passed by the Tribunal remains unaltered.

¶16Respondent No.2/insurer shall pay enhanced global compensation with interest at the rate of 6% per annum from the date of petition till realisation.

¶17In view of the above, the following: ORDER

i) Miscellaneous First Appeal is allowed-in-part.

ii) The appellant/claimant is entitled to enhanced global compensation of Rs.75,000/- with interest at the rate of 6% per annum from the date of petition till realisation.

iii) Respondent No.2/insurer shall deposit the enhanced global compensation amount with interest before the Tribunal within a period of six weeks from this day and recover the same from respondent No.1/owner of the vehicle.

iv) The claimant is entitled to release of entire enhanced global compensation with interest.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

KLV List No.: 1 Sl No.: 41

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 408 OF 2024 (MV-I) BETWEEN: SRI. H. KUMAR S/O HANUMANTHAPPA, AGED ABOUT 37 YEARS, R/O. ANGANAVADI UPPARAHATTI VILLAGE, R/O. MUDLABOVIHATTI VILLAGE, JANKAL POST, HOSADURGA TALUK, NOW R/O. C'O THIMMABOVI, MEDEHALLI VILLAGE, CHITRADURGA TALUK - 577 501. …APPELLANT (BY SMT. DEEPU B.M., ADVOCATE FOR SRI. B PRAMOD., ADVOCATE) AND: 1. SRI. RAMESH K. S/O REVANASIDDAPPA, MAJOR, OWNER OF CAR BEARING REG NO.KA 66 M 2388 R/O DASARAHALLI VILLAGE, ANTHRAGATTA POST, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 547. 2. THE BRANCH MANAGER IFFCO TOKIYO GENERAL INSURNACE CO. LTD., BRANCH OFFICE 1ST FLOOR, Location: HIGH COURT OF KARNATAKA OPP: SBI BANK, JCR MAIN ROAD, CHITRADURGA TOWN - 577 501. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. C. SHANKARA REDDY, ADVOCATE FOR R2; SRI. SUMANTH L. BHARADWAJ, ADVOCATGE FOR R1) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.09.2023 PASSED IN MVC NO.85/2022 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MACT NO.IV, CHITRADURGA, 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 SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 23.09.2023 passed in MVC No.85/2022 by I Additional Senior Civil Judge and Additional MACT-IV, Chitradurga. 2. Even though the matter is listed today for admission, with the consent of both the learned counsel for appellant, learned counsel for respondent No.1 and learned counsel for respondent No.2/insurer, the matter is taken up for disposal. 3. The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident occurred on 23.09.2021 contending that the accident occurred due to rash and negligent driving by the driver of Car bearing registration No.KA-66/M-2388. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed compensation and awarded compensation under various heads as under: Sl. No. Particulars Amount 1. Loss of income due to disability Rs. 6,04,800/- 2. Pain & Suffering Rs. 50,000/- 3. Medical expenses Rs. 78,535/- 4. Loss of income during laid- up period (calculated for three months) Rs. 45,000/- 5. Food and nourishment Rs. 10,000/- 6. Loss of amenities Rs. 20,000/- 7. Attendant charges, conveyance etc., Rs. 10,000/- 8. Future medical expenses 20,000/- Total Rs. 8,38,335/- 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realization. 6. The Tribunal has passed an order for pay and recovery and directed respondent No.2/insurer to deposit the award amount with interest and recover the same from respondent No.1/owner of the vehicle. The claimant has filed the present appeal seeking enhancement of compensation. 7. Heard the learned counsel for appellant, learned counsel for respondent No.1 and learned counsel for respondent No.2/insurer. 8. Learned counsel for appellant would contend that, the claimant has sustained grievous injuries and P.W.2 - Doctor has stated that there is a disability to the extent of 62% of lower limb and 21% to the whole body. Considering the said aspect, the compensation awarded for pain and suffering and loss of amenities are on lower side. The claimant has been admitted in hospital for seventeen days and considering the same, the compensation awarded for attendant and conveyance charges and loss of income during laid up period are on lower side. With these, she prayed to allow the appeal and enhance the compensation. 9. Learned counsel for respondent No.2/insurer would co