Mrs. Geetha v. Mr. Balakrishna Bhandarkar

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL N. 3701 OF 2023 (MV-I) BETWEEN:

MRS. GEETHA W/O LATE THANDAVA MURTHY AGE: 43 YEARS R/AT BEHIND AKKAMAHADEVI SCHOOL, BIRUR TOWN KADUR TALUK CHIKKAMAGALURU DISTRICT – 577 548. …APPELLANT

(BY SMT. B N MANJULA, ADVOCATE FOR SRI NAGARAJA R C, ADVOCATE)

AND:

¶1MR. BALAKRISHNA BHANDARKAR S/O SUDHAKARA BANDARKAR AGE: 37 YEARS R/O NEAR LAKSHMI VENKATARAMANA TEMPLE HOSANGADI, KUNDAPURA TALUK UDUPI DISTRICT – 576 201.

¶2MR . SUDHAKARA BANDARKAR S/O SRINIVASA BANDARKAR AGE: 73 YEARS R/O NEAR LAKSHMI

Location: HIGH COURT OF KARNATAKA

VENKATARAMANA TEMPLE HOSANGADI, KUNDAPURA TALUK UDUPI DISTRICT – 576 201.

¶3THE MANAGER THE NEW INDIA ASSURANCE COMPANY LTD., 1ST FLOOR, PUSHPA BUILDING MAIN ROAD KUNDAPURA – 576 201. …RESPONDENTS

(BY SRI ASHOK N PATIL, ADVOCATE FOR SMT. PADMA S UTTUR, ADVOCATE FOR R1, BALAKRISHNA BHANDARKAR – SERVED R2, SUDHAKAR BHANDARKAR – SERVED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.01.2023 PASSED IN MVC No.111/2019 ON THE FILE OF THE MACT AND SENIOR CIVIL JUDGE, KADUR, 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 appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 07.01.2023 passed in MVC No.111/2019 by the Senior Civil Judge and MACT, Kadur, Chikkamagaluru District.

¶2Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellant and learned counsel for respondent No.3/insurer.

¶3The appellant/claimant made a claim petition praying to award compensation for the injuries sustained by her in a road traffic accident occurred on 24.08.2018 contending that the accident occurred due to rash and negligent driving of the driver of 407 Goods Van bearing Regn.No.KA-20-C-617. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Pain and suffering 60,000.00

¶02Medical expenses 4,37,818.00

¶03Incidental expenses 20,000.00

¶04Loss of income during treatment period 50,000.00

¶05Future loss of income due to disability 4,72,500.00

¶06Conveyance 10,000.00

¶07Loss of amenities and happiness 30,000.00

Total 10,80,318.00

¶4The Tribunal also awarded interest @ 7% p.a. from the date of petition till realization and directed respondent No.3 –insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal.

¶5Heard learned counsel for the appellant and learned counsel for respondent No.3/insurer.

¶6Learned counsel for appellant would contend that the claimant has sustained five injuries and out of them four are fractures as per the evidence of CW.1 – Doctor. CW.1 has assessed disability at 61.2% of left lower limb and the Tribunal has rightly taken the disability at 21% to the whole body. Even though the Tribunal has taken disability at 21%, the Tribunal has not taken into consideration future prospects. Considering the injuries sustained the compensation awarded towards pain and suffering, loss of amenities are on lower side. The

claimant has been admitted in the hospital for 15 days. With this she prayed to allow the appeal.

¶7Learned counsel for respondent No.3/insurer would contend that the Tribunal has rightly awarded compensation on all heads and there are no grounds for enhancement.

¶8Having heard the learned counsels, the Court has perused the judgment, award and certified copy of deposition of CW.1 – Doctor produced by the learned counsel for appellant.

¶9The claimant as per evidence of CW.1 – Doctor has sustained the following injuries: • Communited displaced segmental fracture of middle and distal third of femur (L). • Compound comminuted fracture of proximal tibia (L). • Minimally comminuted fracture of inferior pole of (L) patella.

• With extensive soft tissue injury (L) Knee with (L) foot drop (Common peroneal nerve palsy) • Undisplaced Bimallealar fracture of (R) ankle with lacerated wound (R) ankle.

¶10CW.1-Doctor has stated that the claimant is having 61.2% disability of left lower limb and Tribunal has taken 21% disability to the whole body. Even though the Tribunal has taken disability at 21% it has failed to take into consideration future prospects. The claimant is aged 39 years and therefore, future prospects are to be taken at 40%. The Tribunal has rightly applied multiplier '15' and taken notional income at Rs.12,500/-. In view of the above, the loss of future income is calculated as under: Rs.12,500 + 40% (5,000) = Rs.17,500/-Rs.17,500 x 12 x 15 x 21% = Rs.6,61,500/-

¶11Considering the injuries and fractures noted supra, the compensation awarded by the Tribunal for pain and suffering in a sum of Rs.60,000/- requires to be enhanced to Rs.1,20,000/- and loss of amenities awarded

in a sum of Rs.30,000/- requires to be enhanced to Rs.60,000/-. Considering the injuries sustained and that the claimant has been admitted in the hospital for 15 days, the compensation awarded towards loss of income during laid up period in a sum of Rs.50,000/-, conveyance in a sum of Rs.10,000/- and incidental expenses in a sum of Rs.20,000/- is just and proper. The Tribunal has rightly awarded medical expenses of Rs.4,37,818/-. In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Loss of future income 6,61,500.00

¶02Pain and suffering 1,20,000.00

¶03Medical expenses 4,37,818.00

¶04Loss of amenities 60,000.00

¶05Incidental expenses and conveyance 30,000.00

¶06Loss of income during laid up period 50,000.00

Total 13,59,318.00

¶12Considering the above aspects, the claimant is entitled to total compensation of Rs.13,59,318/- as against Rs.10,80,318/- with interest @ 6% p.a. from the

date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.2,79,000/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.3/insurer is liable to pay the said enhanced compensation with interest.

¶13In view of the above, the following: ORDER

i) The appeal is allowed in part.

ii) The appellant/claimant is entitled to enhanced compensation of Rs.2,79,000/- with interest @ 6% p.a. from the date of petition till realization.

iii) Respondent No.3/insurer shall deposit the enhanced amount with interest within a period of six weeks from this day, failing which, it is liable to pay interest @ 9% p.a. from this day till payment of enhanced compensation amount.

iv) Appellant / claimant is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 1 Sl No.: 38 Ct.sm