Mr Raju v. Mr Ramaswamy

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5065 OF 2025 (MV-I) BETWEEN:

MR RAJU S/O SHIVANNA, 60 YEARS PRESENTLY RESIDING AT No. 62, JUBILANT LAYOUT NEAR WATER TANK NANJANGUD TOWN PERMANENTLY RESIDING AT No.122 RAMASAMUDRA VIBHAGA -5 CHAMARAJANAGAR TOWN AND DISTRICT- 571 313. …APPELLANT

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

AND:

¶1MR RAMASWAMY S/O RAMU, 26 YEARS R/A RAMPURA VILLAGE CHATHRA HOBLI NANJANGUD TALUK PIN-571 301.

¶2MR. PRASHANTH RAJE URS K.L. S/O LINGARAJE URS 40 YEARS, R/A No.448

Location: HIGH COURT OF KARNATAKA

4/2ND CROSS, E AND F BLOCK RAMAKRISHNANAGARA MYSURU – 570 001.

¶3THE UNITED INDIA INS.CO. LTD., 1ST FLOOR, NEAR BALLAL CIRCLE MYSURU – 570 001. REP. BY ITS BRANCH MANAGER. …RESPONDENTS

(BY SRI S V HEGDE MULKHAND, ADVOCATE FOR R3 R1-RAMASWAMY SERVED, V/O DTD. 17.06.2026, NOTICE TO R2 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.01.2024 PASSED IN MVC No.954/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, NANJANGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

¶1This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 29.01.2024 passed in MVC No. 954/2017 by the Senior Civil Judge and Member, MACT, Nanjanjud.

¶2Even though the matter is listed for `Admission' today, with the consent of the learned counsel appearing for the appellant and learned appearing for respondent No. 3 – Insurer it is taken up for disposal.

¶3Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on

03.03.2017 due to the rash and negligent driving by the driver of car bearing registration No. KA-09-C-3966. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

Pain and Suffering Rs.70,000 Medical expenses Rs.57,118 Incidental expenses Rs.13,000 Future medical expenses Rs.10,000 Loss of amenities or expectation of life Rs.10,000 Conveyance Rs.5,000 Total Rs.1,65,118/-

¶4The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization excluding interest on future medical expenses and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimant seeking enhancement of the compensation awarded, has filed the present appeal.

¶5Heard learned counsel for appellant and learned counsel for respondent No. 3 – Insurer.

¶6Learned counsel for appellant would contend that though disability is assessed, the Tribunal has not awarded compensation under the head `loss of future income'. Compensation awarded towards `pain and suffering', `loss of amenities' and `future medical expenses' is on lower side. With this she prayed to allow the appeal.

¶7Learned counsel for respondent No. 3 – Insurer would contend that the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement.

¶8Having heard learned counsel for the parties, this Court has perused the judgment and award.

¶9Claimant had sustained fracture of both bones of left leg. P.W.2 is the Doctor and he has assessed the disability and stated that claimant is having 18.8% disability of left lower limb. The accident occurred on

03.03.2017 and as on the date of accident claimant was aged 59 years and he was working as a teacher at that time. Claimant retired during the pendency of the claim petition and in his evidence he has stated that he is drawing pension. Considering the fact that income of the claimant has not been reduced due to the injuries/disablement sustained by him, the Tribunal has

rightly not awarded compensation under the head `loss of income due to disability'.

¶10As per Ex.P.7 – wound certificate claimant had sustained fracture of both bones of left leg and two simple injuries. Claimant was admitted in the hospital for 15 days. Considering the said injuries, compensation awarded by the Tribunal towards `pain and suffering' requires to enhanced to Rs.90,000/- as against Rs.70,000/- awarded by the Tribunal. Considering the said evidence, compensation awarded by the Tribunal under the head `loss of amenities' requires to be enhanced to Rs.40,000/- from Rs.10,000/-.

¶11Claimant was admitted in the hospital for 15 days. Considering the same, compensation awarded by the Tribunal for conveyance in a sum of Rs.5,000/- and incidental charges in a sum of Rs.13,000/- is just and proper.

¶12P.W.2 – Doctor has stated that claimant has to undergo surgery for removal of implant and cost of the same would be around Rs.30,000/- to Rs.35,000/-. The Tribunal has only awarded Rs.10,000/- towards `future medical expenses'. Considering the evidence of P.W.2 - Doctor claimant is entitled to Rs.30,000/- towards `future medical expenses' as against Rs.10,000/- awarded by the Tribunal. But, claimant is not entitled to interest on enhanced amount of Rs.20,000/- towards `future medical expenses'.

¶13In view of the above, claimant is entitled to total compensation under different heads as under:

Pain and Suffering Rs.90,000 Medical expenses Rs.57,118 Incidental expenses Rs.13,000 Future medical expenses Rs.30,000 Loss of amenities or expectation of life Rs.40,000 Conveyance Rs.5,000 Total Rs.2,35,118/-

¶14Claimant is entitled to total compensation of Rs.2,35,118/- as against Rs.1,65,118/- awarded by the Tribunal with interest at the rate of 6% p.a. from the date of petition till the date of realization. Consequently, claimant is entitled to enhanced compensation of Rs.70,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. Respondent No.3 - Insurer is liable to pay the said enhanced compensation with interest.

¶15Claimant is not entitled to interest for the delay period of 432 days in filing the appeal as per the order dated 08.01.2026 on I.A. No. 1/2025.

¶16In view of the above, the following; O R D E R a) Appeal is allowed in part. b) Claimant is entitled to enhanced compensation

of Rs.70,000/- with interest at the rate of

6% p.a. from the date of petition till the date

of realization. c) Claimant is not entitled to interest for the

delay period of 432 days in filing the

appeal. d) Claimant is not entitled to interest on enhanced

compensation under the head `future medical

expenses' in a sum of Rs.20,000/-. e) Respondent No. 3 – Insurer shall deposit the

enhanced compensation with interest before the

Tribunal within six weeks from this day. f) Claimant is entitled to release of the entire

enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

LRS List No.: 1 Sl No.: 18 Ct.sm