Mahesha v. Ramesha M

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 6670 OF 2025 (MV-I) BETWEEN:

MAHESHA AGED ABOUT 50 YEARS R/AT ADHIJAMBAVA BEEDHI L BANNUR KOTHANUR (CHIKKALUR) KOLLEGALA TALUK CHAMARAJANAGARA DISTRICT – 571 441. …APPELLANT

(BY SRI SREENIVASAN M Y, ADVOCATE)

AND:

¶1RAMESHA M S/O MADESHA MAJOR R/AT 2ND WARD KUDALUR VILLAGE & POST KOLLEGALA TALUK CHAMARAJANAGARA – 571 441.

¶2THE BRANCH MANAGER CHOLAMANDALAM MS GENERAL INS CO. LTD., DOOR No. 271, ASHRAYA BUILDING LAXMIVILAS ROAD

Location: HIGH COURT OF KARNATAKA

DEVARAJ MOHALLA MYSORE 570001 …RESPONDENTS

(BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 10.09.2025 NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:26.05.2025 PASSED IN MVC No.247/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KOLLEGAL, 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 26.05.2025 passed in MVC No.247/2020 by Senior Civil Judge and Additional MACT., Kollegala.

¶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.2 -insurer.

¶3The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 13.07.2020 contending that the accident occurred due to rash and negligent driving of the driver of Splendor Plus Motorcycle bearing Regn.No.KA-10/EB-4915. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Towards Pain and sufferings Rs.50,000/-Towards Medical expenses Rs.2,58,938/-Towards diet, food, nourishment, attendant, conveyance charges and other expenses Rs.20,000/-Towards loss of future earning capacity on account of permanent physical disability Rs.1,98,900/-Loss of amenities of life and discomfort Rs.10,000/-Loss of income during the laid up period Rs.45,000/-Total Rs.5,82,838/-

¶4The Tribunal also awarded interest at the rate 6% p.a. from the date of petition till realization and directed the respondent No.2 -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.2 –insurer.

¶6Learned counsel for appellant would contend that the claimant has sustained fracture of tibia and fibula and admitted in the hospital for 20 days. The claimant was running provision store. C.W.1 -doctor who examined the claimant has assessed his disability at 64% to the right lower limb and the Tribunal has erred in taking the functional disability at 8.5%. The disability is to be taken on higher side. The compensation awarded for pain and suffering and loss of amenities are on lower side. With these, he prays to allow the appeal and enhancement of compensation.

¶7Learned counsel for respondent No.2 –insurer would contend that the Tribunal has rightly taken the disability considering the 02 fractures of tibia and fibula at

8.5%. The compensation awarded by the Tribunal on all heads are just and proper and there are no grounds for enhancement.

¶8Having heard the learned counsels, the Court has perused the judgment and award.

¶9The accident occurred on 13.07.2020 and as on the date of accident, the claimant was aged 43 years. The claimant is running provision store. As per Ex.P6 -wound certificate, the claimant has sustained fracture of tibia and fibula. C.W.1 -doctor who examined the claimant has assessed his disability and stated that the claimant has sustained 64% disability of right lower limb. He has stated that as there is fracture of communated displaced segment of shaft of right tibia and fibula at 3 to 4 places. C.W.1 - doctor further stated that the fractures are malunited. Considering the said evidence of C.W.1 -doctor, the disability taken by the Tribunal at 8.5% is not proper and disability is to be taken at 15%. The Tribunal has rightly

taken notional income of the injured at Rs.15,000/- per month and applied multiplier 13. In view of the same, loss of future income is calculated as under: Rs.15,000/- x 12 x 13 x 15% = Rs.3,51,000/-.

¶10Considering the fracture sustained by the claimant, the compensation awarded for pain and suffering in a sum of Rs.50,000/- requires to be enhanced to Rs.80,000/- and loss of amenities in a sum of Rs.10,000/- requires to be enhanced to Rs.40,000/-. The Tribunal has rightly awarded medical expenses, attendant and conveyance charges and loss of income during laid up period for 03 months.

¶11In 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 3,51,000/-

¶02Pain and suffering 80,000/-

¶03Loss of amenities 40,000/-

¶04Medical Expenses 2,58,938/-

¶05Loss of income during laid up period 45,000/-

¶06Attendant and conveyance charges 20,000/-Total 7,94,938/-

¶12Considering the above aspects, the claimant is entitled to total compensation of Rs.7,94,938/- as against Rs.5,82,838/- with interest at the rate of 6% p.a. from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.2,12,100/- with interest at the rate of 6% p.a. from the date of petition till realization. Respondent No.2 -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.2,12,100/- with interest at the rate of 6% p.a. from the date of petition till realization.

iii) Respondent No.2 -insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day.

iv) The appellant –claimant is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DSP List No.: 1 Sl No.: 1