Mrs. Gangamma v. Mr. G. S. Jagadeesh

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.1395 OF 2022(MV-I) BETWEEN:

MRS. GANGAMMA W/O. MR. NAGENDRAPPA, AGED ABOUT 50 YEARS, COOLIE WORK, KODAIAHNAHATTY, CHITRADURGA TALUK-577 501. …APPELLANT (BY SRI. K SHASHIKANTH PRASAD, ADVOCATE) AND:

¶1MR. G. S. JAGADEESH S/O. MR. SATHYANARAYANAPPA @ SATHYANARAYANA REDDY, KADABANAKATTE, CHITRADURGA-577 501.

¶2THE BRANCH MANAGER ORIENTAL INSURANCE CO. LTD., SHARADA COMPLEX, FIRST FLOOR, OPP KSRTC BUS STAND, CHITRADURGA-577 501. …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2, R1 - SERVED) Location: HIGH COURT OF KARNATAKA

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.08.2017 PASSED IN MVC NO. 987/2015 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, 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 RAJESH RAI K ORAL JUDGMENT

The claimant, being dissatisfied with the compensation of Rs.1,64,679/- awarded by the Tribunal, vide judgment and award dated 17.08.2017 in MVC No.987/2015 is in appeal.

¶2The fact that the accident occurred and the further fact that the offending vehicle was insured are not in dispute.

¶3The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.)

¶1Loss of future earnings 60,840

¶2Medical expenses 58,839

¶3Nourishment and miscellaneous expenses 15,000

¶4Pain, injuries and sufferings 10,000

¶5Loss of amenities, enjoyment of life and discomforts 20,000 Total 1,64,679

¶4The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 10% to the whole body.

¶5I have perused the evidence of the Doctor-PW.2 and the wound certificate/disability certificate. The same depicts that the claimant has suffered moderate head injury, closed right humerus shaft fracture.

¶6Since the Doctor has assessed the physical disability at 34% to the right upper limb, the Tribunal has assessed the disability at 10% to the whole body. Having regard to the nature of the injuries sustained by the claimant, I deem it appropriate to assess the disability of the claimant at 12%.

¶7The Tribunal has determined the monthly income of the claimant notionally at Rs.3,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income,

it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2015 would be Rs.9,000/-.

¶8As the claimant was aged 50 years, a multiplier of '13' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,68,480/- (9,000 X 12 X 13X 12%) towards 'loss of future income'.

¶9Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.10,000/- awarded by the Tribunal.

¶10Having regard to the injuries sustained, length of stay and treatment taken in the Hospital by the claimant, I deem it appropriate to award a sum of Rs.27,000/- towards 'loss of income during the laid up period' (Rs.9,000 X 3 months) considering the laid up period as three months.

¶11Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of

Rs.30,000/- towards loss of 'amenities', as against the sum of Rs.20,000/- awarded by the Tribunal.

¶12The sum awarded as 'medical expenses' at Rs.58,839/-, being based on documentary evidence, do not call for modification and hence confirmed.

¶13The sum awarded under the head 'nourishment and miscellaneous expenses', remain unaltered.

¶14Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.)

¶1Loss of future earnings 60,840 1,68,480

¶2Medical expenses 58,839 58,839

¶3Nourishment and miscellaneous expenses 15,000 15,000

¶4Pain, injuries and sufferings 10,000 50,000

¶5Loss of amenities, enjoyment of life and discomforts 20,000 30,000

¶6Loss of income during laid up period - 27,000 TOTAL 1,64,679 3,49,319

¶15Thus, the claimant is held entitled to the total compensation of Rs.3,49,319/- as against Rs.1,64,679/- along with interest at the rate of 6% per annum from the date of petition till its realization. The appellant-claimant is not entitled for interest for the delayed period of 831 days in filing this appeal.

¶16The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. The appeal is accordingly allowed in part. Pending I.As., if any, stand disposed of. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 20