Sri. C. P. Anantha v. Sri. Dore. A. K

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 7862 OF 2025 (MV-I)

BETWEEN:

SRI. C. P. ANANTHA S/O. PUTTEGOWDA, AGED ABOUT 57 YEARS, R/AT A. CHOLENAHALLI VILLAGE, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSANA DISTRICT-573 116.

…APPELLANT (BY SRI. RAJARAMA S, ADVOCATE)

AND:

¶1SRI. DORE. A. K. S/O. KUMARA, AGED ABOUT 29 YEARS R/AT A. CHOLENAHALLI VILLAGE, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSANA DISTRICT-573 116.

¶2REGIONAL MANAGER I.C.I.C.I LAMBOARD INSURANCE LIMITED, 22 MAXIMAS COMMERCIAL COMPLEX,

Location: HIGH COURT OF KARNATAKA

L. H. H. ROAD, HAMPANAKATTE MANGALORE-575 001.

…RESPONDENTS

(BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR A M VENKATESH, ADVOCATE FOR R2 V/O DTD. 17.4.2026 NOTICE TO R1 IS D/W)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:04.10.2024 PASSED IN MVC No.250/2024 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, 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 04.10.2024 passed in MVC No.250/2024 by the IV Additional District and Sessions Judge, Hassan sitting at Channarayapatna.

¶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 16.11.2022 contending that the accident occurred due to rash and negligent driving of the driver of the car bearing Regn.No.KA-13-C-4393. 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 50,000/-

¶02Medical expenses 87,184/-

¶03Loss of future earnings due to disability 2,04,600/-

¶04Loss of earnings during laid up period 15,500/-

¶05Food, nourishment and other miscellaneous expenses 5,000/-

Total 3,62,284/-rounded for Rs.3,62,500/-

¶4The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed 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 right tibia and PW.2-Doctor who examined him has assessed the disability at 36.75% to right lower limb and Tribunal has taken disability at 10% and it is on lower side. The Tribunal has rightly taken income at Rs.15,500/-p.m. and applied multiplier '11'. The compensation has not been awarded towards loss of amenities and future medical expenses. PW.2 – Doctor has stated that for removal of implants, claimant requires Rs.40,000 to Rs.50,000/-. The claimant has been admitted in the hospital for seven days

and compensation awarded for attendant and conveyance charges is on lower side. Considering the injuries sustained, the Tribunal has taken only one month towards loss of income during laid up period and it is on lower side. With this he prayed to allow the appeal.

¶7Learned counsel for respondent No.2/insurer would contend that PW.2 – Doctor has stated that fracture is united and considering the said aspect the Tribunal has rightly taken disability at 10%. The compensation awarded by the Tribunal on all heads is 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 16.11.2022 and as on the date of accident, the claimant was aged 52 years. Considering the age of the claimant, the Tribunal has rightly applied multiplier '11'. The Tribunal has rightly taken the notional income of the claimant at Rs.15,500/-.

The claimant has sustained fracture to right tibia and considering the same, the Tribunal rightly awarded Rs.50,000/-towards pain and suffering. The Tribunal has not awarded compensation towards loss of amenities. The claimant is entitled to loss of amenities in a sum of Rs.20,000/-. PW.2 – Doctor has stated that the claimant has sustained 36.75% disability to the right lower limb. Considering the said disability, the disability to the whole body is to be taken at 1/3rd of the particular limb and therefore, the disability is to be taken at 12% to the whole body as against 10% taken by the Tribunal. Considering the same, loss of future income is calculated as under: Rs.15,500/-x 12 x 11 x 12% = Rs.2,45,520/-

¶10The claimant has been admitted in the hospital for seven days. Considering the same, the claimant is entitled to conveyance, attendant charges, food and nourishment in a sum of Rs.7,000/- (Rs.1000 x 7 days) as against Rs.5,000/- awarded by the Tribunal. Considering

the injuries sustained and that the claimant is a milk vendor he has to take rest atleast for two months and therefore, he is entitled to loss of income during laid up period in a sum of Rs.31,000/- (Rs.15,500 x 2 months) as against Rs.15,500/- awarded by the Tribunal. The Tribunal has rightly awarded medical expenses of Rs.87,184/-. PW.2 has stated that the claimant has to undergo surgery for removal of implant. Considering the same, the claimant is entitled to future medical expenses in a sum of Rs.30,000/-.

¶11In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Pain and suffering 50,000/-

¶02Loss of amenities 20,000/-

¶03Medical expenses 87,184/-

¶04Loss of income during laid up period 31,000/-

¶05Future medical expenses 30,000/-

¶06Loss of future income 2,45,520/-

¶07Attendant and conveyance charges 7,000/-

Total 4,70,704/-

¶12Considering the above aspects, the claimant is entitled to total compensation of Rs.4,70,704/- as against Rs.3,62,500/- awarded by the Tribunal with interest @ 6% p.a. from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.1,08,204/- with interest @ 6% p.a. from the date of petition till realization. The claimant is not entitled to interest for delay of 198 days in filing the appeal as per order dated 17.04.2026 passed on I.A.1/2025. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest.

¶14In 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.1,08,204/- with interest @ 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) Appellant/claimant is not entitled to interest for delay of 198 days in filing the appeal.

v) Appellant is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 1 Sl No.: 41 Ct.sm