Ravi v. Devaraju M

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 6613 OF 2024 (MV-I) BETWEEN:

RAVI S/O LATE MARIYAPPA, NOW AGED ABOUT 50 YEARS, R/A NAGANADODDI VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT. …APPELLANT (BY SRI. RAGHU. R, ADVOCATE)

AND:

¶1DEVARAJU. M S/O MADAPPA, MAJOR, R/A KEELAGHATTA VILLAGE, KOPPA HOBLI, MADDUR TALUK – 571 428, MANDYA DISTRICT.

¶2THE MANAGER, UNITED INDIA INS. CO., LTD., NO. 1119, M.C. ROAD, MANDYA TOWN AND CITY – 571 401 …RESPONDENTS (BY SRI. P.B.RAJU, ADVOCATE FOR R2; V/O DATED 31.07.2025, NOTICE TO R1 IS D/W)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.09.2023 PASSED IN MVC NO. 701/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MADDUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

Digitally signed by REKHA R Location: High Court of Karnataka

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

CORAM: HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

This appeal by the claimant seeking for enhancement of compensation arising out of judgment and award dated

13.09.2023 in MVC.No.701/2021 passed by the Motor Accident claims Tribunal and Senior Civil Judge, Maddur1.

¶2The parties are referred to as per their ranking before the Tribunal.

¶3Sri.Raghu.R, learned counsel appearing for the claimant and Sri. P.B.Raju, learned counsel appearing for respondent No.2. Vide order dated 31.07.2025, notice to respondent No.1 is dispensed with.

¶4Sri. Raghu.R, with all vehemence submits that the Tribunal while considering the medical expenses has failed to consider Ex.P9 and Ex.10, the payment made towards inpatient medical bills. However, the Tribunal has

1 'Tribunal' for short

considered the medical expenses at Rs.1,58,000/- on the basis of other documents. In that view of the matter, the inpatient medical bills which are independent of the amount awarded under medical expenses ought to have been considered by the Tribunal and awarded the sum involved in the said medical bills.

¶5Further, he submits that the claimant has suffered 57% to the whole body disability as per the evidence of the doctor who has been examined under a commission. Though the Tribunal has considered the 57% total body disability, however, failed to add future prospectus. He further submits that, in view of the injury suffered, disability resulted, the compensation awarded under other heads requires re-consideration and re-assessment and sought to allow the appeal and enhance the compensation.

¶6Sri.P.B.Raju, though argued in support of the judgment of the trial Court, but with all fairness submits that, the Tribunal has not considered the inpatient bills

which has been properly stated in the evidence on oath, contending that he has spent more than Rs.4,29,156/-. He submits that reasonable enhancement may be awarded.

¶7Having considered the rival submissions, this Court has perused the entire appeal papers as well as trial Court record.

¶8What transpires from the trial Court record is that, the Tribunal has not at all considered the inpatient bills at Ex.P9, for a total sum of Rs.2,45,500/-, though the claimant has stated the same on oath in his oral evidence supporting the bills that he has spent Rs.4,29,156/-. The documents Ex.P9 and Ex.P10, which have not been considered by the Tribunal speaks that he has spent another sum of Rs.2,45,500/-. Accordingly, the claimant is entitled for the said amount, apart from the amount which has been awarded by the Tribunal under the head of medical expenses to the extent of Rs.1,58,000/- including medicines, transportation and nourishment expenses towards hospitalization and medicines.

¶9In view of settled position of law laid down by the Hon'ble Supreme Court, whenever there is a disability more than 20%, the claimants are also entitled for addition of future prospectus to the existing income.

¶10A perusal of the entire award under various heads, when compared to injury, treatment taken and medical expenses incurred and disability resulted appears to be inadequate and requires reconsideration. The claimant was 48 years, at the time of accident accordingly he is entitled for adding of future prospectus to the extent of 25%.

¶11Accordingly this Court, proceeds to re-consider and re-assess the compensation which is as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs.

¶1Loss of future earnings on account of permanent disability 13,33,800-00 16,67,250-00 (Rs.15,000+25%X12X13X57%)

¶2Expenses towards treatment, hospitalization, medicines, transportation and nourishment. 1,58,000-00 4,03,500-00 (Rs.2,45,000+Rs.1,58,000)

¶3Loss of earnings during period of treatment i.e., laid up period 90,000-00 90,000-00

¶4Future medical expenses 50,000-00 50,000-00

¶5Pain and suffering 50,000-00 1,00,000-00

¶6Loss of amenities and enjoyment of life 30,000-00 1,00,000-00

TOTAL 17,11,800-00 24,10,750-00

¶12Accordingly, the claimant is entitled for enhanced compensation of Rs.6,98,950/- rounded off to Rs.6,99,000/- which shall carry interest at the rate of 6% per annum from date of petition till realisation.

¶13For the forgoing reasons, this Court proceeds to pass the following: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 13.09.2023 in MVC.No.701/2021 passed by the Motor Accident claims Tribunal and Senior Civil Judge, Maddur, is hereby modified and enhanced to Rs.6,99,000/- which shall carry interest at the rate of 6% per annum from date of petition till realisation. iii. The respondent No.2/Insurer shall deposit entire enhanced compensation along with interest supra before the concerned Tribunal within six weeks from the date of receipt of copy of this order. iv. Upon deposit, 50% shall be released in favour of the claimant on proper identification and balance 50% shall be invested in any interest bearing FDR

with any Nationalized Bank for a period of 5 years. The petitioner is entitled to receive the interest quarterly. v. The Bank shall not permit any loan on the amount kept in fixed deposit, without there being any order by the Tribunal/Court. vi. Registry is directed to transmit the Trial Court records forthwith to the concerned Tribunal without any delay. vii. In view of disposal of the appeal, interlocutory applications, if any, does not survive for consideration accordingly dismissed.

Sd/- (T.M.NADAF) JUDGE

PK List No.: 1 Sl No.: 34