Marigowda v. Srinivas M S

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 509 OF 2022 (MV-I) BETWEEN:

MARIGOWDA S/O LATE SANNEGOWDA AGED ABOUT 56 YEARS, R/O MADABALU VILLAGE ALUR TALUK, HASSAN DISTRICT-57 3201 …APPELLANT (BY SRI. CHETHAN B, ADVOCATE) AND:

¶1SRINIVAS M S S/O MEGARAJ NAIK MAJOR R/O #47 NARACHI, HORABAILL SORABA TALUK-577 429 SHIVAMOGGA DISTRICT

¶2THE MANAGER UNITED INDIA INSURANCE CO.LTD RAJAJINAGARA Location: HIGH COURT OF KARNATAKA

BENGALURU-560 010 …RESPONDENTS (BY SRI. C. SHANKARA REDDY, ADVOCATE FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.04.2021 PASSED IN MVC NO. 199/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HASSAN, 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

¶1The claimant, being dissatisfied with the compensation of Rs.2,28,000/- awarded by the Tribunal, is in appeal.

¶2The fact that the accident occurred and the further fact that the in the said accident the claimant sustained injuries is not in dispute.

¶3The Tribunal, on assessment of evidence, has awarded the following sums as compensation:

Sl. No. Particulars Amount in (Rs.)

¶1Towards pain and sufferings 50,000

¶2Towards medical expenses 57,191

¶3Towards diet, food, nourishment, attendant and conveyance charges 15,000

¶4Loss of earning capacity due to disability 51,840

¶5Loss of income during laid up period 24,000

¶6Towards loss of amenities 15,000

¶7For future medical expenses 15,000 Total 2,28,031 Rounded off to 2,28,000

¶4The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 6% to the whole body.

¶5I have perused the evidence of the Doctor - PW.2 and the wound certificate. The same depicts that the claimant has suffered following injuries: i. Abrasion over right knee

ii. Sutured wound over right 3rd toe iii. Sutured lacerated wound over left big toe iv. Fracture of right Patella.

¶6Since the Doctor has assessed the disability to the right lower limb at 19% and considering the nature of injuries suffered by the claimant, I deem it just and appropriate to consider the disability at 7%. Accordingly, the disability suffered by the claimant would be at 7%.

¶7The Tribunal has determined the monthly income, notionally at Rs.8,000/- per month. 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 59 years, the Tribunal has rightly applied a multiplier of '9'. Consequently, the claimant would be entitled to a sum of Rs.68,040/- (9,000 x 12 x 9 x

7%) towards 'loss of future income' as against the sum of Rs.51,840/- awarded by the Tribunal.

¶9Consequently, the claimant would be entitled to Rs.27,000/- (Rs.9,000 X 3 months) towards 'loss of income during the laid up period', treating the laid up period as three months.

¶10Having 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.15,000/- awarded by the Tribunal.

¶11The sum awarded as medical expenses at Rs.57,191/- being based on the documentary evidence, do not call for modification and hence confirmed.

¶12The sums awarded under other heads of compensation by the Tribunal, remains unaltered.

¶13Consequently, 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.)

¶1Towards pain and sufferings 50,000 50,000

¶2Towards medical expenses 57,191 57,191

¶3Towards diet, food, nourishment, attendant and conveyance charges 15,000 15,000

¶4Loss of earning capacity due to disability 51,840 68,040

¶5Loss of income during laid up period 24,000 27,000

¶6Towards loss of amenities 15,000 30,000

¶7For future medical expenses 15,000 15,000 Total 2,28,031 2,62,231 Rounded off to 2,28,000

¶14Thus, the claimant is held entitled to the total compensation of Rs.2,62,131/- as against Rs.2,28,000/-, the enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till its realization.

¶15The 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.

¶16The apportionment of compensation amount shall be in terms of the award of the Tribunal. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 8