Sri M Sumantha v. Smt. Devamma

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 1602 OF 2026 (MV-I) BETWEEN:

SRI M SUMANTHA S/O M.MANJESH AGED ABOUT 28 YEARS RESIDENT OF NEAR PANDAVAPURA SUGAR FACTORY KENNALU VILLAGE, PANDAVAPURA TALUK MANDYA DISTRICT-571 401. …APPELLANT

(BY SRI RAJA L, ADVOCATE)

AND:

¶1SMT. DEVAMMA W/O VENKATESHA AGED ABOUT 40 YEARS RESIDING AT ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DISTRICT-571 401.

¶2THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., No.2912, SRI VENKATESHWARA PLAZA 1ST MAIN, SARASWATHIPURAM MYSURU CITY-570 001.

Location: HIGH COURT OF KARNATAKA

¶3SRI BASAVARAJU S/O SOMASHEKHARACHAR AGED ABOUT 50 YEARS RESIDING AT DOOR No.69, THAREANIMANTI, H.D.KOTE TALUK MYSURU DISTRICT-570 001. …RESPONDENTS

(BY SMT. MANJULA N TEJASWI, ADVOCATE FOR R2 V/O DTD. 15.06.2026, NOTICE TO R1 AND R3 ARE DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:11.08.2025 PASSED IN MVC No.1312/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT PANDAVAPURA, 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 11.08.2025 passed in MVC No.1312/2022 by the Senior Civil Judge and MACT, Pandavapura.

¶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/claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 10.08.2022 contending that the accident occurred due to rash and negligent driving of the driver of car bearing Regn.No.KA-03-B-2179. 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.)

¶01Towards loss of future income 1,64,808/-

¶02Towards pain and suffering 25,000/-

¶03Towards nourishment and diet expenses 15,000/-

¶04Towards attendance and conveyance charges 15,000/-

¶05Towards loss of income during laid up period 35,200/-

¶06Towards loss of amenities 15,000/-

¶07Towards medical bills 1,28,866/-

¶08Towards future medical expenses 30,000/-

Total 4,28,874/-

¶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 appellants would contend that the claimant has sustained fracture of left femur with heel pad avulsion injury left side and laceration over the left shoulder. The compensation awarded towards pain and suffering and loss of amenities is on lower side. The claimant has been admitted in the hospital for 22 days. Considering the same the compensation awarded towards attendant charges, food and nourishment is just and proper. The accident occurred in the year 2022 and the notional income fixed for the said year is Rs.15,500/- p.m. and that is to be taken as against the income taken by the

Tribunal. The Doctor who examined the claimant has stated that the claimant has sustained 19.7% total disability and Tribunal has taken 6.5% and the same is on lower side. With this he prayed to allow the appeal.

¶7Learned counsel for respondent No.2/insurer would contend that 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, award and trial Court records.

¶9The accident occurred on 10.08.2022 and as on the date of accident, claimant was aged 22 years. The notional income fixed for the year 2022 by the Karnataka State Legal Services Authority is Rs.15,500/- p.m. and that is to be taken as against Rs.11,733.20 taken by the Tribunal. The Tribunal has rightly taken multiplier '18' since the claimant is aged 22 years.

¶10The claimant has sustained fracture of left femur with heel pad avulsion injury left side and laceration over the left shoulder. Considering the said injuries, compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.25,000/- requires to be enhanced to Rs.50,000/- and loss of amenities in a sum of Rs.15,000/- requires to be enhanced to Rs.30,000/-.

¶11The claimant was admitted in the hospital for 22 days and the compensation awarded towards attendant and conveyance charges, nourishment and diet is just and proper. The Tribunal has awarded loss of income during laid up period for three months. As now the income taken is Rs.15,500/-, loss of income during laid up period will come to Rs.46,500/- (Rs.15,500 x 3 months). The Tribunal has rightly awarded future medical expenses in a sum of Rs.30,000/- and medical expenses of Rs.1,28,866/-.

¶12PW.2 – Doctor who has examined the claimant assessed his disability and stated that claimant has

sustained 19.7% disability to the lower limb. Considering the same, the Tribunal has rightly taken whole body disability at 6.5% which is 1/3rd disability of the limb. In 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 2,17,620/-

¶02Pain and suffering 50,000/-

¶03Loss of amenities 30,000/-

¶04Attendant and conveyance charges 15,000/-

¶05Nourishment and diet expenses 15,000/-

¶06Loss of income during laid up period 46,500/-

¶07Future medical expenses 30,000/-

¶08Medical expenses 1,28,866/-

Total 5,32,986/-

¶13Considering the above aspects, the claimant is entitled to total compensation of Rs.5,32,986/- as against Rs.4,28,874/- 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.1,04,112/- with interest @ 6% p.a. from the date of petition till realization. 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.1,04,112/- 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 entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 1 Sl No.: 46 Ct.sm