Puttamada v. Enayath Pasha

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5076 OF 2025 (MV-I) BETWEEN:

PUTTAMADA S/O DALLEGOWDA AGED 66 YEARS R/AT No.7/90, OLD KURUBARA STREET OPP. SIDDAPPAJI TEMPLE KOLLEGALA TOWN CHAMARAJNAGAR DISTRICT-571 440.

…APPELLANT (BY SRI PRAMOD R, ADVOCATE)

AND:

¶1ENAYATH PASHA S/O LATE ADBUL AZIZ, MAJOR R/AT No.7/692, EDGA MOHALLA KOLLEGALA TOWN CHAMARAJANAGARA DISTRICT -571 440.

¶2KUMARA J S/O JAVARAIAH R/AT No. 63 SINGANALLUR VILLAGE KOLLEGALA TOWN CHAMARAJANAGARA DISTRICT -571 443.

Location: HIGH COURT OF KARNATAKA

¶3THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LIMITED. No.305, ATCHM MANSION SOUTHERN EXTENSION KOLLEGALA TOWN CHAMARAJANGARA DISTRICT-571 440. …RESPONDENTS

(BY SRI A N KRISHNASWAMY, ADVOCATE FOR R3 V/O DTD. 11.08.2025 NOTICE TO R1 AND R2 ARE D/W)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:13.07.2023 PASSED IN MVC No.84/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KOLLEGALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR FINAL HEARING 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 13.07.2023 passed in MVC No.84/2019 by Senior Civil Judge and Additional MACT, Kollegala.

¶2The appellant made a claim petition praying to award compensation for the injuries sustained by him in a

road traffic accident occurred on 11.01.2019 contending that the accident occurred due to rash and negligent driving of the driver of TATA ACE bearing registration No.KA-10/4927. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Towards Pain and sufferings Rs.10,000/-Towards Medical expenses Rs.7,900/-Towards diet, food, nourishment, attendant, conveyance charges and other expenses Rs.5,000/-Towards loss of future earning capacity account of permanent physical disability Rs.1,96,560/-Loss of amenities of life and discomfort Rs.10,000/-Loss of income during the laid up period Rs.28,000/-Future Medical Expenses Rs.5,000/-Total Rs.2,62,460/-

¶3The Tribunal also awarded interest at the rate of 6% per annum 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.

¶4Heard learned counsel for the appellant and learned counsel for respondent No.2 –insurer.

¶5The accident occurred on 11.01.2019 and as on the date of accident the claimant was aged 60 years. The occupation of the claimant is milk and vegetable vending. The claimant has sustained the following injuries.

i) Abrasion on the left maxillary region

ii) Abrasion on right and left knee

iii) Lacerated wound over left eyebrow

iv) Tenderness in back

Considering the said injuries sustained by the claimant, the claimant is entitled to compensation towards pain and suffering in a sum of Rs.60,000/- as against Rs.10,000/- as awarded by the Tribunal and loss of amenities in a sum of Rs.50,000/- as against Rs.10,000/- as awarded by the Tribunal. Considering the said injury

sustained by the claimant and his avocation, he has to take rest at least for 03 months. Therefore, he is entitled to loss of income during laid period in a sum of Rs.42,000/- (Rs.14,000/- x months) as against Rs.28,000/- as awarded by the Tribunal. The Tribunal has rightly awarded medical expenses of Rs.7,900/-, future medical expenses of Rs.5,000/- and attendant and conveyance charges etc. of Rs.5,000/-. The claimant is not seeking enhancement for loss of future income awarded by the Tribunal. .

¶6In view of the above, the claimant is entitled to enhanced compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Towards Pain and Suffering 50,000/-

¶02Towards loss of amenities 40,000/-

¶03Towards loss of income during laid up period 14,000/-Total 1,04,000/-

Considering the above aspects, the claimant is entitled to enhanced compensation of Rs.1,04,000/- with

interest at the interest of 6% per annum from the date of petition till realization. Respondent No.2 -insurer is liable to pay the said enhanced compensation with interest. The claimant is not entitled to interest for delay period for 617 days in filing the appeal as per order dated 03.11.2025 passed on IA No.1/2025.

¶7In 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.1,04,000/- with interest at the rate of 6% per annum from the date of petition till realization.

iii) The claimant is not entitled to interest for delay period for 617 days in filing the appeal.

iv) Respondent No.2 -insurer shall deposit the enhanced compensation with interest before

the Tribunal within a period of six weeks from this day.

v) The appellant -claimant is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DSP List No.: 1 Sl No.: 63