Sri. Manjunath v. Navillappa S B

NC:(2026:KHC:5404( MFA(No.(4791(of(2017( ( , ,,HC-KAR( ( ( (

IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(30 (DAY(OF(JANUARY,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(C.M.(POONACHA( MISCELLANEOUS(FIRST(APPEAL(NO.(4791(OF(2017((MV-I)( ( BETWEEN:(( ( SRI.,MANJUNATH, S/O,THOUSIYAPPA, AGED,ABOUT,45,YEARS, R/AT,MALLIKARJUNA,LAYOUT, 2ND,CROSS,,GOPALA, SHIVAMOGGA-577,201, , …APPELLANT, (BY,SRI.,NAIK,RAMACHANDRA,RAMA,,ADVOCATE), , AND:( (

1., NAVILLAPPA,S,B, Digitally S/O,RANGAPPA, signedtiby AGEDA,BOUT,63,YEARS,NIRMALA R/AT,HOSASIDDAPURA,THANDA,DEVI BHADRAVATHI-577,301,Location: HIGH SHIVAMOGA,DISTRICT, COURT0OF , KARNATAKA 2., ANANDAPPA,K,R,, S/O,RUDARAPPA,K,N, AGE,:MAJOR, R/AT,KORNAHALLI,, CHATNHALLI,POST, CHIKKAMAGALUR-577,101, ,

3., THE,NATIONAL,INSRUANCE,COMPANY,LTD.,, B,H,ROAD,

SHIVAMOGA TALUK AND DISTRICT-577 201 BY ITS GENERAL MANAGER

…RESPONDENTS (BY SRI. ARUN PONNAPPA, ADVOCATE FOR R3 NOTICE TO R1 & R2 IS DISNPENSED WITH V/O DTD

11.6.2025)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.03.2015 PASSED IN MVC NO.246/2013 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

¶1The present appeal is filed by the claimant impugning the judgment and award dated 04.03.2015 passed in MVC No.246/2013 by the II Addl. Senior Civil Judge and Addl. MACT-8 at Shivamogga1 seeking for enhancement of compensation.

¶2The findings of the Tribunal on negligence and liability are not under challenge. Hence, the only question that is to be

1 hereinafter referred to as the 'Tribunal'

adjudicated in the present appeal is the enhancement of the quantum of compensation.

¶3It is forthcoming that the injured was aged 42 years as on date of the accident, i.e., on 20.01.2013. The injured was stated to be a mason. The Tribunal has assessed the monthly income of the claimant at `9,000/-.

¶4The claimant sustained fracture of tibia and fibula of the right leg. He was treated as an inpatient from 21.01.2013 to

30.01.2013 for a total period of 10 days. The doctor has assessed the disability of the claimant at 21% to the limb. The Tribunal has assessed the functional disability at 7% to the whole body which is just and proper.

¶5Having regard to the aforementioned, the compensation is re-assessed as follows:

5.1 Having regard to nature of injuries sustained and the period of treatment, the compensation awarded on all the heads except towards loss of future amenities and pain and suffering are adequate.

5.2

Having regard to the fact that additional compensation is required to be awarded only towards loss of amenities and compensation towards pain and suffering, it is just and proper that the claimant be awarded a further compensation of `20,000/- in addition to the compensation awarded by the Tribunal.

¶6It is noticed that the Tribunal has awarded interest at 9% p.a. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court.

¶7In view of the order passed on IA 1/2017 for condonation of delay, the claimant will not be entitled interest for the delay period of 713 days.

¶8In view of the aforementioned, I pass the following ORDER

i) The present appeal is partly allowed.

ii) The judgment and award dated 04.03.2015 passed in MVC No.246/2013 by the II Addl. Senior Civil Judge and Addl. MACT-8 at Shivamogga is modified

to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

iii) The claimant-appellant is entitled to a further compensation of `20,000/- together with interest @ 7% per annum from the date of petition till the date of realization (except for a period of 713 days) in addition to the compensation awarded by the Tribunal.

iv) Respondent No.3-insurer shall deposit the said compensation together with accrued interest within a period of six weeks;

v) After deposit, the entire enhanced compensation with accrued interest shall be disbursed to the claimant digitally after proper identification;

vii) The Registry to draw the modified award accordingly;

viii) Records be transmitted to the Tribunal forthwith;

vi) No costs.

Sd/- (C.M. POONACHA) JUDGE

Vmb, List No.: 1 Sl No.: 6