Sri.A.Srinivasa v. The Manager

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 1451 OF 2025 (MV-I)

BETWEEN:

SRI A SRINIVASA S/O ANDANAPPA AGED ABOUT 61 YEARS No.10, 1ST CROSS, M.R. LAYOUT NEAR ROCKLINE STUDIO NAGASANDRA POST BENGALURU – 560 073.

…APPELLANT

(BY SRI MAHADEVA SWAMY P, ADVOCATE)

AND:

¶1THE MANAGER MAGMA HDI GEN. INS. Co. LTD No.36, 1ST FLOOR H. M. ASTRID, J.C. ROAD BENGALURU-560 001.

¶2SRI T. VENKATA SUBBAIAH S/O TURAKA KRISHNAIAN No.6/128, VINAYAKA NAGAR

Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:42501( MFA(No.(1451(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010127632025( ( ( PENAGALUR-KADAPA,,PENAGALUR, KADAPA-516,127., …RESPONDENTS, , (BY,SRI,B,C,SHIVANNE,GOWDA,,ADVOCATE,FOR,R1, ,R2-T,V,VENKATA,SUBBAIAH-SERVED), , , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:30.11.2024,,, PASSED, IN, MVC, No.4229/2023, ON, THE, FILE, OF, THE, I, ADDITIONAL,SMALL,CAUSES,JUDGE,AND,ACJM,AND,MEMBER,, MACT,,BENGALURU,(SCCH-11),,PARTLY,ALLOWING,THE,CLAIM, PETITION,FOR,COMPENSATION,AND,SEEKING,ENHANCEMENT, OF,COMPENSATION.,,,,, , , THIS, APPEAL,, COMING, ON, FOR, HEARING, THIS, DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MR.,JUSTICE,SHIVASHANKAR,AMARANNAVAR, , ORAL(JUDGMENT(

¶1This, appeal, is, filed, by, the, claimants, seeking, enhancement,of,compensation,awarded,in,the,,judgment, and, award, dated, 30.11.2024, passed, in, MVC, No., 4299/2023, by, the, I, Additional, Small, Causes, Judge, and, Member,,MACT,,Bengaluru,(SCCH-11).,

¶2Appellant, –, claimant, made, a, claim, petition, praying,to,award,compensation,for,the,injuries,sustained, by, him, in, a, road, traffic, accident, that, occurred, on,

17.06.2023,due,to,the,rash,and,negligent,,driving,by,the,

rider of motorcycle bearing registration No. AP-39-JC-2442. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

Towards injury pain and suffering Rs.50,000.00 Towards Medical expenses Rs.7,98,418.00 Towards Food and extra nourishment and medical attendant Rs.5,000.00 Towards conveyance Rs.10,000.00 Towards loss of income during treatment Rs.65,520.00 Deprivation of future amenities Rs.20,000.00 Towards future medical expenses Rs.30,000.00

Total Rs.9,78,938.00

¶3The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimant seeking enhancement of the compensation awarded, has filed the present appeal.

¶4Heard learned counsel for appellant – claimant and learned counsel for respondent No. 2 – Insurer.

¶5Learned counsel for appellant would contend that claimant was working as a Daftari in a Bank and he was aged 59 years as on the date of accident. He was admitted in the hospital for 10 days and he took rest for seven months by availing different kinds of leave. P.W.3 – Doctor who has examined him has stated that his whole body disability is 24.1%. The Tribunal has not awarded any compensation for `loss of future income due to disability' on the ground that claimant got same income even after the accident. The compensation awarded by the Tribunal under the heads `pain and suffering' and `loss of amenities' is on lower side. With this he prayed to allow the appeal.

¶6Learned counsel for respondent No.2 – Insurer would contend that the claimant got the same income even after the accident and therefore the Tribunal has rightly not awarded loss of future income due to disability.

Compensation awarded under all heads is just and proper and there are no grounds for enhancement of the compensation.

¶7Having heard learned counsel for the parties, this Court has perused the judgment, award and trial Court records.

¶8The accident occurred on 17.06.2023 and as on the date of accident the claimant was aged 59 years and he was working as a Daftari in a Bank. Even though as per the evidence of P.W.3 – Doctor claimant has sustained

24.1% disability to the whole body, the Tribunal has not awarded loss of income due to disability since the claimant was getting same income even after the accident. The Tribunal has rightly considered the said aspect.

¶9Claimant has sustained communited fracture of tibia and fibula mid shaft left leg, fracture of both bones left forearm and fracture of left humerus. Considering the said injures, compensation awarded by the Tribunal for `pain and suffering' in a sum of Rs.50,000/- requires to be

enhanced to Rs.1,50,000/- and `loss of amenities' in a sum of Rs.20,000/- requires to be enhanced to Rs.1,00,000/-.

¶10Claimant was admitted to the hospital for 10 days and considering the same the compensation awarded by the Tribunal towards `attendant and conveyance charges' is just and proper. Since the claimant has availed leave and got salary for the leave period, the Tribunal has rightly awarded loss of income during laid up period only for the period for which he did not get salary. The Tribunal has rightly awarded future medical expenses of Rs.30,000/- as claimant had to undergo surgery for removal of implant.

¶11Considering the above aspects claimant is entitled to enhanced compensation of Rs.1,80,000/- with interest at the rate of 6% p.a. from date of petition till the date of realization. Respondent No. 1 – Insurer is liable to pay the said enhanced compensation with interest.

¶12In view of the above, the following; O R D E R a) Appeal is allowed in part. b) Appellant - claimant is entitled to enhanced

compensation of Rs.1,80,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. c) Respondent No. 1 – Insurer shall deposit the

enhanced compensation with interest before the

Tribunal within six weeks from this day. d) Appellant - claimant is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

LRS List No.: 1 Sl No.: 16 Ct.sm