Mr. Mallesh v. Jayamma

((((((((((((HC-KAR, NC:(2026:KHC:43761( MFA(No.(7915(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010629012023( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(17 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(T.M.NADAF(

MISCELLANEOUS(FIRST(APPEAL(NO.7915(OF(2023(MV-I)(

BETWEEN:(( ( MR.,MALLESH,, S/O,CHANDRAIAH,, NOW,AGED,ABOUT,50,YEARS,, R/AT,MARUTIPURA,, BELLUR,HOBLI,, NAGAMANGALA,TALUK,, MANDYA,DISTRICT,-,571,418., …APPELLANT, (BY,SRI.,RANGEGOWDA,N,R.,,ADVOCATE), AND:( (

1., JAYAMMA,, W/O,KARIYAPPA,, AGED,MAJOR,, RESIDING,AT,NO.29,,, Digitally signedtiby MADHEGOWDANADODDI,VILLAGE,,, REKHA0R LAKSHMIPURA,POST,, Location: RAMANGARA,DISTRICT,-,561,201.,High0Court of0Karnataka ,

2., ACKO,GENERAL,INSURANCE,CO.,,LTD.,, REP,BY,ITS,MANAGER,, THNO.9,,17 ,,'A',MAIN,ROAD,,, NEAR,SUKH,SAGAR,, THRESTAURANT,,5 ,,BLOCK,,, KORAMANGALA,, BANGALORE,-,560,095., …RESPONDENTS, (BY,SRI.,B.,PRADEEP,,ADVOCATE,FOR,R2,, ,,,,,,VIDE,ORDER,DATED,17.08.2026,NOTICE,TO,R1,IS,, ,,,,,,DISPENSED,WITH), ((((((((((((HC-KAR, NC:(2026:KHC:43761( MFA(No.(7915(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010629012023( ( ( , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:01.09.2023,,, PASSED,IN,MVC,NO.,,5887/2021,,ON,THE,FILE,OF,THE,,III, ADDITIONAL, JUDGE, AND, MEMBER,, MACT,, COURT, OF, SMALL, CAUSES,, BENGALURU, (SCCH-18),, 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,T.M.NADAF, , ORAL(JUDGMENT( ( This, appeal, is, by, claimant, seeking, enhancement, of, compensation, arising, out, of, judgment, and, award, dated,

01.09.2023,, in, MVC.No.5887/2021, passed, by, the, III, Additional, Judge, and, Motor, Accident, Claims, Tribunal,, 1Court,of,Small,Causes,,Bengaluru,(SCCH-18) .(

¶2Heard,Sri.Rangegowda.N.R,,learned,counsel,for, the, claimant, and, Sri.B.Pradeep,, learned, counsel, for, respondent, No.2-Insurer., Vide, order, dated, 17.08.2026,,

"Tribunal",for,short

notice of this appeal is dispensed with in respect of respondent No.1.

¶3The parties are referred to as per their ranking before the Tribunal.

¶4Sri.Rangegowda, vehemently submits that the claimant has suffered two fractures i.e., communited displaced fracture of shaft of PVA and fibula along with other injuries. Totally 6 in numbers. He was an in-patient for a period of 14 days and underwent surgery implants were inserted. The Doctor who has been examined has stated that the total limb divisibility is at 42% and the whole body at 14%. However the Tribunal has considered it as 10%, though applied proper income. He further submits that the compensation awarded under the head loss of income during laid-up period, attendant, nourishment and conveyance charges, loss of amenities are inadequately awarded and requires reconsideration.

¶5Sri.B.Pradeep, though argued in support of the judgment and award passed by the Tribunal, however he is not in serious dispute with the fracture suffered and the evidence of the Doctor.

¶6Having considered the rival submissions and perusal of award passed by the Tribunal, this Court is of the opinion that the compensation awarded under loss of future income, loss of income during laid-up period, attendant nourishment, conveyance charges and loss of amenities requires reconsideration.

¶7The Tribunal in the teeth of evidence adduced by the Doctor - PW.3, stating 14% disability to the whole body and 42% to the particular limb, however considered only 10% which is against the medical evidence. The claimant is an agricultural coolie. In that view of the matter, if the disability is taken at the rate of 15% to the whole body, the same would meet the ends of justice.

¶8Accordingly, this Court proceed to reassess the compensation awarded by the Tribunal which is as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs.

¶1Pain and Suffering 75,000-00 75,000-00

¶2Loss of income during laid-up period and rest period 15,000-00 60,000-00 (15,000x4)

¶3Medical expenses 36,142-00 36,142-00

¶4Attendant, Nourishment and Conveyance Charges 10,000-00 20,000-00

¶5Loss of future income 2,52,000-00 3,78,000-00 (15,000x12x14x15%)

¶6Loss of amenities 20,000-00 50,000-00

¶7Future medical expenses 20,000-00 20,000-00

TOTAL 4,28,142-00 6,39,142-00

¶9The claimants are entitled for enhanced compensation of Rs.2,11,000/- (Rs.6,39,142-Rs.4,28,142) with interest at the rate 6% interest per annum from the date of petition till realization.

¶10For the foregoing reasons, this Court proceedings pass the following:

ORDER

(i) The appeal is allowed in part.

(ii) The judgment and award dated 01.09.2023 passed by the Tribunal in MVC.No.5887/2021

is modified and enhanced to Rs.2,11,000/- with interest at the rate of 6% per annum from the date of petition till realization.

(iii) Respondent No.2-Insurer shall deposit the entire enhanced compensation along with accrued interest stated supra within six weeks from the date of receipt of copy of this order before the concerned Tribunal.

(iv) Upon deposit the entire amount is ordered to be released in favour of the claimant on proper identification.

(v) The Registry to send back the trial Court record to the concerned Tribunal, without causing any delay.

(vi) No order as to costs.

Sd/- (T.M.NADAF) JUDGE

RR List No.: 1 Sl No.: 2 ct-vn