Ravi v. Veena M Bhat

((((((((((((HC-KAR, NC:(2026:KHC:44011( MFA(No.(55(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010002592026( ( ( (

IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(17 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(SHIVASHANKAR(AMARANNAVAR(

MISCELLANEOUS(FIRST(APPEAL(No.(55(OF(2026((MV-I)(

BETWEEN:((

( , RAVI, AGED,ABOUT,,55,YEARS,

S/O,TUKRA,POOJARY, R/O,NO,,11-44,,NAGESH,NIVAS,, NEAR,COASTAL,ICE,PLANT,,

UDYAVARA,,PITHRODI,, UDUPI,,-,574,118., …APPELLANT,

(BY,SRI,H,PAVANA,CHANDRA,SHETTY,,ADVOCATE), ( AND:(

(

1., VEENA,M,BHAT, AGE,ABOUT,54,,YEARS,, Digitallytisignedtiby W/O,MURALIDHAR,BHAT, LAKSHMINARAYANA MURTHY0RAJASHRI R/AT,No.,,2-320,,,, Location:0HIGH BHOOMIKA,KORANGRAPADY,POST,, COURT0OF MARPALLI,UDUPI,,-,574,118.,KARNATAKA ,

2., THE,DIVISONAL,MANAGER, IFFCO,TOKYO,GENERAL,INS.,CO.,LTD,M, RDDIVISIONAL,OFFICE,,3 ,,FLOOR,, LALBAGH,TOWER,BALLALBAGH,,M,G,ROAD,, MANGALORE,,-,575,003., …RESPONDENTS, (BY,SRI,MALLIKARJUNA,REDDY,N,A,,ADVOCATE,FOR, ,SRI,B,PRADEEP,,ADVOCATE,FOR,R2, ,NOTICE,TO,R1-D/W),

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:4.11.2025 PASSED IN MVC No.545/2024 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, ADDITIONAL MACT, UDUPI, 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

¶1This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 04.11.2025 passed in MVC No. 545/2024 by the Principal Senior Civil Judge and CJM, Udupi.

¶2Even though the appeal is listed for admission today, with the consent of the learned counsel appearing for appellant – claimant and learned counsel appearing for respondent No. 2 – Insurer it is taken up for disposal.

¶3Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on

28.01.2024 due to the rash and negligent driving by the driver of car bearing registration No. KA-20-MC-4261. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

Sl.No. Heads Amount in (Rs.)

¶01Pain and suffering Rs.50,000/-

¶02Medical expenses Rs.2,65,315/-

¶03Loss of income during laid up period Rs.33,000/-

¶04Food, conveyance, attendant charges Rs.10,000/-

¶05Disability Rs.2,17,800/-

¶06Future medical expenses Rs.80,000/-

TOTAL Rs.6,56,115/-

¶4The 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.

¶5Heard learned counsel for appellant – claimant and learned counsel for respondent No. 2 – Insurer.

¶6Learned counsel for appellant would contend that claimant had sustained lacerated wound left thigh lateral aspect of left leg and type 1 compound comminuted fracture femer left and comminuted fracture both bones left leg. Considering the same compensation awarded by the Tribunal towards `pain and suffering' is on lower side. The Tribunal has not awarded compensation towards `loss of amenities'. P.W.2 – Doctor who examined the claimant has assessed the disability sustained by the claimant at

31.19% disability to the left lower limb and 10% to the whole body. Since the fractures are non-united disability is to be taken on higher side. The Tribunal has taken the notional income of the claimant at Rs.16,500/-, but, as per the chart prepared by the Karnataka State Legal Services

Authority notional income fixed for the year 2024 is Rs.17,000/- and the said income is to be taken. Considering the injuries sustained, claimant had to take rest for at-least 3 months and he is entitled to income during laid up period for a period of 3 months. Claimant was admitted in the hospital for 11 days and therefore compensation awarded by the Tribunal towards attendant, food and conveyance charges is on lower side. P.W.2 – Doctor has stated that since the fractures are not-united, claimant has to undergo bone drafting and estimated cost for the same is Rs.1,30,000/-, but, the Tribunal has awarded Rs.80,000/- towards future medical expenses. With this he prayed to allow the appeal.

¶7Learned counsel for respondent No.2/insurer would contend that the Tribunal considering the evidence of PW.2 – Doctor has rightly taken the disability at 10%. The compensation awarded by the Tribunal on all heads is just and proper and there are grounds for enhancement.

¶8Having heard the learned counsels, the Court has perused the judgment, award and copy of Ex.P10, disability certificate made available by the learned counsel for the appellant.

¶9As per Ex.P10, the claimant has sustained the following injuries: Type I compound comminuted fracture femur left Comminuted fracture both bones left leg.

¶10Considering the said injuries sustained, the compensation awarded towards pain and suffering in a sum of Rs.50,000/- requires to be enhanced to Rs.90,000/-. The Tribunal has not awarded loss of amenities. Therefore, the claimant is entitled to loss of amenities in a sum of Rs.50,000/-. The claimant has been admitted in the hospital for a period of 11 days and therefore, he is entitled to food, attendant and conveyance charges in a sum of Rs.11,000/- (Rs.1000 x 11 days) as against Rs.10,000/- awarded by the Tribunal.

¶11PW.2 is the Doctor and he has stated that claimant has sustained 31.19% disability to the left lower limb and disability to the whole body is 10%. Considering the said evidence the Tribunal has rightly taken the disability at 10%. The Tribunal has taken notional income of the claimant at Rs.16,500/- As per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2024 is Rs.17,000/-and the same is to be taken. The Tribunal has rightly applied multiplier '11'. In view of the same, loss of future income is calculated as under: Rs.17,000 x 12 x 11 x 10% = Rs.2,24,400/-

¶12PW.2 – Doctor has stated that since the fractures are non united, the claimant needs bone grafting which will cost around Rs.1,30,000/-. Considering the said aspects, the compensation awarded towards loss of future medical expenses in a sum of Rs.80,000/- by the Tribunal requires to be enhanced to Rs.1,00,000/-.

¶13In 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 2,24,400/-

¶02Pain and suffering 90,000/-

¶03Medical expenses 2,65,315/-

¶04Loss of income during laid up period 51,000/-

¶05Attendant and conveyance charges 11,000/-

¶06Loss of amenities 50,000/-

¶07Future medical expenses 1,00,000/-

Total 7,91,715/-

¶14Considering the above aspects, the claimant is entitled to total compensation of Rs.7,91,715/- as against Rs.6,56,115/- with interest @ 6% p.a. from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.1,35,600/- 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.

¶15In 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.1,35,600/- 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

LRS List No.: 1 Sl No.: 35 Ct.sm