Sri Shettygowda v. Sri Madhusudhan H S

Judgment and Award.

¶10On perusal of Ex.P12 - Wound certificate, the claimant has sustained two simple injuries and one grievous injury. The said grievous injury is fracture of right zygomatic bone. The claimant has been admitted in the hospital for thirty nine (39) days. Considering the fractures sustained, the claimant has to take rest atleast for four

(04) months and therefore, the claimant is entitled to loss of income during laid up period for four (04) months. The compensation awarded towards attendant, conveyance,

food and nourishment etc., is to be taken for thirty nine

(39) days.

¶11Considering all the above aspects, the claimant is entitled to enhanced global compensation of Rs.50,000/- without any interest.

¶12Respondent No.2/insurer is liable to pay the said enhanced global compensation amount.

¶13In view of the above, the following:

ORDER

i) Miscellaneous First Appeal is allowed-in-part.

ii) The appellant/claimant is entitled to enhanced global compensation of Rs.50,000/- without any interest.

iii) Respondent No.2/insurer shall deposit the enhanced global compensation amount before the Tribunal within a period of six weeks from the date of receipt of copy of this order.

iv) If enhanced global compensation amount is not deposited within the said period, the respondent No.2/insurer is liable to pay interest at the rate of 6% per annum from the date of this Judgment till deposit.

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

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

KLV List No.: 1 Sl No.: 19

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 2130 OF 2026 (MV-I) BETWEEN: SRI. SHETTYGOWDA S/O THOPEGOWDA, AGED ABOUT 57 YEARS, R/AT KUDUKUNDI VILLAGE, GANDASI HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 119, PRESENT R/AT HOUSE NO.46/1, GOORAMARANAHALLI EXTENSION, WARD NO.1, CHANNARAYAPATNA TOWN AND TALUK, HASSAN DISTRICT - 573 116. …APPELLANT (BY SRI. RAJARAMA S., ADVOCATE) AND: 1. SRI. MADHUSUDHAN H.S. S/O SHIVALINGEGOWDA H.L., AGED ABOUT MAJOR, R/AT HIRISAMUDRA VILLAGE, CHIKKAYARAGANALU POST, GANDASI HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 119. 2. THE REGIONAL MANAGER CHOLAMANDALAM M.S GENERAL INSURANCE Location: HIGH COURT OF KARNATAKA COMPANY LIMITED, GOLDEN HEIGHT COMPLEX, NO.59, P CROSS, RAJAJINAGARA, BENGALURU - 560 027. …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2; VIDE ORDER DATED 15.06.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.01.2025 PASSED IN MVC NO.1351/2023 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, (SITTING AT CHANNARAYAPATN), 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 This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 07.01.2025 passed in MVC No.1351/2023 by IV Additional District and Sessions Judge, Hassan (sitting at Channarayapatna). 2. Even though the matter is listed today for admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.2/insurer, the matter is taken up for disposal. 3. The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident occurred on 04.03.2023 contending that the accident occurred due to rash and negligent driving by the rider of motorcycle bearing registration No.KA-13-EU-6835. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed compensation and awarded compensation under various heads as under: Sl. No. Particulars Amount 1. Pain and suffering Rs. 50,000/- 2. Loss of amenities Rs. 1,50,000/- 3. Loss of earnings during laid up period Rs. 32,000/- 4. Food, nourishment and other miscellaneous expenses Rs. 20,000/- Total Rs. 2,52,000/- 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.2/insurer to pay the compensation awarded with interest. The claimant has filed present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellant and learned counsel for respondent No.2/insurer. 7. Learned counsel for appellant would contend that, the claimant has sustained two simple injuries and one grievous injury i.e., fracture of right zygomatic bone and the claimant has been admitted in the hospital for thirty nine (39) days. Considering the said aspect, the compensation awarded towards pain and sufferings, loss of amenities, loss of income during laid up period and attendant, conveyance, food and nourishment etc., are on lower side. With these, he prayed to allow the appeal. 8. Learned counsel for respondent No.2/insurer would contend that, the compensation awarded on all heads is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal. 9. Having heard learned counsel for appellant/claimant and learned counsel for respondent No.2/insurer, the Court has perused the impugned