Bharath G R v. Madhukeswara C H

Judgment and Award.

¶10The accident occurred on 27.02.2023 and as on the date of accident, the claimant was aged twenty one

(21) years. The notional income fixed for the year 2023 by Karnataka State Legal Services Authority is Rs.16,250/- and the said income is to be taken as against Rs.16,000/- taken by the Tribunal. The Doctor has rightly assessed the disability at 10%. The Tribunal has rightly applied the multiplier '18' since the claimant was aged twenty one (21) years. In view of the same, loss of future income is calculated as under:

Rs.16,250/-X 12 X 18 X 10% = Rs.3,51,000/-

¶11As per Ex.P9 - Discharge summary, the claimant has sustained fracture of both bones of left leg. Considering the said aspect, the compensation awarded for pain and sufferings requires to be enhanced to Rs.60,000/- as against Rs.25,000/- awarded by the Tribunal, loss of amenities requires to be enhanced to Rs.40,000/- as against Rs.25,000/- awarded by the

Tribunal. Considering the injuries sustained, the claimant has to take rest atleast for three (03) months and therefore, loss of income during laid up period in a sum of Rs.48,750/- (Rs.16,250/- X 03 months) as against Rs.25,000/- awarded by the Tribunal.

¶12The Tribunal has rightly awarded compensation towards attendant, conveyance, food and nourishment etc., in a sum of Rs.25,000/- and medical expenses in a sum Rs.1,60,243/-.

¶13Considering all the above aspects, the claimant is entitled to total compensation under various heads as under: Sl. No. Particulars

Amount

¶1Pain and sufferings Rs. 60,000/-

¶2Loss of amenities Rs. 40,000/-

¶3Loss of income during laid up period Rs. 48,750/-

¶4Attendant and conveyance charges etc., Rs. 25,000/-

¶5Medical expenses Rs. 1,60,243/-

¶6Loss of future income Rs. 3,51,000/-

Total Rs. 6,84,993/-

¶14The claimant is entitled to total compensation of Rs.6,84,993/- as against Rs.5,02,163/- awarded by the Tribunal with interest.

¶15Consequently, claimant is entitled to enhanced compensation of Rs.1,82,830/- (Rs.6,84,993/- - Rs.5,02,163/-) with interest at the rate of 6% per annum from the date of petition till realisation.

¶16Respondent No.2/insurer is liable to pay the said enhanced compensation amount with interest.

¶17In view of the above, the following:

ORDER

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

ii) The appellant/claimant is entitled to enhanced compensation of Rs.1,82,830/- with interest at the rate of 6% per annum from the date of petition till realisation.

iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day.

iv) The appellant/claimant is entitled to release of entire enhanced compensation with interest.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

KLV List No.: 1 Sl No.: 18

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. 8733 OF 2025 (MV-I) BETWEEN: BHARATH G.R. S/O G.M. RAJU, AGED ABOUT 23 YEARS, WASHING MACHINE REPAIR WORK, R/O D.NO.1887/17, KUNDAVADA ROAD, VINAYAKA NAGARA, 3RD CROSS, DAVANERE CITY - 577 002. …APPELLANT (BY SRI. A.K. SREEHARSHA, ADVOCATE) AND: 1. MADHUKESWARA C.H. S/O LATE HANUMANTHAPPA, AGED ABOUT 59 YEARS, DRIVER CUM OWNER OF THE VEHICLE BEARING REG. NO.KA-02/MJ-2699, R/O D.NO.213, MARUTHI, 5TH MAIN ROAD, TUMKUR ROAD, CHIKKABIDARAKALLU, RAVI KIRLOSKAR LAYOUT, NAGASANDRA POST, BENGALURU - 560 073. 2. HDFC ERGO GEN. INS. COM. LTD., REP. BY ITS MANAGER, IRDAIR.R.NO.115, REGISTERED CORPORATE OFFICE, Location: HIGH COURT OF KARNATAKA 1ST FLOOR, KDFC HOUSE, 165/166, BACK BAY, RECLAMATION, HT PAREKH MARG, CHURCHGATE MUMBAI - 400 020. REP. BY ITS MANAGER, HDFC ERGO GEN. INS. COM. LTD., 1ST FLOOR, VIRUPAKSHA KRUPA, OPP. KIMS MAIN GATE, PF ROAD, VIDYANAGARA, HUBBALLI - 580 009. …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2; VIDE ORDER DATED 17.07.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.09.2025 PASSED IN MVC NO.601/2023 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, 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 02.09.2025 passed in MVC No.601/2023 by II Additional Senior Civil Judge and JMFC, Davanagare. 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 27.02.2023 contending that the accident occurred due to rash and negligent driving by the driver of Car bearing registration No.KA-02/MJ-2699. 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. Loss of future income Rs. 2,41,920/- 2. Pain and suffering Rs. 25,000/- 3. Loss of income during laid up period Rs. 25,000/- 4. Attendant charges transportation and miscellaneous expenses Rs. 25,000/- 5. Loss of amenities and nutritional food Rs. 25,000/- 6. Medical expenses Rs. 1,60,243/- Total Rs. 5,02,163/- 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 Tribunal based on the evidence of Doctor has rightly taken the disability at 10%. The notional income is to be taken at Rs.16,250/- as per the chart prepared by the Karnataka State Legal Services Authority for the year 2023 as against Rs.16,000/- taken by the Tribunal. The Tribunal has rightly applied multiplier '18'. The claimant has sustained fracture of both bones of left leg and considering the same, the compensation awarded towards pain and sufferings, loss of amenities and loss of income during laid up period 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 e