Narayanaswamy v. Komitla Sathyanarayana Reddy

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 3924 OF 2025 (MV-I) BETWEEN:

NARAYANASWAMY S/O. APPAYAPPA AGED ABOUT 45 YEARS R/AT. JANGAMAHOSAHALLI VILLAGE MULBAGAL TALUK KOLAR DISTRICT. …APPELLANT

(BY SRI RAJAT G SIDDAPURAMTH, ADVOCATE FOR SRI H PAVANA CHANDRA SHETTY, ADVOCATE)

AND:

¶1KOMITLA SATHYANARAYANA REDDY S/O. ADIREDDY AGED ABOUT 77 YEARS R/AT. 25-9-538 4TH CROSS ROAD BANK COLONY STAGE AK NAGAR, NELLUR CITY SPSR NELLUR DISTRICT ANDHRA PRADESH.

¶2UNITED INDIA INSURANCE COMPANY LIMITED No.24/3985-2 ARYA TOWERS, GNT ROAD OPP. BOLLINENI HOSPITAL

Location: HIGH COURT OF KARNATAKA

DARGAMITTA, NELLURU-524 004. ANDHRA PRADESH REP. BY ITS MANAGER. …RESPONDENTS

(BY SMT. GEETHA RAJ, ADVOCATE FOR R2 R1 SERVED BUT UNREPRESENTED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.01.2025 PASSED IN MVC No.58/2023 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, KOLAR, 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 SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT This appeal is filed by the appellant -claimant seeking enhancement of compensation awarded in judgment and award dated 08.01.2025 passed in MVC No.58/2023 by I Additional District and Sessions Judge and MACT, Kolar.

¶2Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellant and learned counsel for respondent No.2. Inspite of service of notice, respondent No.1 remained absent and unrepresented.

¶3The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 05.01.2020 contending that the accident occurred due to rash and negligent driving of the driver of private bus bearing registration No.KA-05/E-0542. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Towards Pain and agony 50,000/-

¶02Towards Loss of amenities 25,000/-

¶03Towards Medical expenses and future medical expenses 66,250/-

¶04Towards Incidental charges 25,000/-

¶05Towards Loss of income during laid up period 5,000/-Total 1,71,250/-

¶4The Tribunal also awarded interest at the rate of 6% per annum from the date of petition till realization. The Tribunal has held that cheque issued towards payment of claim has been dishonoured. Therefore, there is no insurance policy and held that respondent No.1 –owner of

vehicle is liable to pay compensation. The claimant seeking enhancement of compensation has filed the present appeal.

¶5Heard learned counsel for the appellant and learned counsel for respondent No.2 -insurer.

¶6Learned counsel for appellant would contend that the claimant has sustained severe head injury, fracture of left occipital region and multiple injuries all over the body. The compensation awarded towards pain and suffering and loss of amenities are on lower side. The claimant was agriculturalist and considering the injuries sustained, he has to take rest for 03 months. The compensation awarded towards loss of income during laid up period is on lower side. With this, he prays to allow the appeal and enhancement of compensation.

¶7Learned counsel for respondent No.2 –insurer would contend that the Tribunal has held that the insurer is not liable to pay the compensation and owner of the

vehicle is liable to pay the compensation. The said finding of the Tribunal has not been challenged by the appellant.

¶8Having heard learned counsels, the Court has perused impugned judgment and award.

¶9The accident occurred on 05.01.2020 and as on the date of accident, the claimant was aged 43 years. The claimant has sustained severe head injury, fracture of left occipital region and multiple injuries all over the body. Considering the said injuries sustained, compensation awarded towards pain and suffering in a sum of Rs.50,000/- requires to be enhanced to Rs.75,000/- and loss of amenities in a sum of Rs.25,000/- requires to be enhanced to Rs.40,000/-. The claimant has been admitted in the hospital for 15 days. Considering the injury sustained by the claimant i.e., head injury and that his avocation is agriculture, he has to take rest at least for 03 months and therefore, he is entitled to loss of income during laid up period for 03 months in a sum of

Rs.43,500/- (Rs.14,500/- x3) as against Rs.5,000/- as awarded by the Tribunal.

¶10In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Pain and Suffering 75,000/-

¶02Loss of amenities 40,000/-

¶03Medical expenses 66,250/-

¶04Incidental charges 25,000/-

¶05Loss of income during laid up period 43,500/-Total 2,49,750/-

Considering the above aspects, the claimant is entitled to total compensation of Rs.2,49,750/- as against Rs.1,71,250/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.78,500/- with interest at the rate of 6% per annum from the date of petition till realization. Respondent No.1 –owner of the vehicle is liable to pay the said enhanced compensation with interest.

¶11In 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.78,500/- with interest at the rate of 6% per annum from the date of petition till realization.

iii) Respondent No.1 –owner of the vehicle shall deposit the enhanced compensation 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.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 7 Ct.sm