Sri Sampangi A v. Sri Anand R

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 5211 OF 2026 (MV-I) BETWEEN:

SRI SAMPANGI A AGED ABOUT 34 YEARS S/O SRI ANBU R/O No.34 NEAR SANGOLLI RAYANNA STATUE LAKSHMIPURA GANDHINAGAR, K.G. ROAD BENGALURU-560 009. …APPELLANT

(BY SRI K V NAIK, ADVOCATE)

AND:

¶1SRI ANAND R S/O SRI THAYAPPA MAJOR, R/O D.No.228, ANJANEYA TEMPLE RD., BILESHIVALE HANUMANTHANAGARA DR. B.R. SHIVARAMA KARANTH NAGARA BENGALURU-560 077. (OWNER OF MOTOR CYCLE BEARING REGN.No.KA-03-KT-2530).

Location: HIGH COURT OF KARNATAKA

¶2THE MANAGER BAJAJ ALLIANZ GEN.INS.CO.LTD., No.1/2, 4TH FLOOR GOLDEN HEIGHTS 59TH 'C' CROSS, 4TH 'M' BLOCK RAJAJINAGARA BENGALURU-560 010. …RESPONDENTS

(BY SRI MALLIKARJUNA REDDY N A ADVOCATE, FOR SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 22.07.2026 NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:02.04.2026. PASSED IN MVC No.5656/2024 ON THE FILE OF THE THE XXIV ADDITIONAL SMALL CAUSE JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, AT BENGALURU., 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 appellant – claimant seeking enhancement of compensation awarded in judgment and award dated 02.04.2026 passed in MVC No.5656/2024 by the XXIV Additional Small Causes Judge and Member, MACT, Bengaluru (SCCH-26).

¶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 -insurer.

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

07.06.2026 contending that the accident occurred due to rash and negligent riding of the Motor Cycle of the rider bearing registration No.KA-03-KT-2530. The Tribunal after recording evidence of the parties, appreciating the evidence on record assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Loss of future income due to disability 3,16,800/-

¶02Pain and sufferings 60,000/-

¶03Loss of fracture amenities and happiness 40,000/-

¶04Attendant charges, extra nutritious food and 21,000/-

conveyance charges

¶05Medical Expenses 5,59,287/-

¶06Loss of income during laid up period 49,500/-

¶07Future medical expenses 20,000/-Total 10,66,587/-

¶4The Tribunal also awarded interest at the rate of 6% per annum from the date of petition till realization and directed respondent No.2 - insurer to deposit the award amount with interest. 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 had sustained two fractures and other injuries. Considering the same, compensation awarded towards pain and suffering and loss of amenities are in lower side. P.W.3 – Doctor who examined claimant has assessed the disability at 40% to the lower limb and 20%

to whole of body. The disability taken by the Tribunal at 10% is on lower side. The accident occurred in the year 2024 and the income fixed for the said year is Rs.17,000/-. The Doctor has stated that the claimant has to undergo operation for removal of implants. Considering the same, the compensation awarded towards future medical expenses requires to be enhanced. With this he prayed to allow the appeal.

¶7Learned counsel for respondent No.2 –insurer would contend that the Doctor has stated that the fractures are united and considering the same, the Tribunal has rightly taken disability at 10%. The compensation awarded under all heads are just and proper. There are no grounds for enhancement of compensation. With this, he prayed to dismiss the appeal.

¶8Having heard learned counsel for the parties, the Court has perused impugned judgment and award.

¶9The accident occurred on 07.06.2024 and as on the date of accident, the claimant was aged 32 years. Considering the said aspect, the Tribunal has rightly taken multiplier '16'. The claimant had contended that he was doing catering business but no documents were produced in that regard. Considering the same, notional income has to be taken. The notional income fixed by Karnataka State Legal Services Authority for the year 2024 is Rs.17,000/- and same is to be taken as against Rs.16,500/- taken by the Tribunal.

¶10The Doctor has stated that the claimant had sustained 40% disability to the lower limb and considering the same the disability to the whole body is to be taken at 13% (1/3rd of 40%) as against 10% taken by the Tribunal. In view of the above, loss of future income is calculated as under: 17,000/- x 12 x 16 x 13% =Rs.4,24,320/-.

¶11Considering that the claimant had sustained two fractures and other injuries, the compensation awarded by the Tribunal in sum of Rs.60,000/- towards pain and suffering requires to be enhanced to Rs.70,000/- and loss of amenities in a sum of Rs.40,000/- requires to be enhanced to Rs.50,000/-. The compensation awarded by the Tribunal towards attendant and conveyance charges and medical expenses is just and proper. The Tribunal has awarded loss of income during laid up period for a period of 3 months. Now notional income is taken at Rs.17,000/- per month. Therefore, the claimant is entitled to loss of income during laid up period for 3 months in a sum of Rs.51,000/- (Rs.17,000/-x3) as against Rs.49,500/- awarded by the Tribunal.

¶12The Doctor has stated that the claimant has to undergo surgery for removal of the implant. Therefore, the claimant is entitled to future medical expenses in a sum of Rs.30,000/- as against Rs.20,000/- awarded by the Tribunal.

¶13In view of the above, claimant is entitled to total compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Loss of future income 4,24,320/-

¶02Pain and suffering 70,000/-

¶03Loss of amenities 50,000/-

¶04Attendant charges, extra nutritious food and conveyance charges 21,000/-

¶05Medical Expenses 5,59,287/-

¶06Loss of income during laid up period 51,000/-

¶07Future medical expenses 30,000/-Total 12,05,607/-

¶14Considering the above aspects, claimant is entitled to total compensation of Rs.12,05,607/- as against Rs.10,66,587/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till the date of realization. Consequently, the claimant is entitled to enhanced compensation of

Rs.1,39,020/- with interest at the rate of 6% per annum from the date of petition till the date of realization. Respondent No.2 –insurer is liable to pay the said enhanced compensation with interest.

¶12In 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.1,39,020/- with interest at the rate of 6% per annum from the date of petition till the date of 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) The appellant –claimant is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

LRS List No.: 1 Sl No.: 5 Ct.sm