Sri Jagannath Achari v. Sri Chandra Poojari

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 4635 OF 2026 (MV-I)

BETWEEN:

SRI JAGANNATH ACHARI S/O. SHEENA ACHARI AGED ABOUT 67 YEARS R/AT YALLAMPALLI NEELAVARA VILLAGE AND POST UDUPI TALUK AND DISTRICT - 576 213.

…APPELLANT

(BY SRI. NAGARAJA H R, ADVOCATE)

AND:

¶1SRI CHANDRA POOJARI S/O. KUSTA, AGED ABOUT 55 YEARS R/AT JANATHA COLONY VARAHI ROAD SIDDAPURA VILLAGE KUNDAPURA TALUK UDUPI DISTRICT -576 201.

¶2THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE KUNDAPURA-576 201.

Location: HIGH COURT OF KARNATAKA

REP. BY ITS BRANCH MANAGER.

…RESPONDENTS

(BY SRI. .,ADVOCATE)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:03.06.2025 PASSED IN MVC No.308/2019 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, UDUPI (SITTING AT KUNDAPURA) .,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

¶1This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 03.06.2025 passed in MVC No. 308/2019 by the Additional District Judge and Additional MACT, Udupi.

¶2Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on

02.12.2018 due to the rash and negligent driving by the driver of car bearing registration No. KA-20-AA-4661. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

Loss of future income arising out of permanent disability Rs.1,38,600/-Loss of income during laid the period of treatment Rs.90,000/-Medical bill, conveyance, nutrition and attending charges Rs.53,986/-Loss of amenities Rs.10,000/-Pain and suffering Rs.20,000/-Future medical expenses Rs.40,000/-

Total Rs.3,52,586/-

¶3The 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.

¶4Heard learned counsel for appellant – claimant and learned counsel for respondent No. 2 – Insurer.

¶5The accident occurred on 02.12.2018 and as on the date of accident, claimant was aged 62 years. Claimant is stated to be a Yakshagana artist. The Tribunal has rightly taken the income of the claimant at Rs.10,000/- per month and applied multiplier `7'. The claimant had sustained the following injuries: i. Open fracture of right tibia and fibula ii. Right foot drop

¶6Considering the injuries sustained by the claimant, compensation awarded towards `pain and suffering' in a sum of Rs.20,000/- is enhanced to Rs.40,000/- and `loss of amenities' awarded in a sum of Rs.10,000/- is enhanced to Rs.30,000/-.

¶7P.W.2 doctor who had examined the claimant and assessed the disability has stated that claimant is

having permanent disability of 22% of right lower limb locomotor functions. The Tribunal has taken the functional disability at 11%.

¶8Claimant is a Yakshagana artist. Considering his avocation, fracture sustained by him and the injuries, the functional disability is to be taken at 20% as against 11% taken by the Tribunal.

¶9In view of the above, loss of future income is calculated as under: 15,000 X 12 X 7 X 20% = Rs.2,52,000/-

¶10The Tribunal has rightly awarded `loss of income during laid up period' for 6 months, medical expenses and future medical expenses.

¶11In view of the above, claimant is entitled to total compensation under various heads as under:

Pain and suffering Rs.40,000/-Loss of amenities Rs.30,000/-

Loss of income during laid up period Rs.90,000/-Medical expenses Rs.53,986/-Future medical expenses Rs.40,000/-Loss of future income Rs.2,52,000/-

Total Rs.5,05,986/-

¶12The claimant is entitled to total compensation of Rs.5,05,986/- as against Rs.3,52,586/- awarded by the Tribunal with interest. Consequently the claimant is entitled to enhanced compensation of Rs.1,53,400/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. Claimant is not entitled to interest for the delay period of 270 days in filing the appeal as per order dated 17.09.2026 passed on I.A. No. 1/ 2026. Respondent No. 2 - Insurer is liable to pay the said enhanced compensation with interest.

¶13In view of the above the following; O R D E R a) Appeal is allowed in part.

b) Appellant - claimant is entitled to enhanced compensation of Rs.1,53,400/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. c) Appellant – Claimant is not entitled to interest for the delay period of 270 days. d) Respondent No. 2 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day. e) Appellant - claimant is entitled to release of entire enhanced compensation. Learned counsel for respondent No.2 is permitted to file vakalath within a period of 10 days.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

LRS List No.: 1 Sl No.: 17 Ct.sm