Sri Sagar v. Sri Sanjay

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH MISCELLANEOUS FIRST APPEAL NO. 3129 OF 2021 (MV-I) BETWEEN:

¶1SRI. SAGAR, S/O DASAPPA, AGED ABOUT 25 YEARS, R/AT MYLANAYAKANAHALLI VILLAGE, KASABA HOBLI, RAMANGARA TQ. AND DIST. - 562 159. NOW AT PAREDODDI VILLAGE, CHANNAPATNA TALUK, RAMANAGARA DIST. - 562 159.

…APPELLANT (BY SRI. RITHISH D. NAIK, ADVOCATE)

AND:

¶1SRI. SANJAY, S/O MALLESHA M., R/AT NO.75/3,

Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka

MUNIYAPPANADODDI VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DIST. – 562 159.

¶2THE NEW INDIA ASSURANCE COMPANY LIMITED, NO.2241/4, GIRIYAMMA SHAMBUGOWDA COMPLEX, CHURCH ROAD, CHANNAPATNA TALUK, RAMANAGARA DIST. – 562 159.

…RESPONDENTS (BY SRI. M.S. SRIRAM, ADVOCATE FOR R2; NOTICE TO R1 IS D/W, V/O DATED 02.08.2021) ----

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.08.2020, PASSED IN MVC.NO.470/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., CHANNAPATNA TALUK AT RAMANAGARA DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL JUDGMENT

¶1This appeal has been filed by the appellant being aggrieved by the judgment and award dated 05.08.2020 passed in MVC No.470/2016 on the file of the Senior Civil Judge and JMFC and Addl. MACT, Channapatna, wherein the Tribunal awarded compensation of Rs.8,20,000/- with interest at 6% p.a. from the date of petition till the deposit of the amount in the Tribunal and seeking enhancement of compensation.

Brief facts of the case:

¶2On 17.7.2016, at about 7.20 p.m., the appellant was traveling on his motorcycle bearing registration No.KA-42-B-1700 near the house of one Krishna, situated on Devarahosahalli – Paredoddi road. At that time, the driver of the TATA Indica car bearing registration No.KA-41-7843 dashed against the motorcycle; consequently, the appellant fell down and sustained injuries. The appellant had taken treatment as an inpatient for 30 days and also underwent surgery twice, and a rod was

implanted to his right leg etc. Therefore, a claim petition was filed by the appellant before the Tribunal. The Tribunal awarded Rs.8,20,000/- along with interest at 6% per annum.

¶3Heard Sri Rithish D Naik, learned counsel for the appellant and Sri M S Sriram, learned counsel for the respondent No.2.

¶4The submission of learned counsel for the appellant is that the accident is of the year 2016, the notional income of the appellant ought to have been considered as Rs.9,500/- p.m. and the same has to be recalculated under the head of loss of future earnings.

¶5It is further submitted that loss of earnings during laid-up period and also additional medical bills produced by filing an application under Order 41 Rule 27 of the Code of Civil Procedure are required to be considered and the compensation has to be re-determined in the interest of justice, is the submission of learned counsel for the appellant.

¶6Per contra, learned counsel for the respondent No.2 vehemently justified the order of the Tribunal and submitted that the findings of the Tribunal in awarding the compensation and considering the oral and documentary evidence on record appears to be appropriate and proper. The notional income of the appellant may be considered and re-determined as per the chart. Making such submissions, learned counsel for the respondent No.2 prays to allow the appeal in part and dismiss rest of the claims.

¶7Having heard learned counsel for the respective and also on going through the findings of the Tribunal, it is an admitted fact that the accident had occurred on

17.07.2016. The appellant was aged about 20 years. Since he has not produced any document to show that he was the earning member of the family, the notional income of Rs.9,500/- has to be considered for the purpose of determining the loss of future earnings. If 50% of the income of the appellant is deducted as per the age of the appellant, it comes to Rs.4,750/-. Then,

the calculation under the head of loss of future earnings would be as follows: 9500 x 50% = 4750 x 12 x 18 = 10,26,000

¶8Consequently, the award of the Tribunal is modified and the claimant would be entitled to the compensation as under:-

Sl. No.

Particulars Award amount (in Rupees) Tribunal This Court Pain and suffering 50,000 50,000 Loss of amenities and happiness 40,000 50,000 Medical and Incidental charges 2,50,000 3,10,182 Loss of earning during laid up period (9500x6) 48,000 57,000 Loss of future earning due to permanent disability

4,32,000 10,26,000

TOTAL 8,20,000 14,93,182 - 8,20,000 = 6,73,182

¶9In the light of the observations made above, I proceed to pass the following:- ORDER

i) Miscellaneous First Appeal is allowed in part.

ii) The judgment and award dated 05.08.2020 passed in MVC No.470/2016 on the file of the Senior Civil Judge and JMFC and Addl. MACT, Channapatna, is modified, granting compensation of Rs.14,93,182/- (Rupees Fourteen Lakhs Ninety-Three Thousand One Hundred and Eighty-two only) as against Rs.8,20,000/- awarded by the Tribunal.

iii) The claimant is entitled to enhanced compensation of Rs.6,73,182/- with interest at the rate of 6% per annum from the date of this appeal till realisation.

iv) The enhanced compensation amount shall be deposited by the second respondent within a period of eight weeks from the date of receipt of the certified copy of this judgment.

v) The Tribunal is directed to release the entire amount in favour of the claimant, on proper identification.

vi) The Registry is directed to communicate the order to the Tribunal and send the records to the Trial Court forthwith.

Sd/- (S RACHAIAH) JUDGE

Bss List No.: 1 Sl No.: 36