Anil Raju @ Anil v. Abdul Khaliq

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 5371 OF 2026 (MV-I) BETWEEN:

ANIL RAJU @ ANIL S/O LINGARAJU, AGED ABOUT 25 YEARS, R/AT UGANE VILLAGE, PALYA POST, KOLLEGALA TALUK, CHAMARAJANAGARA TQ AND DIST. -571 441. …APPELLANT (BY SRI. SREENIVASAN M.Y., ADVOCATE) AND:

¶1ABDUL KHALIQ S/O ABDUL AZEEZ, MAJOR, R/AT MUSLIM BLOCK, BANDAHALLY VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGAR DIST. -571 441.

¶2BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., NO.305, ATCHAM'S MANSION, DR.RAJKUMAR ROAD, SOUTHERN EXTENSION, KOLLEGALA - 571 441. …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2; VIDE ORDER DATED 30.07.2026, NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.12.2025 PASSED IN MVC NO.330/2010 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, MACT, CHAMARAJANAGARA (SITTING AT KOLLEGAL) 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 20.12.2025 passed in MVC No.330/2010 by I Additional District and Sessions Judge and Member, MACT, Chamarajanagara (sitting at Kollegala).

¶2Even 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.

¶3The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained

by him in a road traffic accident occurred on 07.11.2010 contending that the accident occurred due to rash and negligent driving by the driver of Maruti Omni Car bearing registration No.KA-12/MA-7806.

¶4The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars

Amount

¶1Towards expenses relating to treatment and hospitalisation and medicines Rs. 91,000/-

¶2Towards attendant charges Nourishment and diet food Rs. 15,000/-

¶3Towards Loss of earning during the period of treatment Rs. 24,000/-

¶4Towards pain and suffering Rs. 30,000/-

¶5Towards conveyance charges Rs. 20,000/-

¶6Towards loss of future earning on account of permanent disability Rs. 2,72,160/-

¶7Towards future medical expenses Rs. 30,000/-

¶8Towards loss of amenities 20,000/-

Total Rs. 5,02,160/-

¶5The 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. The claimant has filed the present appeal seeking enhancement of compensation.

¶6Heard the learned counsel for appellant and learned counsel for respondent No.2/insurer.

¶7Learned counsel for the appellant is seeking enhancement of compensation awarded by the Tribunal under the heads pain and sufferings, loss of amenities and loss of income during laid up period.

¶8The claimant has sustained the following injuries:

a) Fracture of proximal humearous right side

b) Fracture of distal end of radius right side

and multiple lacerated wounds over lower

half of the face and right side of the chest.

¶9The claimant has sustained injury to his face and undergone skin grafting. Considering the said aspect, the compensation awarded by the Tribunal towards pain and sufferings in a sum of Rs.30,000/- is enhanced to Rs.60,000/- and loss of amenities in a sum of Rs.20,000/- is enhanced to Rs.50,000/-.

¶10The claimant has been admitted in hospital for fifty two (52) days and considering the same, the claimant has to take rest atleast for three (03) months and therefore, the claimant is entitled to loss of income during laid up period for (06) months in a sum of Rs.36,000/- (Rs.6,000/- X 06 months) as against Rs.24,000/- awarded by the Tribunal.

¶11Considering all the above aspects, the claimant is entitled to enhanced compensation under the following heads:

Sl. No. Particulars

Amount

¶1Pain and sufferings Rs. 30,000/-

¶2Loss of amenities Rs. 30,000/-

¶3Loss of income during laid up period Rs. 12,000/-

Total Rs. 72,000/-

¶12Consequently, the claimant is entitled to enhanced compensation of Rs.72,000/- with interest at the rate of 6% per annum from the date of petition till realisation excluding the period between 10.06.2016 to

08.09.2025.

¶13Respondent No.2/insurer is liable to pay the said enhanced compensation amount with interest.

¶14In 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.72,000/- with interest at the rate of 6% per annum from the date of petition till realisation

excluding the period between 10.06.2016 to 08.09.2025.

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.

(SHIVASHANKAR AMARANNAVAR) JUDGE

KLV List No.: 1 Sl No.: 34