Sri Shankarappa v. Mr T Venkatesh

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5125 OF 2026 (MV-I) BETWEEN:

SRI SHANKARAPPA S/O RAJAPPA AGED ABOUT 57 YEARS R/AT No.11, 7TH CROSS SANJEEVININAGAR HEGGANAHALLI CROSS BENGALURU SOUTH BENGALURU-560 091. …APPELLANT

(BY SRI GURUDEVA PRASAD K T, ADVOCATE)

AND:

¶1MR. T VENKATESH S/O THIPPAIAH AGED ABOUT 40 YEARS R/AT No.76/2, 3RD STAGE 2ND CROSS, KIRLOSKAR LAYOUT BASAVESHWARNAGAR BENGALURU-560 079.

¶2M/s. UNITED INDIA INS. CO. LTD., BY ITS MANAGER, TB HUB 5TH AND 6TH FLOOR KRUSHI BHAVAN

HUDSON CIRCLE NRUPATHUNGA ROAD BENGALURU-560 001. …RESPONDENTS

(BY SRI C SHANKARA REDDY, ADVOCATE FOR R2 V/O DTD. 17.07.2026, NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:12.08.2025 PASSED IN MVC No.825/2024 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ORDERS 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 12.08.2025 passed in MVC No.825/2024 by the VII Additional Small Causes Judge, Member, MACT-3, Bengaluru.

¶2The appellant made a claim petition praying to award compensation for the injuries sustained by him in a

road traffic accident occurred on 26.12.2023 contending that the accident occurred due to rash and negligent driving of the rider of Scooter bearing Regn.No.KA-02-HS-3768. 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.)

¶01Loss of future income 3,48,480/-

¶02Pain and suffering 30,000/-

¶03Attendant charges, extra nutritious food and conveyance charges 30,000/-

¶04Medical expenses -

¶05Loss of future amenities and unhappiness 30,000/-

¶06Loss of income during laid up period 32,000/-

Total 4,70,480/-

¶3The Tribunal also awarded interest @ 6% p.a. 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.

¶4Heard learned counsel for the appellant and learned counsel for respondent No.2/insurer.

¶5The accident occurred on 26.12.2023 and as on the date of accident the claimant was aged 55 years. Considering the said age of the claimant the Tribunal has rightly taken multiplier '11'. The notional income fixed for the year 2023 by the Karnataka State Legal Services Authority is Rs.16,250/- and the same is to be taken as against Rs.16,000/- taken by the Tribunal.

¶6The claimant has sustained type 2A open fracture both bones right leg at distal third. Considering the said injuries sustained by the claimant, the compensation awarded towards pain and suffering by the Tribunal in a sum of Rs.30,000/- is enhanced to Rs.75,000/- and loss of amenities awarded in a sum of Rs.30,000/- is enhanced to Rs.60,000/-.

¶7The Tribunal has awarded loss of income during laid up period for two months taking the income at Rs.16,000/- p.m. Considering the said fracture sustained

by the claimant, he has to take rest atleast for three months and therefore, he is entitled to loss of income during laid up period in a sum of Rs.48,750/- (Rs.16,250 x 3 months). Considering the injury sustained and the days of admission in the hospital, the Tribunal has rightly awarded attendant and conveyance charges etc. in a sum of Rs.30,000/-.

¶8PW.3 – Doctor who has examined the claimant and assessed the disability has stated that claimant has sustained 47% disability to the lower limb and 24% to the whole body. The Tribunal has taken disability to the whole body at 15%. In cases of disability to lower limb, 1/3rd is to be taken as disability to the whole body. Therefore, the disability is 15.66% (1/3rd of 47%). The Tribunal has added 10% future prospects. In view of the above, the loss of future income due to disability is calculated as under:

Rs.16,250 +10% = Rs.17,875 x 12 x 11 x 15.66% = Rs.3,69,498/-

¶9PW.3 – Doctor has stated that the claimant has been fixed with implants and considering the same, the claimant has to undergo surgery for removal of implants and therefore, entitled to future medical expenses of Rs.30,000/-. In 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 60,000/-

¶03Loss of income during laid up period 48,750/-

¶04Attendant and conveyance charges 30,000/-

¶05Loss of future income due to disability 3,69,498/-

¶06Future medical expenses 30,000/-

Total 6,13,248/-

¶10Considering the above aspects, the claimant is entitled to total compensation of Rs.6,13,248/- as against Rs.4,,70,480/- awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.1,42,768/-. The claimant is not

entitled to interest on future medical expenses of Rs.30,000/-. The claimant is entitled to interest @ 6% p.a. from the date of petition till realization on Rs.1,12,768/-. The claimant is not entitled to interest for the delay period of 212 days in filing the appeal as per order dated

24.09.2026 passed on I.A.1/2026. Respondent No.2/insurer 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.1,42,768/-.

iii) The appellant/claimant is not entitled to interest on future medical expenses of Rs.30,000/-.

iv) The claimant is entitled to interest @ 6% p.a. from the date of petition till realization on Rs.1,12,768/-.

v) The appellant/claimant is not entitled to interest for the delay period of 212 days in filing the appeal.

vi) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day.

vii) The appellant/claimant is entitled to release of entire enhanced compensation.

(SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 1 Sl No.: 8 Ct.sm