Sri. Sandeepa v. Sri. Karthik

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO.5342/2026 (MV-I)

BETWEEN:

¶1SRI. SANDEEPA S/O SANJEEVA POOJARI AGED ABOUT 32 YEARS R/AT. M.G.COLONI, BANNADI POST VADDARSE VILAGE, UDUPI TALUK UDUPI DIST-576101. …APPELLANT (BY SRI. NAGARAJA H.R. ADV.,)

AND:

¶1SRI. KARTHIK S/O VASUDEVA ACHARI AGED ABOUT 29 YEARS R/AT. MANJUNATHA NILAYA YADABETTU, SASTHANA POST MOODAHADU VILLAGE UDUPI TALUK & DIST.-576101.

¶2UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE SREE LAXMI NARASIMHA COMPLEX OPP. KSRTC DEPOT., NH-66, VODERAHOBLI KUNDAPURA-576201 REP. BY ITS BRANCH MANAGER.

…RESPONDENTS

(BY SMT. GEETHA RAJ, ADV., FOR R2 V/O/DTD:29.07.2026 NOTICE TO R1 D/W)

THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 16.04.2025, PASSED BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL, UDUPI (SITTING AT KUNDAPURA) IN MVC NO.423/2019 AND AWARD JUST AND REASONABLE COMPENSATION CONSIDERING THE GRAVITY OF THE INJURY, PERMANENT DISABILITIES AND ETC.

THIS APPEAL COMING ON FOR ORDERS 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 16.04.2025 passed in MVC No. 423/2019 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

03.08.2018 due to the rash and negligent driving by the rider of motorcycle bearing registration No. KA-20-EF-6715. 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.3,40,200/-Loss of income during the period of treatment Rs.75,000/-Medical bill, conveyance, nutrition and attending charges Rs.2,19,329/-Loss of amenities Rs.10,000/-Pain and suffering Rs.20,000/-

Total Rs.6,64,529/-

¶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 03.08.2018 and as on the date of accident claimant was aged 25 years. Considering the said age of the claimant the Tribunal has rightly taken the notional income at Rs.12,500/- per month.

¶6Claimant had sustained the following injuries: a. Laceration, 3 X 2 cm X muscle deep over the upper lip on left side, 0.5 cm medial to outer angle of mouth on left side b. Laceration, 0.5 X 0.5 cm X muscle deep over the midline over the lower lip c. Laceration, 6 X 1cm X bone deep present over forehead on right side, starting at root of nose place obliquely d. Laceration, 3 X 2.5 cm X subcutaneous tissue deep over the left side of face, 1 cm below the left eye

e. Abrasion, X cm reddish over suprasternal notch f. Superficial laceration, 1.5 X 0.5 cm over the medial aspect of right middle finger,

1.5 cm below the base of the finger g. Abrasion, reddish, 6 X 5 cm over the right side of chest 4 cm lateral to right nipple h. Swelling of size 6 X 4 cm over the dorsum of right hand i. Left sided black eye

¶7Considering the said injuries compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.20,000/- is enhanced to Rs.1,00,000/- and loss of amenities awarded in a sum of Rs.10,000/- is enhanced to Rs.80,000/-.

¶8Claimant was admitted to the hospital for 26 days and medical expenses incurred by him is Rs.2,91,329/-. Considering the said aspect the Tribunal has rightly awarded said medical expenses and

Rs.28,000/- towards attendant, conveyance charges, food, nourishment etc.

¶9Considering the said injuries the Tribunal has rightly awarded loss of income during laid up period for a period of six months in a sum of Rs.75,000/-.

¶10P.W.2 is the Doctor and he is a Maxillofacial Surgeon. He has examined the claimant, assessed his disability and stated that claimant had sustained 15% disability to the whole body. P.W.3 is Orthopedic surgeon who has examined the claimant and stated that claimant had sustained 12% disability to the right upper limb.

¶11In cases of disability to the right upper limb, 1/4th of the same is to be taken as the disability to the whole body and therefore, disability to be taken is 3%. Therefore, disability to the whole body is 18% (15% + 3%). Disability to be taken to the whole body is 18% as against 9% taken by the Tribunal. Since disability is less

than 20%, claimant is not entitled to future prospects as taken by the Tribunal at 40%.

¶12In view of the same, loss of income due to disability is calculated as under: 12,500 X 12 X 18 X 18% = Rs.4,86,000/-

¶13Considering the above aspects, claimant is entitled to enhanced compensation under various heads as under:

Pain and suffering Rs.1,00,000.00 Loss of amenities Rs.80,000.00 Loss of income during laid up period Rs.75,000.00 Medical expenses Rs.2,19,329.00 Loss of future income Rs.4,86,000.00

Total Rs.9,60,329.00

¶14Considering the above aspects claimant is entitled to total compensation of Rs.9,60,329/- as against Rs.6,64,529/- awarded by the Tribunal. Consequently, claimant is entitled to enhanced compensation of

Rs.2,95,800/- 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 354 days in filing the appeal as per the order dated 07.10.2026 passed on I.A. No. 1/2026. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest.

¶15In 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.2,95,800/- 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 354 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.

(SHIVASHANKAR AMARANNAVAR) JUDGE

LRS List No.: 1 Sl No.: 20 CT:MS