Claimant appealed for enhancement of compensation awarded by the MACT for injuries suffered in a 2017 road accident. The court raised the notional income to Rs.11,000 and re-assessed heads of compensation, enhancing the total award to Rs.3,66,119 with interest at 6%.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 2828 OF 2020 (MV-I)
BETWEEN:
SIDDAMARI D, S/O DHARAPURI, AGED ABOUT 52 YEARS, RESIDING AT NO.1017, HIPPEMARADA BEEDHI, B.G.PURA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT. ALSO AT C/O MAHESHA, NO.646, 2ND MAIN, 7TH CROSS, MUNESHWARA LAYOUT, LAGGERE, BANGALORE - 560 058.
…APPELLANT
(BY SRI. CHANNAPPA K N., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.06.2019 PASSED IN MVC NO. 4120/2017 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES AND ADDITIONAL MACT, XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU(SCCH-7), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the award dated 29.06.2019 in MVC No. 4120/2017, passed by the IX Additional Small Causes and Additional MACT, Bangalore (SCCH-7).
NC: 2024:KHC:22117 MFA No. 2828 of 2020
diffuse axonal injury, right frontal scalp laceration, and comminuted fracture of the upper end of the right tibia and fibula.
| Compensation under different Heads |
As awarded by the Tribunal (Rs.) |
As awarded by this Court (Rs.) |
|---|---|---|
| Painand sufferings | 50,000 | 50,000 |
| Medical expenses | 9,839 | 9,839 |
| For special diet and conveyance |
10,000 | 10,000 |
| Loss of income due to functional disability |
1,18,800 | 2,03,280 |
| Loss of amenities | - | 40,000 |
| Future medical expenses | 20,000 | 20,000 |
| Loss of income during laid up period(11,000*3) |
33,000 | |
| Total | 2,08,639 | 3,66,119 |
NC: 2024:KHC:22117 MFA No. 2828 of 2020
for a total compensation of Rs.3,66,119/- as against Rs.2,08,639/awarded by the Tribunal.
Sd/JUDGE
RKA
1 issue framed by the court
Whether the compensation awarded by the Tribunal for injuries sustained in a road traffic accident should be enhanced, given the claimant's notional income and functional disability?
2 provisions across 2 enactments
Siddamari D
Imran Pasha
The HDFC ERGO General Insurance Company Ltd.
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
