Claimant appealed against inadequate motor accident compensation for injuries from a lorry-motorcycle collision. The court upheld most tribunal heads and tax deduction on income, raised pain and sufferings to Rs.40,000 and added legal expenses per precedent, enhancing compensation from Rs.3,15,882/- to Rs.3,46,131/- with 6% interest.
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.
NC: 2024:KHC:13641 MFA No. 6238 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.6238 OF 2017(MV-I)
BETWEEN:
SRI. NAGARAJAIAH, S/O LATE GUNDATHIMMAIAH, AGED ABOUT 43 YEARS, R/AT KALLIPALYA, KADUR HOBLI, MAGADI TALUK-562 160.
…APPELLANT
(BY SRI. SHANTHARAJ K., ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. V.N.MURTHY, ADVOCATE FOR R1; SRI. H.K. KENCHE GOWDA, AGA FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.06.2016 PASSED IN MVC NO.1433/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AND MACT AT TUMAKURU, PARTLY
NC: 2024:KHC:13641 MFA No. 6238 of 2017
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant aggrieved by the Award passed in M.V.C.No.1433/2014 on the file of the II Additional Senior Civil Judge and JMFC and MACT at Tumakuru dated 02.06.2016 seeking enhancement of the compensation.
more than Rs.1,00,000/-. He is maintaining poultry form and earning an amount of Rs.5,00,000/- per annum and because of the injuries sustained by him, he is unable to walk. As per the evidence of the doctor, the claimant had sustained 30% disability to the limb and 10% to the whole body. Considering Ex.P.14 that his income is Rs.1,45,991/- per annum, out of which he has paid taxes of an amount of Rs.16,157/-. The Court below had deducted the same and considered the salary at Rs.10,833/- and granted the compensation as per the table given below:
| Heads | Amount | |||
|---|---|---|---|---|
| 1. | Pain and sufferings | Rs. | 25,000/- | |
| 2. | Attendance charges | : | Rs. | 1,750/- |
| 3. | Food and nourishing expenses | : | Rs. | 1,000/- |
| 4. | Medical expenses | : | Rs. | 51,638/- |
| 5. | Future medical expenses | : | Rs. | 35,000/- |
| 6. | Towards loss of future income | : | Rs. | 1,68,995/- |
| 7. | Loss of income during laid up period |
: | Rs. | 32,499/- |
| Total | : | Rs. | 3,15,882/- |
that as per Ex.P.14, when the claimant is earning an amount of Rs.1,45,991/- out of which he had paid tax of an amount of Rs.16,157/-. The Court below ought to have deducted the said
amount and ought to have taken an amount of Rs.1,45,990/as income, considering the grievous injuries sustained by him, the Court below under the head of pain and sufferings and other heads also the amount that is granted by the Court below is not a reasonable amount. It is submitted that the tax cannot be deducted while computing the income.
expenses, the Court below had rightly granted the compensation and this Court finds no reason to interfere. Even under the head of loss of future income also, the Court below had rightly deducted the tax that is paid and taken the income at Rs.10,833/- and granted the compensation amount.
compensation under the following heads:
| Heads | Amount | |||
|---|---|---|---|---|
| 1. | Pain and sufferings | Rs. | 40,000/- | |
| 2. | Attendance charges, food and nourishing, conveyance expenses |
: | Rs. | 8,000/- |
| 3. | Medical expenses | : | Rs. | 51,638/- |
| 4. | Future medical expenses | : | Rs. | 35,000/- |
| 5. | Towards loss of future income (10833X12X13X10/100) |
: | Rs. | 1,68,994/- |
| 6. | Loss of income during laid up period (10833X3) |
: | Rs. | 32,499/- |
| 7. | Legal expenses | : | Rs. | 10,000/- |
| Total | : | Rs. | 3,46,131/- |
1 (2014) 11 SCC 178
NC: 2024:KHC:13641 MFA No. 6238 of 2017
i) The enhanced amount shall carry interest at 6% p.a. from the date of petition till the date of realization.
ii) This Court by order dated 09.03.2020 has condoned the delay of 311 days on the condition that they will not be entitled for the interest for the delay period. In view of the same, the appellant is not entitled for interest for a period of 311 days.
iii) The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security.
iv) Registry is directed to return the Trial Court Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith without any delay.
v) No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/JUDGE
BN List No.: 1 Sl No.: 12
1 issue framed by the court
Whether the compensation awarded for injuries in a road accident should be enhanced, including whether tax paid should be deducted in computing income.
Colour shows how this judgement treated each authority
V. MEKALA vs. M. MALATHI AND ANOTHERApplied¶6
(2014) 11 SCC 178 · Who else cites this
1 provisions across 1 enactments
Sri. Nagarajaiah
The Executive Engineer, Electrical, BESCOM, O & M Division, Tumkur
The Director, Karnataka Government Insurance Department, Motor Branch, Bangalore
Lalitha Kanneganti
As recorded by the court registry
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