Sri Surendra B Vs Sri Krishna Kumar S — Motor Accident Claims | Karnataka HC (2025)

Sri Surendra B Vs Sri Krishna Kumar S — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed in part; judgment and award dated 08.08.2019 in MVC No.1623/2015 stands modified; claimant granted global compensation of Rs.30,000/- with interest at 6% p.a. from the date of petition till realisation; respondent No.2 - Insurance Company to deposit the amount within six weeks from the date of award; since the enhancement is marginal, the entire enhanced amount with interest to be released in favour of the claimant on due identification; no order as to costs; Registry directed to send back the records with a copy of the judgment to the concerned Tribunal.

Issue for consideration

Whether the claimant is entitled to enhancement of the compensation awarded by the Tribunal in MVC No.1623/2015. +1 more

Court's answer

On reconsideration of the record, the compensation awarded by the Tribunal towards special diet, conveyance charges, attendant charges and loss of amenities is on the lower side.

Ratio / Principle

Following the chart prepared by the Karnataka State Legal Services Authority, the claimant's income is taken as Rs.9,000/- per month (the Tribunal had taken Rs.8,000/- against the claimed Rs.19,000/- per month).

Key takeaways

The claimant is entitled to enhancement of global compensation of Rs.30,000/- with interest at 6% per annum from the date of claim until realisation, and respondent No.2 is liable to pay the same.ratio¶¶56

Detailed headnote1 paragraphs

MFA (MV-I) — Enhancement of motor-accident compensation — Claimant injured on 18.05.2015 at about 3.30 p.m. while proceeding in tipper lorry bearing Registration No.KA-19-A-6068; Tribunal (Additional Senior Civil Judge & JMFC & Member, MACT, Puttur, in MVC No.1623/2015) held the accident due to negligence of the lorry driver and awarded Rs.2,61,500/- (pain and sufferings Rs.55,000; medical expenses Rs.83,500; food, nourishment, conveyance and attendant charges Rs.4,000; loss of amenities Rs.15,000; loss of future income Rs.74,000; future medical expenses Rs.30,000). Fact of the accident and involvement of the offending vehicle not disputed. On reconsideration, the High Court held the compensation towards special diet, conveyance charges, attendant charges and loss of amenities to be on the lower side; adopting the Karnataka State Legal Services Authority chart, took the claimant's income at Rs.9,000/- per month (Tribunal: Rs.8,000/-; claimant claimed Rs.19,000/-). Granted global compensation enhancement of Rs.30,000/- with interest at 6% p.a. from the date of petition till realisation; respondent No.2 insurer held liable, to deposit within six weeks; entire enhanced amount with interest released to the claimant on due identification. Appeal allowed in part; Tribunal's judgment and award modified. (Filed u/S 173(1) MV Act.)

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 4940/2020 (MV-I)

BETWEEN:

SRI SURENDRA B S/O SHIVAPPA AGED ABOUT 59 YEARS R/AT BERAPADKA HOUSE JALSOOR POST AND VILLAGE SULLIA TALUK, D K

…APPELLANT

(BY SRI. RAJARAMA S, ADVOCATE)

AND:

SRI KRISHNA KUMAR S S/O LATE SHANKAR PATALI

Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA

AGED ABOUT 46 YEARS R/AT BETTAMPADI HOUSE SHRI RAMANAGAR SULLIA TALUK, D.K.

THE SHRI RAM GENERAL INSURANCE CO.LTD. BRANCH OFFICE: 10003-E-S RIICO INDUSTRIAL AREA, SITAPURA JAIPUR RAJASTHAN-302022

SRI HARISH SHENOY S/O RAVINDRA SHENOY AGED ABOUT 54 YEARS

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R/AT DEEPAK HOUSE MELKAR, PANE MANGALORE VILLAGE, BANTWAL TALUK, D K

THE MANAGER

NATIONAL INSURANCE CO. LTD. BRANCH OFFICE: 1ST FLOOR

SHRI KSHETHRA DHARMASTHALA BUILDING MAIN ROAD, PUTTUR TALUK, D.K

SRI JAIDEEP KUTINHA S/O DENNIS GERMI KUTINHA AGED ABOUT 43 YEARS R/AT FLAT NO.203, 2ND FLOOR SRINIDHI APARTMENTS, J B LOBO LANE KOTTARA CHOWKI, MANGALORE, D.K

THE NEW INDIA ASSURANCE CO.LTD. BRANCH OFFICE: CITY BR II RAM BHAVAN COMPLEX 3RD FLOOR, MANGALORE, D.K

…RESPONDENTS (BY SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR R2; V/O DTD: 24.07.2025 NOTICE TO R4 TO R6 IS DISPENSED; R1 & R3 SERVED AND UNREPRESENTED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 08.08.2019, PASSED IN MVC NO.1623/2015, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AND MEMBER MACT, PUTTUR, D.K., 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 UMESH M ADIGA

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ORAL JUGMENT

This appeal is filed by the claimant being aggrieved by the judgment and award dated 8^th August 2019, passed by the Additional Senior Civil Judge & JMFC & Member, MACT, Puttur, D.K., (for short `Tribunal'), in MVC No.1623/2015, seeking enhancement of compensation.

This matter is listed for hearing on Interlocutory application. With the consent of the learned counsels for both the parties, it is taken up for final disposal.

For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

Brief facts of the case are that, on 18.05.2015 at about 3.30 p.m., the claimant while proceeding in a tipper lorry bearing Registration No.KA-19-A-6068 met with an accident and sustained grievous injuries. He took treatment and has suffered disability. With these reasons, the claimant has prayed for awarding compensation.

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Respondent Nos.1, 3 and 5 are owners of the respective vehicles. Respondent Nos.2, 4 and 6 are the insurers. Respondents-insurers appeared before the Tribunal and filed their written statements. Respondent No.2 in its written statement denied the contentions of the claim petitioner and denied its liability to pay the compensation. With these reasons, prayed to dismiss the claim petition.

From the rival contentions of the parties, the Tribunal framed necessary issues, for its determination. MVC No.1623/2015 was clubbed with MVC No.1622/2015 and the Tribunal has recorded common evidences in respect of both the cases.

The Tribunal after hearing both parties and appreciating the evidence on record, held that the accident occurred due to negligence of driver of the tipper lorry bearing Registration No.KA-19-A-6068. The Tribunal assessed the injury sustained by the claimant; his income;

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disability at 7% to the whole body; and multiplier etc and

awarded following amount of compensation:

	Amount
Particulars	(Rs.)
Pain and sufferings	55,000
Medical expenses	83,500
Food, nourishment, conveyance and attendant charges	4,000
Loss of amenities	15,000
Loss of future income	74,000
Future medical expenses	30,000
Total	2,61,500

Heard the arguments of the learned counsel

appearing for the claimant as well as the insurer.

Fact of the accident and the involvement of the offending vehicle in the accident are not in dispute.

On the re-consideration of the materials available on the record, the amount of compensation awarded towards

special diet, conveyance charges and attendant charges

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and loss of amenities are on the lower side. The Tribunal

has taken the income as Rs.8,000/-, though claimant has contended that he was earning Rs.19,000/- per month. Following the chart prepared by the Karnataka State Legal Services Authority, income of the claimant is t aken as Rs.9,000/- per month.

Considering all these facts, claimant is entitled to enhancement of global compensation of Rs.30,000/- along with interest on the said amount at the rate of 6% per annum from the date of claim until its realization and respondent No.2 is liable to pay the same.

12. In the result, I proceed to pass the following:

ORDER

a) The Appeal is allowed in part . b) The judgment and award dated 8^th August 2019, passed by the Additional Senior Civil Judge & JMFC & Member, MACT, Puttur, D.K. in MVC No.1623/2015, stands modified.

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c) The claimant is entitled for global compensation of Rs.30,000/-, with interest at the rate of 6% p.a., from the date of petition till its realization.

d) The respondent No.2 - Insurance Company shall deposit the amount within a period of six weeks from the date of award.

e) Since, amount enhanced is marginal, entire enhanced amount with interest shall be released in favour of the claimant, on due identification.

f) No order as to costs. g) Draw award accordingly.

h) Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal.

Sd/(UMESH M ADIGA) JUDGE

CM List No.: 1 Sl No.: 11