Partly allowed

A E Mayura Varma v. Shivayogi

Karnataka HC2 Jun 2026MFA/1728/2020

Case brief

AI extract

What is this about?

Claimant sought enhancement of motor accident compensation of Rs.4,76,181/- awarded by the Tribunal. The court adopted the Karnataka State Legal Services Authority notional income of Rs.9,500/- per month, applied a multiplier of 14 with 8% whole-body disability, enhanced several heads and added loss of amenities, fixing total compensation at Rs.5,80,221/- with 6% interest.

What the court decided

AI extract

A E Mayura Varma Vs Shivayogi — Motor Accident Claims | Karnataka HC (2026)

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1 - NC: 2026:KHC:25768 MFA No. 1728 of 2020

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE RAJESH RAI K

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MISCELLANEOUS FIRST APPEAL NO.1728 OF 2020(MV-I)

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BETWEEN:

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A.E MAYURA VARMA

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S/O ESHWARAPPA A.M. AGE 41 YEARS AGRICULTURIST AND DIARY FARMING R/O BIKKONAHALLI VILLAGE 577301. KOMMANALU POST, SHIVAMOGGA DISTRICT & TALUK

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…APPELLANT

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(BY SRI. PRASAD B.S, ADVOCATE)

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AND:

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Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

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SHIVAYOGI S/O PARASAPPA AGE 41 YEARS R/O MAHADEVAIAH EXTN, SHIRALAKOPPA-577428 SHIKARIPURA TALUK SHIVAMOGGA DISTRICT.

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SHABBIR AHAMED S/O MIR AZEEZ AHAMED AGE 56 YEARS R/O K.R.PURAM, SHIVAMOGGA-577201.

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THE BRANCH MANAGER NATIONAL INSURANCE CO.LTD., S.S. COMPLEX, B.H.ROAD SHIVAMOGGA-577 201.

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…RESPONDENTS

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(BY SMT. GOWHAR UNNISA, ADVOCATE FOR R3)

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2 - NC: 2026:KHC:25768 MFA No. 1728 of 2020

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HC-KAR

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THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.19.09.2019 PASSED IN MVC NO.78/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-8, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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The claimant, being dissatisfied with the

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compensation of Rs.4,76,181/- awarded by the Tribunal, is in appeal.

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The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.

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The Tribunal, on assessment of evidence, has awarded the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Pain and sufferings	40,000/-
2.	Loss of future income	80,640/-
3.	Medical expenses	3,23,541/-
4.	Loss of income during the laid up period	12,000/-

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3 - NC: 2026:KHC:25768 MFA No. 1728 of 2020

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HC-KAR

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Conveyance, food, nourishment, 20,000/attendant charges Total 4,76,181/-

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The Tribunal, on an analysis of the medical

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evidence, has concluded that the claimant has suffered functional disability to the extent of 8%.

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I have perused the evidence of the Doctor and the wound certificate/disability certificate. The same depicts that the claimant has suffered fracture of right femur and open fracture of right tibia.

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Since the Doctor has assessed the permanent disability at 23% to the right lower limb, the Tribunal has rightly assessed the disability at 1/3^rd of the same, which would be 8% to the whole body. Accordingly, the disability suffered by the claimant would be at 8%.

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The Tribunal has determined the monthly income, notionally at Rs.6,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services

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4 - NC: 2026:KHC:25768 MFA No. 1728 of 2020

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HC-KAR

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Authority, which, for the accident of the year 2016, would be Rs.9,500/-.

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As the claimant was aged 41 years, a multiplier of '14' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,27,680/- (9,500 x 12 x 14 x 8%) towards 'loss of future income' .

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As a consequence, the amount of Rs.12,000/-

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awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.19,000/- (9,500/X 2).

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Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.60,000/- towards 'pain and suffering' as against Rs.40,000/- awarded by the Tribunal.

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Having regard to the lasting effects of the injuries on the claimant, the claimant would also be entitled to a sum of Rs.20,000/- towards loss of amenities.

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Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, the claimant would be entitled to a sum of

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5 - NC: 2026:KHC:25768 MFA No. 1728 of 2020

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HC-KAR

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Rs.30,000/- towards attendant and other incidental charges,

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as against the sum of Rs.20,000/- awarded by the Tribunal.

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The sums awarded as medical expenses at

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Rs.3,23,541/- , being based on documentary evidence, do not call for modification and hence confirmed.

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Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following

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compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
1.	Pain and sufferings	40,000	60,000
2.	Loss of future income	80,000	1,27,680
3.	Medical expenses	3,23,541,	3,23,541
4.	Loss of income during the laid up period	12,000	19,000
5.	Conveyance, food, nourishment, attendant charges	20,000	30,000
6.	Loss of amenities in life	-	20,000
	Total	4,76,181	5,80,221

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6 - NC: 2026:KHC:25768 MFA No. 1728 of 2020

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HC-KAR

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Thus, the claimant is held entitled to the total compensation of Rs.5,80,221/- as against Rs.4,76,181/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.

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The appeal is accordingly allowed in part .

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SD/(RAJESH RAI K) JUDGE

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HKV List No.: 1 Sl No.: 3

A E Mayura Varma v. Shivayogi

Case brief

What is this about?

What the court decided

A E Mayura Varma v. Shivayogi

Case brief

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What the court decided

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