Injured claimant's appeal against meager motor accident compensation. Court took notional income at Rs.11,000/- per month with multiplier 5 and 12% disability (one-third of doctor-assessed 35%), enhanced total compensation from Rs.1,65,874/- to Rs.2,82,094/- with interest at 6% p.a.
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NC: 2026:KHC:33078 MFA No. 3282 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3282 OF 2018 (MV-I)
BETWEEN:
SRI. PUTTASOMAIAH K.E, S/O LATE CHANDYAPPA, AGED ABOUT 56 YEARS AGRICULTURIST R/O KUNNALU VILLAGE, LAKYA POST CHIKKAMAGALURU DISTRICT - 577 101.
…APPELLANT
(BY SRI. VINOD GOWDA, ADVOCATE)
AND:
S/O KENCHAPPA
Digitally signed by PADMASHREE SHEKHAR DESAI
Location: High Court of Karnataka
AGED ABOUT 29 YEARS R/O KENCHAMBA KRUPA, 2ND CROSS, LAKSHMEESHANAGAR KADUR TOWN, CHIKMAGALURU - 577 101.
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UNITED INDIA INSURANCE CO. LTD., MICRO OFFICE B.R.M COMPLEX OPP. KSRTC BUS STAND BIRUR, KADUR TALUK CHIKMAGALURU - 577 101.
…RESPONDENTS
(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R3; R1 AND R2 SERVED BUT UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.02.2018 PASSED IN MVC NO.257/2017 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND AMACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 01.02.2018 passed in MVC No.257/2017 on the file of the I Additional Senior Civil Judge and AMACT, Chikkamagaluru, seeking enhancement of the compensation.
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NC: 2026:KHC:33078 MFA No. 3282 of 2018
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expenses'. Therefore, requested for enhancement of the compensation.
earning Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2017, his notional income is to be taken as Rs.11,000/per month, as per the chart preferred by the Karnataka State Legal Services Authority. The petitioner was aged 75 years and the relevant multiplier is ‘5’. The petitioner/injured filed Ex.P.8-wound certificate and Ex.P.11-discharge summary and also examined the doctor as PW.2. As per Ex.P.8-wound certificate, the petitioner sustained the following injuries:
"1. External deformity of the left leg with laceration which is rigorous is shape active bleeding.
2. Abrasion over the right elbow measuring 1 x 1 cm."
Out of which, injury No.1 is grievous in nature and injury No.2 is simple in nature.
NC: 2026:KHC:33078 MFA No. 3282 of 2018
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also sustained type-2 open tibia fracture on left leg. It was stated by PW-2 that the petitioner was admitted in the hospital as an inpatient for three days. As per the X-ray, the broken bones have united in an abnormal position and the movements of left knee and ankle joint was restricted. It is difficult for him to do any hard work and to squat or climb staircase. There are chances of getting swelling and pain even if he works for a shorter period. The doctor has also issued a disability certificate assessing the disability at 35% to the left lower limb. Therefore, one-third of the same is taken as 12% disability. Accordingly, the loss of future earning capacity comes to Rs.79,200/- (11,000×12×5×12%). Considering the nature of injuries, the period of hospitalization and other relevant factors, this Court finds it is reasonable to grant a sum of Rs.40,000/- towards pain and suffering, Rs.20,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges.
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The petitioner/injured might not have attended to any other work for a period of two months. Therefore, a sum of Rs.22,000/- (11,000 × 2) is awarded towards loss of income during the laid-up period. The Tribunal has already granted a sum of Rs.90,894/- towards medical expenses
and the said amount is confirmed.
is as below:
| Sl.Nos. | Particulars | Amount in Rs. |
|---|---|---|
| 1. | Towards pain and suffering | 40,000/- |
| 2. | Towards medical expenses | 90,894/- |
| 3. | Towards loss of amenities | 20,000/- |
| 4. | Towards transportation, extra nourishment and attendant charges |
30,000/- |
| 5. | Towards loss of income during laid up period |
22,000/- |
| 6. | Towards loss of future earning capacity |
79,200/- |
| Total | 2,82,094/- |
NC: 2026:KHC:33078 MFA No. 3282 of 2018
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total compensation of Rs.2,82,094/- along with interest at the rate of 6% p.a.
ORDER
ii. The judgment and award dated 01.02.2018 passed in MVC No.257/2017 on the file of the I Additional Senior Civil Judge and AMACT, Chikkamagaluru, is modified.
iii. The claimant is entitled to a sum of Rs.2,82,094/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,65,874/granted by the tribunal.
iv. Respondent No.3/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent
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No.3/Insurance Company is directed to deposit the enhanced compensation of Rs.1,16,220/- along with the interest at the rate of 6% within one month from the date of this order.
Sd/(P SREE SUDHA) JUDGE
AMA
List No.: 2 Sl No.: 25
1 issue framed by the court
Whether the compensation of Rs.1,65,874/- awarded by the Tribunal for injuries sustained in a road accident required enhancement.
1 provisions across 1 enactments
Sri. Puttasomaiah K.E
Narasimhamurthy
Sri. Kenchappa K
The Branch Manager, United India Insurance Co. Ltd.
P Sree Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
