Sri Thimmaraju G @ Thimma Rayappa Vs Sri. Dr. Nanjundaswamy. H. M.

SRI THIMMARAJU G @ THIMMA RAYAPPA AGED ABOUT 46 YEARS S/O GOVINDAPPA R/A. KICHAN MART, 2^ND FLOOR JAKKUR, AKKAYAMMA BUILDING KODIGEHALLI, BENGALURU-560 092.

¶11

ALSO AT No. 5-136, RALLAPALLI MADAKASIRA TALUK ANANTHAPURA DISTRICT-515 305.

¶12

…APPELLANT

¶13

Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

¶14

(BY SRI NAGARAJA REDDY D, ADVOCATE)

¶15

AND:

¶16

SRI DR. NANJUNDASWAMY. H. M. MAJOR, S/O. H.M. MADAIAH R/A. No. 109, 1^ST MAIN ROAD 4^TH BLOCK, MLA LAYOUT RMV 2^ND STAGE BENGALURU-560 094.

¶17

ICICI LOMBARD GENERAL INSURANCE CO., LTD., No.121, THE ESTATE

¶18

NC: 2026:KHC:38936 MFA No. 3385 of 2024

¶19

2 -

¶20

HC-KAR

¶21

CNR: KAHC010290822024

¶22

9^TH FLOOR, DICKENSON ROAD MG ROAD, BENGALURU-560 042. REP. BY ITS MANAGER.

¶23

…RESPONDENTS

¶24

(BY SRI ASHOK N PATIL, ADVOCATE FOR R2 V/O DTD. 16.04.2025, NOTICE TO R1 IS DISPENSED WITH)

¶25

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.01.2024 PASSED IN MVC No.2800/2022 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRINCIPAL M.A.C.T, BENGALURU (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶26

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

¶27

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶28

ORAL JUDGMENT

¶29

This appeal is filed by the claimant seeking enhancement of the compensation awarded in the judgment and award dated 31.01.2024 passed in MVC No. 2800/2022 by the Chief Judge, Court of Small Causes and Member, Principal MACT, Bengaluru (SCCH-1).

¶30

Though the matter is listed today, for `Admission’ with the consent of the learned counsel

¶31

3 - NC: 2026:KHC:38936 MFA No. 3385 of 2024

¶32

HC-KAR

¶33

CNR: KAHC010290822024

¶34

appearing for the appellant and learned appearing for respondent No. 2 – Insurer it is taken up for disposal.

¶35

Appellant - claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on 14.05.2022 contending that the accident occurred due to the rash and negligent driving by the driver of the Car bearing registration No.KA-05-MJ-8547. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation

¶36

under different heads as under:

¶37

Sl.No.	Head of Compensation	Amount
a.	Pain and Agony	Rs.70,000-00
b.	Medical Expenses (Conveyance,	Rs.3,00,000-00
	nourishment and attendant charges)
c.	Loss of income during the	Rs.67,500-00
	treatment and rest period
d.	Loss of future earning capacity	Rs.2,52,720-00

¶38

4 -

¶39

HC-KAR

¶40

NC: 2026:KHC:38936 MFA No. 3385 of 2024

¶41

CNR: KAHC010290822024

¶42

	13500x12x12x13/100
e.	Future medical expenses	Rs.50,000-00
f.	Unhappiness and loss amenities	Rs.85,000-00
	Total	Rs.8,25,220-00

¶43

The Tribunal has also awarded interest at the

¶44

rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimant, seeking enhancement of the compensation awarded, has filed the present appeal.

¶45

Heard learned counsel for appellant - claimant

¶46

and learned counsel for respondent No.2 – Insurer.

¶47

Learned counsel for appellant - claimant would

¶48

contend that the claimant had sustained the following injuries:

¶49

a) Comminuted, displaced, grade-2 open fracture

¶50

of upper end of right tibia

¶51

b) Crush injury of right great toe

¶52

5 - NC: 2026:KHC:38936 MFA No. 3385 of 2024

¶53

HC-KAR

¶54

CNR: KAHC010290822024

¶55

Claimant is a plumber. P.W.2 – Doctor who

¶56

examined the claimant has assessed the disability to the limb at 38.94% and whole body at 19.47%. The Tribunal erred in taking the disability at 12%. Considering the injuries sustained, compensation awarded for pain and suffering’ and loss of amenities’ are on lower side. claimant was admitted in the hospital for 16 days and the Tribunal has not awarded compensation under the head `attendant and conveyance charges’. Claimant as per evidence of P.W.2 – Doctor has to undergo surgery of knee and considering the same, future medical expenses awarded by the Tribunal in a sum of Rs.50,000/- requires to be enhanced.

¶57

The Tribunal has taken the income of the claimant at Rs.13,500/- per month, but, as per the chart prepared by the Karnataka State Legal Services Authority notional income fixed for the year 2022 is Rs.15,500/- and the same has to be taken into consideration. With this he prayed to allow the appeal.

¶58

6 - NC: 2026:KHC:38936 MFA No. 3385 of 2024

¶59

HC-KAR

¶60

CNR: KAHC010290822024

¶61

Learned counsel for respondent No. 2 – Insurer

¶62

submits that P.W.2 – Doctor is not the treated Doctor and he has only assessed the disability and considering the same, disability taken by the Tribunal is proper. Considering the injuries sustained and evidence of the Doctor – P.W.2, compensation awarded by the Tribunal towards pain and suffering’, loss of amenities’ and `loss of income during laid up period’ are just and proper. He further submits that medical expenses awarded by the Tribunal includes conveyance, nourishment and attendant charges. He further submits that evidence on record does not have any estimation regarding future medical expenses. With this, he prayed to dismiss the appeal.

¶63

Having heard learned counsel for the parties, this Court has perused the judgment and award.

¶64

The accident occurred on 14.05.2022 and as on the date of the accident claimant was aged 46 years and he was a plumber. As per Ex.P.8 – wound certificate claimant had sustained the following injuries:

¶65

7 -

¶66

HC-KAR

¶67

NC: 2026:KHC:38936 MFA No. 3385 of 2024

¶68

CNR: KAHC010290822024

¶69

a) Comminuted, displaced, grade-2 open fracture of

¶70

upper end of right tibia

¶71

b) Crush injury of right great toe

¶72

P.W.2 is the Doctor who examined the claimant and assessed his disability. P.W.2 has assessed the disability of the claimant at 38.94 % to the right lower limb and about 19.47% to the whole body. P.W.3 has stated that there is restriction of range movements of right knee joint, right ankle joint, right foot and there is loss of muscle strength. Considering the evidence of P.W.3 disability to the whole body is to be taken at 1/3^rd of the particular limb. Therefore, disability of the claimant is to be taken at 1/3^rd of 38.94% which is 13% as against 12% taken by the Tribunal.

¶73

The Tribunal has taken the income of the claimant at Rs.13,500/- per month. As per the chart prepared by the Karnataka State Legal Services Authority notional income fixed for the year 2022 is Rs.15,500/- and

¶74

8 - NC: 2026:KHC:38936 MFA No. 3385 of 2024

¶75

HC-KAR

¶76

CNR: KAHC010290822024

¶77

same notional income is to be taken. The Tribunal has rightly applied multiplier of 13. In view of the above, loss of future income is calculated as under:

¶78

15500 X 12 X 13 X 13% = Rs.3,14,340/-

¶79

Considering the injuries sustained by the claimant noted supra and evidence of P.W.3 – Doctor, compensation awarded by the Tribunal towards pain and suffering’ in a sum of Rs.70,000/- requires to be enhanced to Rs.1,00,000/-. Compensation awarded by the Tribunal towards loss of amenities’ is just and proper. The Tribunal has awarded loss of income during laid up period’ for a period of five months. In view of income now taken at Rs.15,500/- loss of income during laid up period’ is Rs.77,500/- (15500 X 5). Claimant was admitted in the hospital for 16 days. The Tribunal has awarded Rs.12,000/- towards attendant, conveyance, food and nourishment etc., in the medical expenses awarded in a

¶80

sum of Rs.3,00,000/-. Claimant is entitled to compensation towards attendant, conveyance, food and

¶81

9 - NC: 2026:KHC:38936 MFA No. 3385 of 2024

¶82

HC-KAR

¶83

CNR: KAHC010290822024

¶84

nourishment etc., in a sum of Rs.4,000/- (16000 – 12000).

¶85

P.W.3 – Doctor has stated that claimant has to

¶86

undergo another operation for removal implants from right tibia and his Osteo Arthritis changes in right knee joint is gradually progressive which necessitates total knee joint replacement operation in future. Considering the said aspect, compensation awarded by the Tribunal towards `future medical expenses’ in a sum of Rs.50,000/requires to be enhanced to Rs.1,00,000/-.

¶87

Considering the above, the claimant is entitled

¶88

to total compensation as under:

¶89

Sl.No.	Head of Compensation	Amount
a.	Pain and Agony	Rs.1,00,000-00
b.	Medical Expenses (Conveyance, nourishment and attendant charges)	Rs.3,00,000-00
C	Conveyance, nourishment and attendant charges	Rs.4,000-00

¶90

10 - NC: 2026:KHC:38936 MFA No. 3385 of 2024

¶91

HC-KAR

¶92

CNR: KAHC010290822024

¶93

c.	Loss of income during the treatment and rest period	Rs.77,500-00
d.	Loss of future income	Rs.3,14,340-00
e.	Future medical expenses	Rs.1,00,000-00
f.	Unhappiness and loss amenities	Rs.85,000-00
	Total	Rs.9,80,840-00

¶94

Claimant is entitled to total compensation of Rs.9,80,840/- as against Rs.8,25,220/- awarded by the Tribunal with interest at the rate of 6% p.a. from date of petition till the date of realization. Consequently, the claimant is entitled enhanced compensation of Rs.1,55,620/- with interest at the rate of 6% p.a. from date of petition till the date of realization. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest.

¶95

In view of the above, the following;

¶96

O R D E R

¶97

i) Appeal is allowed in part.

¶98

11 -

¶99

HC-KAR

¶100

NC: 2026:KHC:38936 MFA No. 3385 of 2024

¶101

CNR: KAHC010290822024

¶102

ii) Appellant - claimant is entitled to enhanced

¶103

compensation of Rs.1,55,620/- with interest at the rate of 6% p.a. from date of petition till the date of realization.

¶104

iii) Respondent No. 2 – Insurer is directed to deposit the enhanced compensation with interest before the Tribunal within six weeks from this day failing which it is liable to pay interest at the rate of 9% p.a. from this day till the date of payment.

¶105

iv) Claimant is entitled to release of entire enhanced compensation amount.

¶106

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

¶107

LRS

¶108

List No.: 1 Sl No.: 40 Ct.sm

Sri Thimmaraju G @ Thimma Rayappa v. Sri. Dr. Nanjundaswamy. H. M.

Case brief

What is this about?

What did the court decide?

Sri Thimmaraju G @ Thimma Rayappa v. Sri. Dr. Nanjundaswamy. H. M.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt. Arunakshi Vs Karuna Kumar M P

Smt Geetha B Vs Sri Nandish S

The Managing Director Vs Sri. G. Thimmanna @ Thimmanna

Smt. Susheelamma Vs H Dhananjaya

Sri Nagesh K S Vs Mr Abdul Shahid P P

Seema Banu Vs Gangadhara