Arun Kumar N N Vs Doreswamy C S

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1 - NC: 2026:KHC:32925 MFA No. 3631 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3631 OF 2024 (MV-I)

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BETWEEN:

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ARUN KUMAR N.N. S/O NAGARAJU, AGED ABOUT 35 YEARS, R/O NALLURU VILLAGE, KASBA HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT.

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…APPELLANT

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(BY SRI. SATHISHA T., ADVOCATE)

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AND:

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

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DORESWAMY C.S. S/O C.P. SURENDRA, AGED ABOUT 35 YEARS, R/O MEGALAKERI EXTENSION, BAHADDUR SHASTRI ROAD, CHANNARAYAPATNA TOWN.

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PRESENT ADDRESS: SANJEEVEGOWDA EXTENSION NAGASAMUDRA ROAD, CHANNARAYAPATNA TOWN AND TALUK, HASSAN DISTRICT.

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THE MANAGER MAGMA HDI GENERAL INSURANCE COMPANY LTD., 1^ST FLOOR, H.M. ASTRID, NO. 36, J.C. ROAD, BENGALURU - 560 002.

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2 - NC: 2026:KHC:32925 MFA No. 3631 of 2024

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HC-KAR

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NOW REPRESENTED BY THE MANAGER MAGMA HDI GENERAL INSURANCE COMPANY LTD., 2^ND FLOOR, HMJ, J.C. ROAD - 36 NEAR MINERVA CIRCLE, BENGALURU - 560 002.

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…RESPONDENTS

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(BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 02.07.2026, NOTICE TO R1 DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.09.12.2022 PASSED IN MVC NO.454/2022 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, (SIT AT CHANNARAYAPATNA), 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 SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 09.12.2022 passed in MVC No.454/2022

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3 - NC: 2026:KHC:32925 MFA No. 3631 of 2024

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HC-KAR

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by IV Additional District and Sessions Judge, Hassan (sitting at Channarayapatna).

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Even though the matter is listed today for orders/admission, with the consent of both the learned counsel for appellant and the learned counsel for respondent No.2/insurer, the matter is taken up for disposal.

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The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident which took place on 03.12.2021 contending that the accident occurred due to

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rash and negligent driving by the rider of motorbike bearing registration No.KA-13-ER-8944.

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The Tribunal recorded the evidence adduced by

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the parties and upon appreciating the evidence on record, assessed the compensation and awarded the

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compensation under various heads as under:

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4 - NC: 2026:KHC:32925 MFA No. 3631 of 2024

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HC-KAR

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Sl. No.	Particulars		Amount
1.	Pain and suffering	Rs.	75,000/-
2.	Medical expenses	Rs.	1,35,152/-
3.	Future medical expenses	Rs.	25,000/-
4.	Loss of future earnings due to disability	Rs.	1,44,000/-
5.	Loss of earning during laid up period	Rs.	15,000/-
6.	Food, nourishment and other miscellaneous expenses	Rs.	10,000/-
	Total	Rs.	4,04,152/- rounded for Rs.4,05,000/-

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The Tribunal has also awarded the interest at

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the rate of 6% per annum from the date of petition till realisation and directed respondent No.2/insurer to pay the compensation awarded with interest. The claimant has filed the present appeal seeking enhancement of compensation.

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Heard the learned counsel for appellant and learned counsel for respondent No.2/insurer.

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Learned counsel for the appellant/claimant

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would contend that, the claimant has sustained fracture of right humorous shaft and Doctor has stated that he is

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5 - NC: 2026:KHC:32925 MFA No. 3631 of 2024

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HC-KAR

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having 5% disability. Considering the said aspect, loss of income during laid up period awarded for one month is not proper, the Tribunal has ought to have awarded for three months. The Tribunal has not awarded loss of amenities. The Doctor has stated that the claimant requires Rs.50,000/- towards removal of implant and the Tribunal has awarded only Rs.25,000/for future medical expenses. With these, he prayed to allow the appeal.

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Learned counsel for respondent No.2./insurer would contend that, the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal.

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Having heard both the learned counsels appearing for parties, the Court has perused the Judgment and Award.

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The claimant has sustained fracture of right humorous shaft. P.W.2 - Doctor has assessed disability of

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6 - NC: 2026:KHC:32925 MFA No. 3631 of 2024

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HC-KAR

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right upper limb at 13.95% and the Tribunal has taken the disability to the whole body at 5% and it is proper. Considering the fracture sustained, the claimant is entitled to loss of amenities. The Tribunal has not awarded compensation for loss of amenities. The Claimant is entitled to a sum of Rs.50,000/- towards loss of amenities.

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Considering the injury sustained, the claimant has to take rest for three months and therefore, he is entitled to loss of income during laid up period for three months in a sum of Rs.45,000/- (15,000 X 3) as against Rs.15,000/- awarded by the Tribunal.

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The Doctor has stated that the claimant requires a sum of Rs.50,000/- for removal of implant but the Tribunal has awarded only Rs.25,000/- for future medical expenses. Considering the fact that the claimant has to get operated for removal of implant, atleast he requires Rs.30,000/-. Therefore, the claimant is entitled to future medical expenses of Rs.30,000/- as against Rs.25,000/- awarded by the Tribunal.

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7 - NC: 2026:KHC:32925 MFA No. 3631 of 2024

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HC-KAR

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The claimant is admitted in hospital for three

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days, therefore he is entitled to attendant, conveyance, food, diet charges etc., of Rs.3,000/- (1,000 X 3) as against Rs.10,000/- awarded by the Tribunal.

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Considering all the above aspects, the claimant is entitled to total compensation under various heads as under:

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Sl.	Compensation Heads		Amount
No.
1.	Pain and Suffering	Rs.	75,000/-
2.	Medical expenses	Rs.	1,35,152/-
3.	Future medical expenses	Rs.	30,000/-
4.	Loss of amenities	Rs.	50,000/-
5.	Loss of future earnings due to disability	Rs.	1,44,000/-
6.	Loss of income during laid-up period	Rs.	45,000/-
7.	Attendant, conveyance, food, diet charges etc.	Rs.	3,000/-
	Total	Rs.	4,82,152/-

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The claimant is entitled to total compensation of

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Rs.4,82,152/- as against Rs.4,05,000/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation.

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8 - NC: 2026:KHC:32925 MFA No. 3631 of 2024

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HC-KAR

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Consequently, the claimant is entitled to

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enhanced compensation of Rs.77,152/- (4,82,152 - 4,05,000) with interest at the rate of 6% per annum from the date of petition till realisation.

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Respondent No.2/insurer is liable to pay enhanced compensation amount with interest.

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In view of the above, the following:

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ORDER

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i) Miscellaneous First Appeal is allowed-inpart .

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ii) The claimant is entitled to enhanced compensation of Rs.77,152/- with interest at the rate of 6% per annum from the date of petition till realisation.

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iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment.

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9 - NC: 2026:KHC:32925 MFA No. 3631 of 2024

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HC-KAR

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iv) The claimant is entitled to release of entire enhanced compensation.

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v) The claimant is not entitled to the interest for delay period of 454 days in filing the appeal.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV List No.: 1 Sl No.: 7

Arun Kumar N N v. Doreswamy C S

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Arun Kumar N N v. Doreswamy C S

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