Partly allowed

Sri a Madhan v. Smt Sushma H D

Karnataka HC16 Apr 2026MFA/6968/2024

Case brief

AI extract

What is this about?

In an appeal against an award dated 19.08.2022, the High Court enhanced the compensation granted for injuries sustained in a motor vehicle accident from Rs.60,000 to Rs.90,000, considering the grievous nature of lacerations and three-day hospitalization.

What did the court decide?

Compensation enhanced from Rs.60,000 to Rs.90,000 with interest at 6% per annum from the date of petition till realization.

Sri a Madhan Vs Smt Sushma H D — Motor Accident Claims | Karnataka HC (2026)

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1 - NC: 2026:KHC:21104 MFA No. 6968 of 2024

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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 16^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6968 OF 2024 (MV-I)

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BETWEEN:

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SRI. A. MADHAN S/O ANANDA C.R, AGED ABOUT 24 YEARS R/O SUNNAGARA STREET CHANNAGIRI TALUK DAVANGERE DIST - 577 213.

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…APPELLANT

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(BY SRI. NAGARAJA HEGDE, ADVOCATE)

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AND:

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Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka

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SMT. SUSHMA H.D, W/O UDAYA POOJARY AGED ABOUT 27 YEARS R/O DEEPA NILAYA B.C. ROAD, NEAR VIVEK HOSPITAL VODERHOBLI, KUNDAPURA TALUK - 576 201.

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UNIVERSAL SAMPO GEN.INS.CO.LTD., BRANCH OFFICE, CITY TRADER CENTER, 1ST FLOOR, OPP. CITY HOSPITAL MANGALORE - 575 003 REP. BY ITS AUTHORIZED OFFICER.

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2 - NC: 2026:KHC:21104 MFA No. 6968 of 2024

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HC-KAR

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MR. B. PRAKASH POOJARY W/O GURUVA POOJARY AGED ABOUT 47 YEARS R/O BELEHITHLU HOUSE BEEJADI VILLAGE KOTESHWAR POST, KUNDAPURA TALUK - 576 222.

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THE UNITED INDIA INS.CO.LTD., BRANCH OFFICE: KUNDAPURA SRI LAXMI VENKATESH COMPLEX NH 66, VADERHOBLI KUNDAPURA - 576 201 REP. BY ITS BRANCH MANAGER.

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…RESPONDENTS

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(BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2; VIDE ORDER DATED 19.02.2025, NOTICE TO R1 AND R3 DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.08.2022 PASSED IN MVC NO. 552/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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3 - NC: 2026:KHC:21104 MFA No. 6968 of 2024

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HC-KAR

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 19.08.2022 passed in MVC No.552/2020 on the file of the Senior Civil Judge and Additional MACT, Kundapura, for enhancing the compensation.

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Heard the arguments of both sides.

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The petitioner/injured claimant met with an accident on 07.11.2019 and filed a claim petition claiming compensation of Rs.9,95,000/- before the Tribunal. The Tribunal considering the entire evidence on record, granted an amount of Rs.60,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Aggrieved by the said order, the claimant has preferred this appeal and mainly contended that the Tribunal has granted global compensation of Rs.60,000/- which is on the lower side. It is further contended that the petitioner was treated as an inpatient for a period of three days and that the Tribunal has not granted any amount under the head loss of income during

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4 - NC: 2026:KHC:21104 MFA No. 6968 of 2024

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HC-KAR

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the laid up period and also towards conventional heads. Thus,

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requested for enhancement of the compensation.

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As per Ex.P2-Wound Certificate, the petitioner

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sustained the following injuries which are grievous in nature:

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i) Laceration, measuring 2x1 cm x muscle deep present over the upper lip on the left side, starting at the left angle of the mouth.

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ii) Laceration, measuring 6x2 cm x bone (periosteal) deep present over the left cheek and chin, stating 3 cm in front of the left angle of the mandible.

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iii) Laceration, measuring 2x3 cm x subcutaneous tissue deep present over the left cheek, situated 2 cm away from the left ala of the nose.

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iv) Abrasion, reddish, measuring 1x1 cm present over the left ala of the nose.

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The petitioner has incurred Rs.9,738/- towards

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medical expenses and was hospitalized for a period of 3 days. Considering the nature of injuries, period of hospitalization and other relevant facts, this Court finds it reasonable to grant an

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5 - NC: 2026:KHC:21104 MFA No. 6968 of 2024

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HC-KAR

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additional amount of Rs.30,000/- over and above the compensation awarded by the Tribunal.

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Accordingly, the compensation is enhanced from

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Rs.60,000/- to Rs.90,000/- .

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ORDER

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i. Appeal is allowed in part.

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ii. The judgment and award dated 19.08.2022 passed in MVC No.552/2020, by Senior Civil Judge and Additional MACT, Kundapura, is modified;

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iii. The claimant is entitled to a sum of Rs.90,000 /- along with interest at 6% per annum from the date of petition till the date of realization, instead of Rs.60,000/- granted by the tribunal.

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iv. Respondent No.2 and 4 has already deposited

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the awarded amount before the Tribunal.

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6 - NC: 2026:KHC:21104 MFA No. 6968 of 2024

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HC-KAR

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Therefore, respondent Nos.2 and 4 are directed to deposit the enhanced compensation of Rs.30,000/- along with the interest at the rate of 6% within one month from the date of this order.

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v. Petitioner is permitted to withdraw the entire amount along with interest accrued on the same.

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Sd/(P SREE SUDHA) JUDGE

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SHS List No.: 1 Sl No.: 44

Sri a Madhan v. Smt Sushma H D

Case brief

What is this about?

What did the court decide?

Sri a Madhan v. Smt Sushma H D

Case brief

What is this about?

What did the court decide?

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