Mahadevaswamy N Vs Marishetty

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1 - NC: 2026:KHC:15652 MFA No. 7040 of 2025

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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 17^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7040 OF 2025 (MV-I)

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BETWEEN:

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MAHADEVASWAMY N S/O NANJAPPA, AGED ABOUT 43 YEARS, R/AT KATTANAVADI VILLAGE, YALANDUR TALUK, CHAMARAJANAGARA DISTRICT, MYSORE DISTRICT, NOW RESIDING AT C/O MAHADEVAPPA 2ND CROSS, BABURAYANAKOPPALU VILLAGE, SRIRANGAPATNA TALUK, MANDYA DISTRICT- 571438.

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&APPELLANT

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(BY SRI. SREENIVASAN M Y., ADVOCATE)

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AND:

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Digitally signed by CHAITHANYA 1. MARISHETTY K S/O LATE SIDDASHETTY, Location: HIGH COURT MAJOR, R/AT GANIGARA BEEDI, OF VAJAMANGALA VILLAGE, VAJAMANGALA POST, KARNATAKA MYSORE TQ AND DIST- 570028.

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THE BRANCH MANAGER CHOLAMANDALAM M S GENERAL INSURANCE CO LTD., DOOR NO. 271, ASHRAYA BUILDING, LAXMIVILASA ROAD, DEVARAJ MOHALLA, MYSORE- 570001.

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&RESPONDENTS

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2 - NC: 2026:KHC:15652 MFA No. 7040 of 2025

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HC-KAR

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(BY SRI. B.PRADEEP, ADVOCATE FOR R2;

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V/O DT 23/09/2025, NOTICE TO R1- D/W)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 12.02.2025 PASSED IN MVC NO.274/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, 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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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 12.02.2025 passed in MVC No. 274/2020 by the Additional Senior Civil Judge & MACT at Srirangapatna, seeking enhancement of compensation.

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Heard the arguments of the learned counsel for the appellant and learned counsel for the respondent. The ranks of the parties are retained as per Tribunal for the sake of convenience.

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3 -

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NC: 2026:KHC:15652 MFA No. 7040 of 2025

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HC-KAR

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The petitioner/injured claimant had filed petition before the Tribunal claiming compensation of Rs.40,00,000/-. The Trial Court considering the entire evidence on record granted an amount of Rs.22,22,743/- with interest at the rate of 6% p.a., from the date of petition till the date of realisation. Aggrieved by the said order, this appeal is filed.

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Learned counsel for the appellant contended that the appellant met with an accident on 30.11.2019. He further contended that petitioner-injured claimant was aged about 38 years and he was working as a painter and earning monthly income of Rs.20,000/-, but the Tribunal has taken the income of the petitioner-injured claimant as Rs.11,536/- p.m. The petitioner/injured claimant sustained grievous head injury and other injuries and was hospitalized and taken treatment as an inpatient for a period of 48 days. The appellant examined the doctor as PW.1, who assessed the total disability of 80%, the Tribunal has not granted any amount towards future prospectus. It was further contended that the amounts awarded under the other heads are meager. Therefore, requested for enhancement of the compensation.

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NC: 2026:KHC:15652 MFA No. 7040 of 2025

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HC-KAR

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Learned counsel for the respondent submitted that

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the Tribunal has considered all the aspects and has granted reasonable compensation.

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Though the petitioner/injured claimant stated that he was working as a painter and earning Rs.20,000/- per month, he has not filed any income proof. The accident occurred in the year 2019. Therefore, the notional income comes to Rs.14,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority.

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As per the Wound Certificate Ex.P5, he sustained the following injuries:

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"1. Left side of forehead 2X1 cm., 3 cm., above left Supra orbital region..

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2.. Over forehead 2 X 3 cm., present over left supranational margin (2 cm above.

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3. 1 X 1 cm over right forehead.

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4. 1 X 0.5 cm over right forearm coned redial."

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The doctor CW.1 Neurosurgeon has assessed the

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disability at 80% to the whole body. The Tribunal has rightly considered the permanent disability at 80%, but not granted future prospects as the disability is more than 20% as per the

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5 - NC: 2026:KHC:15652 MFA No. 7040 of 2025

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HC-KAR

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citation reported in MFA No.103807/2016 in New India

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Assurance Co. Ltd Vs. Abdul S/O Mehaboob Tahasildar , if

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the disability is more than 20%, future prospects should be added while assessing compensation for loss of future

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earning capacity. Therefore, the loss of future earning capacity comes to Rs.28,22,400/- (14,000 + 40% × 12 × 15 × 80%).

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The petitioner/injured was admitted as an inpatient for a period of 48 days and the Tribunal has granted a sum of Rs.4,30,631/- towards medical expenses, which is confirmed. Considering the nature of injuries, the period of hospitalization, occupation of the petitioner and other relevant factors, this Court finds it reasonable to grant Rs.75,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities and Rs.60,000/- towards transportation, extra nourishment, and attendant charges. The petitioner/injured might not have attended to any work for a period of six months. Therefore, a sum of Rs.84,000/- (14,000 × 6) is awarded towards loss of income during the laid-up period.

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6 - NC: 2026:KHC:15652 MFA No. 7040 of 2025

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HC-KAR

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Thus in all, compensation awarded by this Court is

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as below:

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Sl.Nos.	Particulars	Amount in Rs.
1.	Towards pain and suffering	75,000/-
2.	Towards loss of future earning capacity	28,22,400/-
3.	Towards medical expenses	4,30,631/-
4.	Towards loss of amenities	50,000/-
5.	Towards transportation, extra nourishment and attendant charges	60,000/-
6.	Towards loss of income during laid up period	84,000/-
	Total	35,22,031/-

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Hence, the appellant-claimant is entitled for a total

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compensation of Rs.35,22,031/- along with interest at the rate of 6% p.a.

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed in part.

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NC: 2026:KHC:15652 MFA No. 7040 of 2025

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HC-KAR

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ii. The judgment and award dated 12.02.2025 passed in MVC No.274/2020 on the file of the Additional Senior Civil Judge & MACT at Srirangapatna, is modified.

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iii. The claimant is entitled to a sum of Rs. 35,22,031/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.22,22,743/- granted by the Tribunal.

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iv. Managing director of the respondent No.2 Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2 is directed to deposit the enhanced compensation of Rs.12,99,288/- along with the interest at the rate of 6% within one month from the date of this order.

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v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same.

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NC: 2026:KHC:15652 MFA No. 7040 of 2025

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HC-KAR

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vi. On 10.03.2026, the delay of 126 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, respondent is not liable to pay the interest for the delayed

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period.

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Sd/(P SREE SUDHA) JUDGE

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HR List No.: 1 Sl No.: 52

Mahadevaswamy N v. Marishetty

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Mahadevaswamy N v. Marishetty

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