Shri Umashankara Vs Shri Raghu K R

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NC: 2026:KHC:15616 MFA No. 7050 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU 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. 7050 OF 2025 (MV-I)

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BETWEEN:

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SHRI. UMASHANKARA S/O CHIKKANINGAPPA AGE ABOUT 31 YEARS R/AT K. BASAVANAPURA VILLAGE CHAMARAJANAGARA TALUK AND DISTRICT PRESENTLY RESIDING AT C/O SHIVARAMU HANURU, KOLLEGAL TALUK CHAMARAJANAGARA DISTRICT - 571 439.

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&APPELLANT

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(BY SRI. SANATH KUMARA K.M., 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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SHRI. RAGHU K.R, S/O KRISHNAIAH, AGE MAJOR

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R/AT NO. 38/D, DEVALAPURA VILLAGE CHAMARAJANAGARA TALUK AND DISTRICT - 571 313.

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THE DIVISIONAL MANAGER CHOLAMANDALAM MS, GENERAL INSURANCE CO. LTD., DORE HOUSE, 2ND FLOOR NSC BOSE ROAD,

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NC: 2026:KHC:15616 MFA No. 7050 of 2025

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HC-KAR

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CHENNAI, TAMIL NADU - 600 001.

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&RESPONDENTS

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(BY SRI. H.C. BETSUR, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.03.2022 PASSED IN MVC NO.257/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KOLLEGALA, 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 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 Motor Vehicles Act, 1988 challenging the judgment and award dated 30.03.2022 passed in MVC No.257/2018 on the file of the Senior Civil Judge and Additional MACT, Kollegala, for enhancing the

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compensation.

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HC-KAR

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Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience.

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The petitioner/injured claimant met with an accident on 25.01.2018 and filed petition before the Tribunal for compensation of Rs.15,80,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.4,04,454/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner/injured was working as a salesman and was earning Rs.20,000/per month. But the Tribunal erred in taking his income at Rs.10,000/- per month. The petitioner examined the doctor, who assessed the disability at 45% to the left lower limb and 15% to the whole body. Therefore, he is entitled to future prospects. But the same has not been considered by the Tribunal. The petitioner was an inpatient

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HC-KAR

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for six days. The amounts awarded under other heads are also meagre. Therefore, requested for enhancement of the compensation.

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Though it is stated that the petitioner/injured

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was working at Aircel Company and earning Rs.20,000/per month. But he has not filed any income proof. The Tribunal has considered him as a workman, relied upon the minimum wages applicable for the relevant year and taken his income at Rs.10,000/- per month. But in the absence of proof of income, this Court generally relies upon the chart prepared by the Karnataka State Legal Services Authority for assessing notional income. In the present case, the accident occurred in the year 2018. Therefore, this Court finds it reasonable to take the notional income at Rs.12,500/- per month instead of Rs.10,000/-. The petitioner/injured was aged 25 years, as per the wound certificate, Ex.C.1 and other medical records. Accordingly, the applicable multiplier is 8189. The

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NC: 2026:KHC:15616 MFA No. 7050 of 2025

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HC-KAR

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doctor examined as C.W.1, who is an Orthopaedic Surgeon and he stated as follows:

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"The petitioner's left leg thigh bone was fractured, an abrasion over right elbow and right knee. On taking the X-ray of left thigh, he found that, the bone was fractured. On 27.01.2018 he has conducted the surgery to the left leg thigh bone, screw and rod were fixed. X-ray of left leg thigh was taken and the X-ray discloses that, there is a swelling, he has faced difficulty in sitting in crossleg, walking, standing and he found 30% reduce in the Hip joint movement. The muscles of left thigh and left leg were reduced to 2CM and the left leg was shortened by 2CM. The Knee movement of left leg was reduced to 50%. The bone of the thigh was slightly bend and the rod and screws were intact. One screw was broken".

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The Doctor has assessed the disability of the left leg at 45% and has further stated that the petitioner has undergone surgery to his left thigh. Therefore, the Tribunal has rightly taken 1/3^rd of 45% i.e., 15%, towards whole-body disability, and the same is confirmed.

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HC-KAR

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Accordingly, the loss of future earning capacity comes to Rs.4,05,000/- (12,500 × 12 × 18 × 15%). The petitioner has taken treatment in a Government hospital and has incurred Rs.15,454/- towards medical expenses. The Tribunal has already awarded the said amount and the same is confirmed. The petitioner was an inpatient for a period of six days. Considering the nature of injuries, period of hospitalization, his age and other relevant factors, this Court finds it reasonable to award Rs.60,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended to any other work at least for a period of four months. Therefore, a sum of Rs.50,000/- (12,500 × 4) is awarded towards loss of income during the laid-up period. C.W.1 has stated that the petitioner requires another surgery for removal of the rod and screws fixed in the left thigh and has estimated the cost at Rs.80,000/-, but the Tribunal has awarded

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HC-KAR

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Rs.20,000/- towards future medical expenses. This Court

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finds it reasonable to grant an amount of Rs.40,000/-

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towards future medical expenses.

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Thus in all, compensation awarded by this Court

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is as below:

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Sl.Nos.	Particulars	Amount in Rs.
1.	Towards pain and suffering	60,000/-
2	Towards medical expenses	15,454/-
3	Towards loss of amenities	30,000/-
4	Towards transportation, extra nourishment and attendant charges	30,000/-
5	Towards loss of income during laid up period	50,000/-
6	Towards future medical expenses	40,000/-
7.	Towards loss of future earning capacity	4,05,000/-
	Total	6,30,454/-

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Hence, the appellant-claimant is entitled for a

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total compensation of Rs.6,30,454/- along with interest at the rate of 6% p.a.

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HC-KAR

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In the result, the following order is passed:

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ORDER

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i. The appeal is allowed in part.

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ii. The judgment and award dated 30.03.2022 passed in MVC No.257/2018 on the file of the Senior Civil Judge and Additional MACT, Kollegala, is modified.

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iii. The claimant is entitled to a sum of Rs.6,30,454/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,04,454/granted by the tribunal.

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iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.2,26,000/- along with the interest at

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