Partly allowed

Mr Pranam @ Pranamgowda v. the Manager

Karnataka HC16 Jul 2026MFA/7499/2023

Case brief

AI extract

What is this about?

Claimant appealed for enhancement of motor accident compensation. Court raised assessed whole-body disability from 10% to 11% (one-third of 32% limb disability), recalculating loss of future income and awarding enhanced compensation of Rs.32,400 with interest.

What did the court decide?

Enhanced compensation of Rs.32,400/- with 6% interest from date of petition till realization; deposit ordered within six weeks else 9% interest recoverable from owner.

Mr Pranam @ Pranamgowda Vs the Manager — Motor Accident Claims | Karnataka HC (2026)

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HC-KAR NC: 2026:KHC:36338 MFA No. 7499 of 2023

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CNR: KAHC010589812023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 7499 OF 2023

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(MV-I)

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BETWEEN:

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MR PRANAM @ PRANAMGOWDA S/O JAYARAMEGOWDA AGED ABOUT 27 YEARS R/AT: BIRANAGODU, GENDEHALLI HASSAN DISTRICT – 573 115.

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PRESENT ADDRESS: R/AT NEAR GOVT. SCHOOL 12^TH CROSS, CHIKKASANDRA BENGALURU CITY - 560 057.

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…APPELLANT

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

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(BY SRI VIJAY KUMAR T, ADVOCATE)

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AND:

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THE MANAGER

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THE NATIONAL INSURANCE CO. LTD., No. 144, 2^ND FLOOR

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SHUBHARAM COMPLEX, M G ROAD BENGALURU – 560 001.

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MR UMESHA V

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S/O VENKATESHA G AGED MAJOR R/AT No.54, 4^TH B CROSS

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2 - NC: 2026:KHC:36338 MFA No. 7499 of 2023

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HC-KAR

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CNR: KAHC010589812023

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SAPTHAGIRI LAYOUT NEAR HMT LAYOUT GANAPATHI TEMPLE NAGASANDRA POST BENGALURU – 560 073.

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…RESPONDENTS

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(BY SRI C SHANKARA REDDY, ADVOCATE FOR R1 V/O DTD. 16.7.2026 NOTICE TO R2 DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:05.09.2022 PASSED IN MVC No.2781/2021 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, (SCCH-1), 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

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and award dated 05.09.2022 passed in MVC No.2781/2021 by Chief Judge, Court of Small Causes and Principal MACT, Bengaluru (SCCH-1).

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HC-KAR

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NC: 2026:KHC:36338 MFA No. 7499 of 2023

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CNR: KAHC010589812023

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2. Even though the appeal is listed today for orders/admission, it is taken up for disposal with consent of learned counsels appearing for parties.

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3. The appellant -claimant made a claim petition

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seeking award of compensation for the injuries sustained by him in a road traffic accident occurred on 13.04.2021 contending that the accident occurred due to the rash and negligent driving of the driver of the car bearing registration No.KA-41-C-6018. The Tribunal recorded the evidence, appreciating the evidence on record has assessed the compensation and awarded the

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compensation under various heads as under:

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SL. No.	Head of Compensation	Amount
1.	Pain and Sufferings	Rs.1,00,000-00
2.	Medical expenses	Rs.71,100-00
3.	Food and nourishment, attendant charges	Rs.18,000-00
4.	Transportation charges	Rs.10,000-00
5.	Loss of income during the treatment and rest period Rs.15,000x3	Rs.45,000-00
6.	Loss of future income due to permanent disability	Rs.3,24,000-00

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4 - NC: 2026:KHC:36338 MFA No. 7499 of 2023

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HC-KAR

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CNR: KAHC010589812023

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	1500x12x18
7.	Diminishing Marriage prospects	Rs.50,000-00
8.	Loss of amenities	Rs.50,000-00
9.	Future Medical Expenses	Rs.25,000-00
	Total	Rs.6,93,100-00

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4. The Tribunal has also awarded the interest at the

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rate of 6% per annum from the date of petition till realization excluding the interest on future medical expenses of Rs.25,000/-. The Tribunal held that the respondent No.2 - insurer is liable to pay the compensation amount with interest. The claimant is seeking enhancement of compensation has filed present appeal.

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5. Heard learned counsel for the appellant and

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learned counsel for respondent No.1 –insurer.

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6. Learned counsel for the appellant would contend that P.W.4 - Doctor, who has assessed the disability has stated that there is 32% disability right lower limb and 16% of the whole body and the Tribunal has erred in taking the disability at 10%. The Tribunal ought to

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5 - NC: 2026:KHC:36338 MFA No. 7499 of 2023

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HC-KAR

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CNR: KAHC010589812023

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have taken 1/3^rd of 32% which comes to 11%. With these,

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he prays to allow the appeal.

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5. Learned counsel for respondent No.1 –insurer

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would contend that the compensation awarded by the

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Tribunal is just and proper and there are no grounds for enhancement. The Tribunal has rightly taken disability at

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10%. With these, he prays to dismiss the appeal.

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6. Having heard learned counsels, this Court has

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perused impugned judgment and award.

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7. The claimant has sustained the following

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injuries as per Ex.P8 –discharge summary.

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i) Poly Trauma due to car accident with brain trauma left frontal contusion multiple facial bones fracture

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ii) Blunt trauma abdomen (liver laceration)

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iii) Left leg tibia and fibula fracture.

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6 - NC: 2026:KHC:36338 MFA No. 7499 of 2023

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HC-KAR

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CNR: KAHC010589812023

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6. The claimant has sustained head injury. P.W.4 is doctor, who has examined the claimant and assessed disability. P.W.4 has stated that the claimant is having 32% disability of right lower limb and 16% disability to the whole body. The Tribunal has taken the disability at 10%. The disability to the whole body is to be taken 1/3^rd of particular limb if 1/3^rd of 32% is taken, it comes to 10.66%. Therefore, the disability is to be taken at 11%. The Tribunal has rightly taken the notional income of Rs.15,000/- and applied multiplier 18. In view of the above, loss of future income is calculated as under:

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Rs.15,000/- x 12 x 18 x 11% = Rs.3,56,000/-.

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The Tribunal is awarded Rs.3,24,000/- under the said head. Therefore, the claimant is entitled to enhanced compensation of Rs.32,400/(Rs.3,56,000/less Rs.3,24,000/-). The compensation awarded under other heads is just and proper and there are no grounds for enhancement on those heads.

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7 - NC: 2026:KHC:36338 MFA No. 7499 of 2023

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HC-KAR

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CNR: KAHC010589812023

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8. Considering the above aspect, the following:

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ORDER

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i) The appeal is allowed in-part .

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ii) The appellant -claimant is entitled to enhanced compensation of Rs.32,400/- with interest at the rate of 6% per annum from the date of petition till realization.

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iii) Respondent No.1 - Insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of 06 weeks from this day failing which it is liable to pay interest at the rate of 9% per annum from this day till payment and recovery from the owner of the vehicle i.e., respondent No.2.

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iv) The order of the Tribunal in respect of pay and recovery shall remain undisturbed.

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8 - NC: 2026:KHC:36338 MFA No. 7499 of 2023

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HC-KAR

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CNR: KAHC010589812023

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v) The appellant -claimant is not entitled to interest for delay period of 321 days in filing the appeal.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP List No.: 1 Sl No.: 12

Mr Pranam @ Pranamgowda v. the Manager

Case brief

What is this about?

What did the court decide?

Mr Pranam @ Pranamgowda v. the Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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