Sri Nagaraja Gowda Vs Sri N N Guruprasad — Motor Accident Claims | Karnataka HC (2026)

Sri Nagaraja Gowda Vs Sri N N Guruprasad — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Appeal allowed in part; judgment and award of 26.09.2022 modified. Total compensation enhanced to Rs.16,06,294/- with interest at 6% p.a. (in place of Rs.14,41,334/-); respondent No.2/Insurance Company to deposit the enhanced Rs.1,64,960/- with 6% interest within one month, withdrawable by the claimant on deposit; no interest for the delayed period of 1017 days per order on I.A.No.1/2025 dated 06.04.2026.

Issue for consideration

Whether the compensation of Rs.14,41,334/- awarded by the Tribunal required enhancement, including reassessment of notional income, loss of future earning capacity and other heads of damage, and whether the 6% rate of interest was adequate.

Court's answer

As the claimant filed no income proof, the Court fixed his notional income at Rs.14,000/- per month adopting the Karnataka State Legal Services Authority chart.

Ratio / Principle

The claimant, being aged 55 years, attracted a multiplier of 11.

Key takeaways

The Tribunal's adoption of 20% whole-body disability based on the medical evidence was confirmed and required no interference.ratio¶5
With future prospects at 10% (age 55), loss of future earning capacity was computed at Rs.4,06,560/- (Rs.14,000 + 10% x 12 x 11 x 20%).ratio¶5
Medical expenses of Rs.8,55,734/- already granted by the Tribunal were confirmed.

Detailed headnote1 paragraphs

Motor accident compensation enhancement. The injured claimant (accident of 29.10.2019; right femur shaft, right leg both-bone and right calcaneum fractures; 40 days hospitalisation; 20% whole-body disability) appealed under Section 173(1) of the Motor Vehicles Act, 1988 against the award of Rs.14,41,334/- with 6% interest made on 26.09.2022 in MVC No.138/2020 by the Senior Civil Judge, MACT, Somawarpet. Finding no income proof, the High Court fixed notional income at Rs.14,000/- per month per the Karnataka State Legal Services Authority chart and, the claimant being 55, applied multiplier 11. The Tribunal's 20% whole-body disability was confirmed; adding 10% future prospects, loss of future earning capacity came to Rs.4,06,560/-. Medical expenses (Rs.8,55,734/-) and future medical expenses (Rs.50,000/-) stood confirmed; fresh grants of Rs.1,00,000/- (pain and suffering), Rs.50,000/- (loss of amenities), Rs.60,000/- (transport, nourishment, attendant) and Rs.84,000/- (six-month laid-up loss) took the total to Rs.16,06,294/- with 6% p.a. interest. Appeal allowed in part; ICICI Lombard, respondent No.2, directed to deposit the enhanced Rs.1,64,960/- within one month; no interest for the 1017-day delay per order on I.A.No.1/2025 dated 06.04.2026.

NC: 2026:KHC:18610 MFA No. 7645 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7645 OF 2025 (MV-I)

BETWEEN:

SRI. NAGARAJA GOWDA S/O LATE BOMMEGOWDA, AGED 60 YEARS, AGRICULTURIST, R/O HANSE VILLAGE, EACHALABEEDU POST, SAKALESHPURA TALUK, HASSAN DISTRICT - 573 137.

…APPELLANT

(BY SRI. SREENIDHI P, ADVOCATE)

AND:

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

SRI. N.N. GURUPRASAD S/O LATE N.K NATARAJU AGED 25 YEARS, R/O NANDIPURA VILLAGE, EACHALABEEDU POST, SAKALESHPURA TALUK, HASSAN DISTRICT - 573 137.

ICICI LOMBARD GENERAL INSURANCE CO. LTD., POLICY NO.3005/RF13593272/00/000 NOW OFF. AT NO.121, DICKENSON ROAD

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BENGALURU - 42, REPRESENTED BY ITS MANAGER.

…RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.09.2022 PASSED IN MVC NO.138/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, SOMAWARPET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION.

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

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 26.09.2022 passed in MVC No.138/2020 on the file of the Senior Civil Judge, Somawarapete, for enhancing the compensation.

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Heard the arguments of the learned counsel for

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

The petitioner/injured claimant met with an accident on 29.10.2019 and filed a claim petition claiming compensation of Rs.54,00,000/- before the Tribunal. The Tribunal considering the entire evidence on record, granted an amount of Rs.14,41,334/- 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 petitioner was doing agriculture and earning Rs.20,000/- per month. It is further contended that the Tribunal has granted meagre amounts under other heads and that the rate of interest granted at 6% p.a., which is on the lower side and thus, requested for enhancement of compensation.

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Though it is stated that the petitioner was earning

Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2019, this Court finds it reasonable to take his notional income as Rs.14,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. He was aged 55 years and the multiplier applicable is 11.

Ex.P6 to Ex.P8 are the discharge summaries

and Ex.C1 to Ex.C7 are the case sheets. The petitioner examined the doctor as CW1, who stated that the petitioner sustained the following injuries which are grievous in nature:

a) Right femur shaft fracture

b) Right leg both bone fracture

c) Right calcaneum fracture.

The doctor further stated that the petitioner was admitted in the hospital for a period of 40 days as per the

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discharge summary. The petitioner was diagnosed to have S/PIML nailing for right femur shaft fracture and right leg both bone fracture with wound debridement for CC screw for calcaneum and later he underwent plastic surgery and also underwent flap division and cystolithoplexy. It is stated that the petitioner has pain in bearing weight on the right lower limb and used a walking aid. He has difficulty in walking for long distances, standing for long duration and climbing stairs. He has difficulty in sitting cross legged and not able to squat. He has assessed the total disability at 60% for right lower limb and for whole body disability at 20%. The Tribunal considering the medical evidence, has already taken the whole body disability at 20% for the purpose of calculation and it needs no interference. The petitioner is aged 55 years, therefore he is entitled for future prospects at the rate of 10%. Accordingly, the loss of future earning capacity comes to Rs.4,06,560/- (Rs.14,000 + 10% x 12 x 11 x 20%). The petitioner incurred Rs.8,55,734/- towards

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medical expenses and the Tribunal already granted the said amount and it is confirmed. The petitioner was hospitalized for a period of 40 days. Therefore, this Court finds it reasonable to grant an amount of Rs.1,00,000/- for pain and suffering, Rs.50,000/- for loss of amenities,

Rs.60,000/- for transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work atleast for a period of six months, therefore, Rs.84,000/- (Rs.14,000/- x 6) is granted towards loss of income during laid up period. CW1 stated that the petitioner requires another surgery for removal of implant and estimated the cost of surgery as Rs.50,000/- The Tribunal has already granted the said amount and it is confirmed.

Thus in all, compensation awarded by this Court is as below:

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Particulars Amount
in Rs.
Loss of future earning 4,06,560
capacity
Pain and suffering 1,00,000
Loss of amenities 50,000
Transportation, extra 60,000
nourishment and
attendant charges
Medical expenses 8,55,734
Loss of income during laid 84,000
up period
Future Medical Expenses 50,000
Total 16,06,294

Hence, the appellant-claimant is entitled for a

total compensation of Rs.16,06,294/- along with interest

at the rate of 6% p.a.

In the result, the following order is passed:

ORDER

i. The appeal is allowed in part.

ii. The judgment and award dated 26.09.2022 passed in MVC No.138/2020, by Senior Civil Judge, Somawarapete, is modified;

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iii. The claimant is entitled to a sum of Rs.16,06,294/- along with interest at 6% p.a., instead of Rs.14,41,334/- granted by the tribunal, from the date of petition till the date of realization.

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.1,64,960/- along with the interest at the rate of 6% within one month from the date of this order.

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

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vi. The claimant is not entitled for interest for the delayed period of 1017 days as per the order on I.A.No.1/2025 dated 06.04.2026.

Sd/(P SREE SUDHA) JUDGE

SHS List No.: 1 Sl No.: 25