Sri N R Rajashekhar Vs Sri Lohith S — Motor Accident Claims | Karnataka HC (2026)

Sri N R Rajashekhar Vs Sri Lohith S — Motor Accident Claims | Karnataka HC (2026)

1 - NC: 2026:KHC:22432 MFA No. 7756 of 2019

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.7756 OF 2019(MV-I)

BETWEEN:

SRI. N. R. RAJASHEKHAR, S/O LATE M.N.NAGARAJ, AGED ABOUT 54 YEARS, OCCUPATION: HEAD CASHIER WORK OF S B M BANK, RESIDING AT JYOTHINAGAR, OPPOSITE CHAMUNDESHWARI TEMPLE, AMARAPURA ROAD, GURUKULA EXTENSION, SIRA, TUMKUR DISTRICT.

…APPELLANT

(BY SRI. SIDDAPPA B M., ADVOCATE)

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

AND:

SRI. LOHITH S, S/O BHOVI SIDDAPPA, AGED ABOUT 30 YEARS, DRIVER OF BUS BEARING REG. NO.KA-17/B-8904, R/O NO.180, HUCHAVANAHALLI, BASAPURA, DAVANAGERE TALUK & DIST - 577 502.

VITTALARAO B.K., S/O KHANDOJIRAO,

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OWNER OF THE BUS BEARING REG. NO.KA-17/B-8904, R/O NO.56, A BLOCK, DEVARAJ URS EXTENSION, DAVANAGERE - 577 502.

THE NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, A.M ARCADE, CHIGATERI HOSPITAL ROAD, VIDYARTHI BHAVAN,

DAVANAGERE - 577 502.

…RESPONDENTS

(BY SRI.SURESH R., ADVOCATE FOR R2; SRI.S.V.SUDHAKAR REDDY, ADVOCATE FOR R3; NOTICE TO R 1 IS DISPENSED WITH VIDE ORDER DATED 31.05.2024)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.07.2018 PASSED IN MVC NO. 252/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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NC: 2026:KHC:22432 MFA No. 7756 of 2019

HC-KAR

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

This appeal is filed by the injured challenging the judgment and award dated 07.07.2018 passed in M.V.C.No.252/2017 by the II Additional Senior Civil Judge and VI M.A.C.T., Davangere (for short 'the Tribunal').

Heard Sri.Siddappa B.M, learned counsel appearing for the appellant and Sri.S.V.Sudhakar Reddy, learned counsel appearing for respondent No.3.

It is to be noticed that the appellant met with the road accident on 24.09.2016 and sustained fracture of distal end of left radius ulna as is evident from Ex.P6 - wound certificate. It is contented that the injured was inpatient for a period of three days and post discharge, underwent treatment till the fractures were united and until the injuries had healed. The material on record would indicate that the appellant is a Bank employee and in the cross examination, it is admitted that after the accident,

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HC-KAR

he continued with his employment. Considering the same, Tribunal has rightly not awarded any compensation under the head 'loss of future earnings' . The Tribunal on different heads has awarded total compensation ₹76,910/- with interest at the rate of 8% per annum.

It is to be noticed that the appellant was inpatient for

a period of three days and post discharge required substantial days of rest. Taking note of the fact that he has suffered two fractures, the ends of justice would be met if additional compensation of ₹60,000/- is awarded with interest at the rate of 6% per annum.

Accordingly, the appeal is partly allowed . The appellant would be entitled to an additional compensation of ₹60,000/- with 6% interest per annum, from the date of petition, till realization of the amount.

Sd/(VIJAYKUMAR A. PATIL) JUDGE

GH List No.: 1 Sl No.: 9