Puttaraju Vs Nagaraju — Motor Accident Claims | Karnataka HC (2026)

Puttaraju Vs Nagaraju — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Compensation granted by the Motor Accident Claims Tribunal, Hassan in MVC No.964/2018 (dt. 04.06.2022) enhanced globally by Rs.75,000/- inclusive of interest; respondent No.2 directed to deposit the enhanced sum within 8 (eight) weeks of receipt of certified copy of the judgment; on such deposit the appellant is permitted to withdraw the entire amount.

Issue for consideration

Whether the compensation awarded by the Motor Accident Claims Tribunal, Hassan in MVC No.964/2018 (award dt. 04.06.2022) was inadequate and required enhancement, considering the nature of the appellant's injuries, his occupation as a KSRTC driver and his voluntary retirement after the accident. +1 more

Court's answer

A person who sustains a fracture of the hip joint will not be in a position to continue his occupation as driver with the same strength and capability as before; with the appellant's voluntary retirement within a short time of the accident and the Court's view that he would have taken bed rest for at least three months, the Tribunal's head-wise compensation warranted enhancement.

Ratio / Principle

To meet the ends of justice, taking into account the amounts granted by the Tribunal under each head, the appellant's occupation, his voluntary retirement after the accident and the fact that he will receive pension, the compensation awarded by the Tribunal is enhanced globally by Rs.75,000/-, which includes the interest component as well.

Detailed headnote1 paragraphs

MV Act — Enhancement of compensation — Fracture of right hip joint. The appellant/claimant, a KSRTC driver aged about 63 years, sustained a fracture of the right hip joint and another simple injury in a road accident, underwent extensive treatment including bone grafting (Pw.2 assessed 35% disability to the lower limb), and took voluntary retirement shortly after the accident while remaining entitled to pension. The Tribunal (Motor Accident Claims Tribunal, Hassan / II Additional Senior Civil Judge, JMFC, Hassan) in MVC No.964/2018 by award dt. 04.06.2022 had granted Rs.25,000/- (pain and suffering), Rs.1,90,711/- (medical expenses), Rs.35,000/- (attendant, nourishment, food and conveyance), Rs.10,000/- (loss of amenities in life), Rs.20,000/- (loss of earnings during laid up period) and Rs.1,00,000/- globally towards loss of future earnings. Holding that a person who sustains a fracture of the hip joint cannot continue his occupation as driver with the same strength and capability as before, and noting the appellant's voluntary retirement and pension entitlement, the Court enhanced the compensation globally by Rs.75,000/-, inclusive of interest, directed respondent No.2 (New India Insurance Co., Ltd.) to deposit the enhanced sum within eight weeks and permitted the appellant to withdraw the entire amount on deposit. Appeal allowed in part. (Single-judge oral judgment of Dr. Justice Chillakur Sumalatha; dated 03.02.2026.)

NC: 2026:KHC:6061 MFA No. 8061 of 2022

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.8061 OF 2022(MV-I)

BETWEEN:

PUTTARAJU S/O. RANGEGOWDA AGED ABOUT 63 YEARS R/AT GARIGHATTA VILLAGE KUNDUR HOBLI, ALUR TALUK HASSAN DISTRICT

…APPELLANT

(BY SRI SHRIPAD V. SHASTRI, ADVOCATE)

AND:

Digitally signed by AASEEFA 1. NAGARAJU PARVEEN Location: HIGH S/O. PUTTE GOWDA COURT OF AGED ABOUT 39 YEARS KARNATAKA NAGAVARA VILLAGE BHARATURU VILLAGE ALUR TALUK HASSAN DISTRICT

NEW INDIA INSURANCE CO., LTD., HARSHA MAHAL ROAD

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R/AT FLAT-S1

KAVERI APARTMENTS SVG NAGAR, NAGARBHAVI POST BENGALURU-560 072 BY ITS MANAGER

…RESPONDENTS

(BY SRI NARENDRA S., ADVOCATE FOR R-2

V/C/O DATED 30/05/2024,NOTICE TO R1 IS D/W)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE

JUDGMENT AND AWARD DT.04.06.2022 PASSED IN MVC NO.964/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, JMFC, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION

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

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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ORAL JUDGMENT

Heard Sri.Shripad.V.Shastri, learned counsel for the

appellant as well as Sri.Narendra.S, learned counsel for respondent No.2.

Being aggrieved by the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Hassan through orders in MVC No.964/2018 dated 04.06.2022, the claimant therein presented the present appeal seeking enhancement in compensation.

Sri.Shripad.V.Shastri, learned counsel for the appellant appears through video conference and submits that the appellant was working as driver in KSRTC as on the date of accident. Due to the injuries sustained he could not continue his work as driver and thereby he took voluntary retirement. Normally after retirement a driver in KSRTC will easily get a job in private sector and he will earn not less than Rs.25,000/- to Rs.30,000/- per month. However, appellant lost his total earnings due to the injuries sustained. But the Tribunal without considering

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these facts awarded very meagre sum as compensation under each head and therefore, appeal is filed. Learned counsel thereby seeks for enhancement in compensation.

On the other hand learned counsel for respondent No.2 submits that the appellant resigned his job after 9 months of the accident. Learned counsel states that the Tribunal awarded exorbitant sum as compensation under each and every head and that apart the Tribunal directed respondent No.2 to pay the awarded amount with interest at the rate of 9% per annum instead of 6% per annum. Learned counsel thereby seeks to dismiss the appeal.

It is not in dispute that the appellant sustained fracture of right hip joint and another simple injury. Equally it is not in dispute that the appellant underwent extensive treatment including bone grafting. As per the evidence of Pw.2 the disability in respect of lower limb is 35%. Observing the fact that a Government employee will

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get pension after his retirement, the Tribunal globally awarded a sum of Rs.1,00,000/- under the head loss of future earnings. The submission that is made by learned counsel for the appellant is that the compensation granted under all heads is on lower side. The Tribunal granted a sum of Rs.25,000/- as compensation under the head pain and suffering, Rs.1,90,711/- towards medical expenses, Rs.35,000/- towards attendant, nourishment, food and conveyance charges, Rs.10,000/towards loss of amenities in life, Rs.20,000/- towards loss of earnings during laid up period and Rs.1,00,000/- towards loss of future income. Having considered the nature of injuries sustained, this Court is of the view that the appellant would have taken bed rest at least for a period of 3 months. That apart there is no denial of the fact that the appellant took voluntary retirement within short time from the date of accident. A person who sustains fracture of hip joint will not be in a position to continue his occupation as driver with the same strength and capability as before.

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Considering the amount that is granted by the Tribunal under each head, the occupation of the appellant, the fact he submitted voluntary retirement after the accident and also considering the fact that the appellant will undoubtedly receive pension, this Court is of the view that to meet the ends of justice, the compensation that is awarded by the Tribunal can be enhanced by Rs.75,000/globally which includes the interest as well. Therefore, the appeal is disposed of with the following:

ORDER

(i) The appeal is allowed in part .

(ii) The compensation that is granted by the Motor Accident Claims Tribunal, Hassan through orders in MVC No.964/2018 dated 04.06.2022 is enhanced by Rs.75,000/-.

(iii) Respondent No.2 is directed to deposit the enhanced sum within a period of 8(eight) weeks from the date of receipt of certified copy of this judgment.

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(iv) On such deposit, appellant is permitted to withdraw the entire amount.

Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

NS CT:VC List No.: 1 Sl No.: 17