Allowed

Shivamma v. Basavarajappa K B

Karnataka HC6 Apr 2026MFA/8175/2024

Case brief

AI extract

What is this about?

Claimant injured in a road accident sought enhancement of compensation from the Tribunal award. The court took notional income at Rs.12,500 per month with multiplier 18 and 40% future prospects, reassessed head-wise amounts, and enhanced total compensation to Rs.14,55,986 with interest, directing the insurer to deposit the difference.

What did the court decide?

Compensation enhanced from Rs.8,81,200 to Rs.14,55,986 at 6% p.a.; insurer directed to deposit Rs.5,74,786 within one month.

Shivamma Vs Basavarajappa K B — Motor Accident Claims | Karnataka HC (2026)

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NC: 2026:KHC:18609 MFA No. 8175 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8175 OF 2024 (MV-I)

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BETWEEN:

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SHIVAMMA

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W/O SIDDARAJU, NOW AGED ABOUT 30 YEARS, R/AT HUNASANALU VILLAGE, KASABA HOBLI, NANJANGUD TALUK.

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…APPELLANT

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(BY SRI. RAGHU R, ADVOCATE)

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AND:

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BASAVARAJAPPA K.B,

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Digitally signed by PADMASHREE SHEKHAR DESAI

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Location: High Court of Karnataka

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MAJOR, S/O LATE BELLAPPA, R/AT NO. 50, R/AT 103, SACHIDANANDA ASHRAMA ROAD, DATTANAGAR, MYSURU - 570 001.

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THE MANAGER,

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THE UNITED INDIA INS. CO. LTD., HEAD OFFICE, AT NO. 24, WHILAS ROAD, CHENNAI, DIVISIONAL OFFICE, OFFICE II, NO. 2912, SRI VENKATESHWARA PLAZA,

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2 - NC: 2026:KHC:18609 MFA No. 8175 of 2024

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HC-KAR

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1ST MAIN, SARASWATHIPURAM, MYSURU - 570 001.

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…RESPONDENTS

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(BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2; VIDE ORDER DATED 13.06.2025, NOTICE TO R1 DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.03.2024 PASSED IN MVC NO.837/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, NANJANGUD, 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 the Motor Vehicles Act, 1988 challenging the judgment and award dated 13.03.2024 passed in MVC No.837/2018 on the file of the Senior Civil Judge and JMFC, Nanjangud, for enhancing the compensation.

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3 - NC: 2026:KHC:18609 MFA No. 8175 of 2024

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HC-KAR

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Heard the arguments of both sides. The ranks

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of the parties are retained as per the Tribunal for the sake of convenience.

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The petitioner/injured claimant met with an accident on 07.02.2018 and filed a claim petition claiming compensation of Rs.21,00,000/- before the Tribunal. The Tribunal considering the entire evidence on record, granted an amount of Rs.8,81,200/- 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 she was doing dairy farming work and earning Rs.20,000/- per month. PW2/Neurophysician assessed the whole body disability at 32.5%. The Tribunal has granted meagre amount under Medical Expenses and other heads. Thus, requested for enhancement of compensation.

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Though it is stated that the petitioner was

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earning Rs.20,000/- per month, she has not filed any

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4 - NC: 2026:KHC:18609 MFA No. 8175 of 2024

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HC-KAR

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income proof. As she met with an accident in the year 2018, this Court finds it reasonable to take her notional income as Rs.12,500/- per month as per the chart prepared by Karnataka State Legal Services Authority. She was aged 24 years at the time of the accident and the relevant multiplier applicable is 18.

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Ex.P6 is the Wound Certificate and Ex.P12 is the Discharge Summary. The petitioner also examined the doctor as PW2 who issued the Disability Certificate at Ex.P15 and stated that the petitioner was admitted in the hospital for medical management of the head injury. She had severe headache and alterations in the mental status and was unable to recognise properly and had vomiting at the time of the admission. She was a known diabetic for the past four years on insulin. The CT scan of the brain showed a haemorrhagic contusion with perilesional oedema in the right temporal lobe measuring 19x18 millimetre. There was no evidence of mass effect or middle line shift. The clinical assessment of the patient were

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5 - NC: 2026:KHC:18609 MFA No. 8175 of 2024

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HC-KAR

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traumatic brain injuries sequelae with borderline level of intellectual disability. Accordingly, PW2 assessed the whole body disability at 32.5%. The Tribunal has considered the said disability as per the medical records and it is confirmed. As the disability is more than 20%, the petitioner is entitled for future prospects as per the citation reported in MFA No.103807/2016 New India Assurance Company and Others Vs. Abdul S/o. Mehaboob Tahasildar and others . The petitioner herein is aged 24 years and is entitled for 40% towards future prospects. Accordingly, the loss of future earning capacity comes to Rs.12,500 + 40% x 12 x 18 x 33% = Rs.12,47,400/- . The Tribunal has granted Rs.18,586/- towards medical expenses and it is confirmed. The petitioner was hospitalized for a period of seven days. The Tribunal has already granted Rs.70,000/- towards pain and suffering. She is entitled for Rs.30,000/- towards loss of amenities and Rs.40,000/- for transportation, extra nourishment and attendant charges. She might not

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6 - NC: 2026:KHC:18609 MFA No. 8175 of 2024

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HC-KAR

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have attended any other work atleast for a period of four

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months. Therefore, Rs.50,000/- (Rs.12,500/- x 4) is granted under the head loss of income during laid-up period.

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Thus in all, compensation awarded by this Court

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is as below:

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Particulars	Amount in Rs.
Loss of future earning capacity	12,47,400
Pain and suffering	70,000
Loss of amenities	30,000
Transportation, extra nourishment and attendant charges	40,000
Medical expenses	18,586
Loss of income during laid up period	50,000
Total	14,55,986

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Hence, the appellant-claimant is entitled for a

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total compensation of Rs.14,55,986/- along with interest at the rate of 6% p.a.

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7 - NC: 2026:KHC:18609 MFA No. 8175 of 2024

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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 13.03.2024 passed in MVC No.837/2018, by Senior Civil Judge and JMFC, Nanjangud, is modified;

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iii. The claimant is entitled to a sum of Rs. 14,55,986 /- along with interest at 6% p.a., instead of Rs.8,81,200/- granted by the tribunal, from the date of petition till the date of realization.

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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.5,74,786/- along with the interest at

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8 - NC: 2026:KHC:18609 MFA No. 8175 of 2024

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HC-KAR

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the rate of 6% within one month from the

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date of this order.

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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

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the delayed period of 150 days as per the order on I.A.No.1/2024 dated 06.04.2026.

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Sd/(P SREE SUDHA) JUDGE

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SHS

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List No.: 1 Sl No.: 23

Shivamma v. Basavarajappa K B

Case brief

What is this about?

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Shivamma v. Basavarajappa K B

Case brief

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