Mr Chittaranjan Vs Mr Radhakrishna — Karnataka HC (2026) — LawSathi Research

Mr Chittaranjan Vs Mr Radhakrishna — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed-in-part; Tribunal judgment and award modified; claimant entitled to enhanced compensation of Rs.1,30,020/- along with interest @ 6% p.a.; Respondent No.2 directed to deposit the compensation with interest within one month, on which the claimant may withdraw the entire amount.

Issue for consideration

Whether the Tribunal was right in taking the claimant's monthly income as Rs.25,000/- when he claimed Rs.37,000/- per month from his business, supported by Ex.P17 trade licence and Ex.P19 IT returns for assessment years 2020-21 and 2021-22. +2 more

Court's answer

Monthly income of the claimant fixed at Rs.30,000/- per month: since IT returns (Ex.P19) were filed only for two years, the Court found it reasonable to take the average income (worked out at Rs.35,725/- per month) as Rs.30,000/-, rejecting the respondents' contention that the business was seasonal and the Tribunal's figure of Rs.25,000/-.

Ratio / Principle

Disability taken at 7% (one-third of PW2-assessed 20% permanent disability to the right lower limb); claimant aged 32 years as per Ex.P15; multiplier taken as '16'; loss of future earning capacity computed at Rs.4,03,200/- (Rs.30,000/- x 12 x 16 x 7%).

Key takeaways

Considering the nature of injuries, 11-day hospitalisation, age and other relevant factors, Rs.60,000/- granted under 'pain and suffering' and Rs.30,000/- under 'loss of amenities'.ratio¶66
Rs.40,000/- granted under 'transportation, extra nourishment and attendant charges'; Rs.60,000/- awarded under 'loss of income during laid up period' for a period of two months.ratio¶67
Medical expenses of Rs.3,202/- (as per medical bills produced, with reimbursement facility observed for the balance amount) retained in the recomputed award.

Detailed headnote1 paragraphs

MFA No. 8404 of 2024 (MV-I), filed under S.173(1) MV Act against the award dated 17.09.2024 in MVC No.116/2023 (I Additional Senior Civil Judge and CJM, Mangaluru D.K.), which had partly allowed the injured claimant's petition with Rs.4,66,382/- @ 6% p.a. Held (P Sree Sudha J, oral judgment dated 04.03.2026): (i) monthly income of the claimant, doing business as Beats Auto Car and Bikes Accessories, taken as Rs.30,000/- per month — the average of Ex.P19 IT returns for AY 2020-21 and 2021-22 (average worked out at Rs.35,725/-) — rejecting the insurer's 'seasonal business' plea and the Tribunal's Rs.25,000/-; reliance placed on Anjali v. Lokendra Rathod, Civil Appeal No.9014/2022 (income estimated on tax returns); (ii) disability taken at 7% (one-third of PW2's 20% permanent disability to the right lower limb under Ex.P14), age 32 (Ex.P15), multiplier '16', giving loss of future earning capacity of Rs.4,03,200/-; (iii) other heads enhanced — pain and suffering Rs.60,000; loss of amenities Rs.30,000; transportation, extra nourishment and attendant charges Rs.40,000; loss of income during laid-up period (two months) Rs.60,000; medical expenses Rs.3,202 retained. Total Rs.5,96,402/-; enhanced compensation Rs.1,30,020/- with interest @ 6% p.a.; Respondent No.2 (United India Insurance) directed to deposit within one month, with liberty to the claimant to withdraw.

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NC: 2026:KHC:13381 MFA No. 8404 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA

MISCELLANEOUS FIRST APPEAL NO. 8404 OF 2024 (MV-I)

BETWEEN:

MR CHITTARANJAN

S/O SHEKARA PUJARI

AGED ABOUT 33 YEARS

RESIDING AT DEEVINAGAR K C ROAD

KALLADKA POST, GOTTHAMAJAL

Digitally signed by SHARADAVANI B

Location: HIGH COURT OF KARNATAKA

BANTWAL TALUK DAKSHINA KANNADA KARNATAKA 574222

(BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE)

…APPELLANT

AND:

MR RADHAKRISHNA

S/O DAMODHAR ACHARYA ADULT, RESIDING AT 5-190 KARAVALI SITE

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BENJANAPADAVU KALLIGE BANTWAL TALUK, D K PIN 574219

THE BRANCH MANAGER

UNITED INDIA INSURNACE CO. LTD., MO VITTAL REHA PLANET OPP: TO JAINA BASADI PUTTUR ROAD BANTWAL TALUK D K REPRESENTED BY ITS DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., SALDANA BUILDING, OLD BRIDGE ROAD BALMATTA, MANGALUR DK PIN 575001

…RESPONDENTS

(BY SRI. S.V.HEGDE MULKHAND., ADVOCATE)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.09.2024 PASSED IN MVC NO. 116/2023 ON THE FILE OF THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATIONIN TIME, AND ETC.,

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

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

Heard the arguments of both the sides.

This appeal is filed against the judgment and award passed in M.V.C.No.116/2023 dated 17.09.2024 by the Court of I Additional Senior Civil Judge and CJM at Mangaluru, Dakshina Kannada.

Injured claimant, aged 32 years met with an accident on 24.10.2024 and filed a claim petition claiming compensation of 20,00,000/-. The Tribunal after considering the facts and circumstances and evidence on record, has awarded the compensation of Rs.4,66,382/along with interest at the rate of 6% p.a., from the date of the petition till realization.

Aggrieved by the said order, he preferred an appeal and mainly contended that as per Ex.P3 wound certificate, he has sustained injuries such as reddish

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abrasion of 4 cm X 4 cm on the right ankle with surrounding contusion with MRI showing comminuted fracture of distal end of Tibia, medical malleoli, lateralmalleloi with tibio talar ligament tear with tibio-talar joint subluxation: fracture distal 1/3^rd of fibula: malleolus extending to articular surface. Out of which, first injury is grievous in nature. The claimant was aged 32 years and doing business in the name and style of Beats Auto Car and Bikes Accessories at Hosakatta Building and earning Rs.37,000/- per month. He produced Ex.P17 as trade license and Ex.P19 as IT returns for the assessment years 2020-21 and 2021-22. But the Tribunal has taken the income as Rs.25,000/-. He was in the hospital as an inpatient for a period of 11 days. The Tribunal granted meagre amounts under the other heads.

He examined the doctor as PW.2 and he

assessed the permanent disability as 20% under Ex.P14 disability certificate. But the Tribunal has taken the

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disability as 6.66% and thus, he requested for

enhancement of the compensation.

Learned counsel for the respondents stated that his business is a seasonal business, as such, the Tribunal considering IT returns for the year 2021-22 filed under Ex.P19 rightly taken the income as Rs.25,000/- and it is to be confirmed.

The petitioner met with an accident in the year 2022 in the name and style of Beats Auto Car and Bikes Accessories and he is doing business, and earning Rs.37,000/- per month and filed Ex.P17 trade license and also filed Ex.P19 IT returns for the years 2020-21 and 2021-22 and the average income comes to Rs.35,725/per month and it is not seasonal business. As IT returns are filed only for two years, this Court finds it reasonable to take the average income as Rs.30,000/- per month.

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Learned counsel for the appellant also relied

upon the citation in the case of ANJALI VS. LOKENDRA RATHOD reported in CIVIL APPEAL NO.009014/2022 , it

was stated as follows:

(9) The Tribunal and the High Court both committed grave error while estimating the deceased’s income by disregarding the Income Tax Returns of the Deceased. The appellants had filed the Income Tax Returns (2009-2010) of the deceased, which reflects the deceased’s annual income to be Rs1,18,261.00, approx. Rs.9,855.00 per month.

Relying upon the said citation, the learned counsel for the appellant argued that in the said case, the tax returns are filed only for one year, and the monthly income was considered based on the tax returns. Therefore, this court finds that the accident occurred in the year 2022 and the IT returns are filed for the previous year. Therefore, this Court finds it reasonable to take the income of the claimant as Rs.30,000/- per month.

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The petitioner examined the doctor as PW2, and he stated that there is restricting of right ankle joint movements; difficulty in climbing upstairs, walking downstairs, standing on the right leg and squatting; mild persistent pain in the right ankle, x-ray shows fracture union of right ankle with intact implant, and finally stated that there is total permanent disability of 20% to the right lower limb and 1/3^rd of the same comes to 6.66% i.e., 7%. The petitioner was aged 32 years as per Ex.P15 and the multiplier is taken as ‘16’. Therefore, ‘the loss of future earning capacity’ comes to Rs.4,03,200/- (Rs.30,000/- x 12 x 16 x 7%).

The Tribunal has granted Rs.3,202/- towards 'medical expenses' as per the medical bills produced and observed that he got reimbursement facility for the balance amount.

The claimant was hospitalized for a period of 11 days. Considering the nature of injuries sustained, period

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of hospitalisation, his age and other relevant factors, this

Court finds it reasonable to grant an amount of Rs.60,000/- under the head of ‘pain and suffering’ and Rs.30,000/- under the head of 'loss of amenities'.

This Court is granting an amount of Rs.40,000/- under the head of 'transportation, extra nourishment and attendant charges' and the claimant might not have attended any other work at least for a period of 2 months. Therefore, Rs.60,000/- is awarded under the head of 'loss of income during laid up period' for a period of two months.

Thus, in all, the claimant is entitled for the

following compensation:

SL.NO.	PARTICULARS	AMOUNT (IN.RS.)
1.	Pain and suffering	60,000.00
2.	Medical Expenses	3,202.00
3.	Loss of income during laid up period	60,000.00
4.	Loss of future income	4,03,200.00
5.	Loss of amenities	30,000.00

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Attendant, conveyance, food 40,000.00 and nourishment charges Total 5,96,402.00

The Tribunal has awarded the compensation of

Rs.4,66,382/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,30,020/- (Rs.5,96,402/- – Rs.4,66,382/-).

Accordingly, I proceed to pass the following:

ORDER

i. The appeal is allowed-in-part .

ii. The judgment and award passed by the Tribunal in M.V.C.No.116/2023 dated 17.09.2024 by the Court of I Additional Senior Civil Judge and CJM at Mangaluru, Dakshina Kannada, is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.1,30,020/- along with interest @ 6% p.a.

iii. Respondent No.2 is directed to deposit the compensation amount along with interest at the rate of 6% p.a., within a period of one

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month from today. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it.

iv. Ordered accordingly.

Sd/(P SREE SUDHA) JUDGE

SSB