Suresh Vs Manjegowda — Motor Accident Claims | Karnataka HC (2026)

Suresh Vs Manjegowda — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Enhancement by way of additional compensation of Rs.30,000/- carrying interest at 6% per annum from the date of petition till realization; respondent/insurer to deposit the additional amount with accrued interest before the Tribunal within six weeks of receipt of certified copy of the judgment, for release to the appellant; Registry directed to transmit TCRs and draw the modified award.

Issue for consideration

Whether the appellant, injured in the road accident of 17.09.2011, is entitled to enhancement of the compensation of Rs.60,000/- awarded by the Tribunal in MVC No.648/2012. +1 more

Court's answer

Taking note of the nature of injuries suffered and treatment provided, the interest of justice would be met by awarding an additional compensation of Rs.30,000/- to the appellant.

Ratio / Principle

This Court cannot reassess the compensation under the head of loss of future income due to disability, considering the wound certificate and oral evidence of the injured appellant.

Key takeaways

The additional compensation amount of Rs.30,000/- shall carry interest at the rate of 6% per annum from the date of petition till realization.ratio¶47
The impugned judgment and award of the Tribunal is modified to the aforesaid extent and the appeal stands partly allowed; the respondent/insurer shall deposit the additional compensation with accrued interest before the Tribunal within six weeks of receipt of certified copy, to be released to the appellant, and the Registry is to transmit the TCRs and draw the modified award.ratio¶48

Detailed headnote1 paragraphs

Motor Accident Claims - Enhancement of Compensation - Injured claimant (fracture of upper 1/3rd of tibia; abrasions; doctor opined injuries grievous per Ex.P6 wound certificate) sought enhancement of Tribunal award of Rs.60,000/- (MVC No.648/2012, Senior Civil Judge & JMFC, Tiptur) via MFA under S.173(1) MV Act - Held: (i) this Court cannot reassess compensation under the head of loss of future income due to disability; (ii) taking note of the nature of injuries and treatment provided, an additional compensation of Rs.30,000/- awarded, carrying interest at 6% per annum from the date of petition till realization - Impugned judgment and award modified to that extent; appeal partly allowed - Insurer (Universal Sompo General Insurance Co., Ltd.) to deposit the additional amount with accrued interest before the Tribunal within six weeks of receipt of certified copy, for release to the appellant; Registry to transmit TCRs and draw modified award. (Oral judgment, Vijaykumar A. Patil, J., dated 13.03.2026)

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NC: 2026:KHC:15031 M.F.A. No.9803/2018

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.9803/2018 (MV-I)

BETWEEN:

Digitally signed by ARSHIFA BAHAR KHANAM

Location: HIGH COURT OF KARNATAKA

SURESH S/O LATE SHIVALINGEGOWDA AGED ABOUT 41 YEARS R/AT GORAGONDANAHALLI VILLAGE TIPUTR TALUK - 572201 TUMKUR DISTRICT.

(BY SRI. GIREESHA S.N. ADV., FOR SRI. MANJUNATH N.D. ADV.,)

…APPELLANT

AND:

MANJEGOWDA

S/O THIRUMALLEGOWDA AGED ABOUT 31 YEARS R/AT. ATTIHALLI VILLAGE NUGGEHALLI HOBLI CHANNARAYAPATAN TALUK HASSAN DIST-573116.

RANGASWAMY V.K. S/O KALEGOWDA AGED ABOUT MAJOR R/AT VALAGERE SOMANAHATTI VILLAGE, NUGGEHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573116.

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NC: 2026:KHC:15031 M.F.A. No.9803/2018

HC-KAR

UNIVERSAL SOMPO GENERAL

INSURANCE CO., LTD., HASSAN 573201 BY ITS MANAGER.

…RESPONDENTS

(BY SRI. D. VIJAYA KUMAR, ADV., FOR R3 NOTICE TO R1 & R2 IS D/W ON 24.07.2024)

THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:09.02.2018 PASSED IN MVC NO.648/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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

ORAL JUDGMENT

This appeal is filed by the injured appellant seeking for higher compensation challenging the impugned judgment and award dated 09.02.2018 passed in MVC.No.648/2012 by the Senior Civil Judge & JMFC, Tiptur, (for short 'Tribunal').

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Though this appeal is listed for orders, with the

consent of learned counsel for the parties, it is taken up for final disposal.

Sri.Gireesha S.N., learned counsel for

Sri.Manjunath N.D., learned counsel appearing for the appellant submits that the Tribunal has committed a grave error in appreciating the oral as well as the documentary evidence placed on record. It is submitted that the appellant had sustained a fracture of the tibia and also sustained other grievous injuries, as is evident from Ex.P6, the wound certificate. However, the Tribunal has awarded only a sum of Rs.60,000/- as compensation. Hence, he seeks to enhance the compensation appropriately by allowing the appeal.

Per contra, Sri.D.Vijayakumar, learned counsel for respondent No.3 supports that impugned judgment and award of the Tribunal and submits that the appellant had sustained only small abrasions due to the accident.

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Considering the simple injuries suffered by the appellant, the Tribunal has awarded just and reasonable compensation, which does not call for any interference. Hence, he seeks to dismiss the appeal.

I have heard the arguments on both the sides

and meticulously perused the material available on records including the Tribunal records.

The records indicate that the appellant met with

a road accident on 17.09.2011 and was immediately shifted to Government General Hospital, Tiptur as is evident from Ex.P6, the wound certificate. The wound certificate indicates the abrasions on different parts of the body, the x-ray report indicates that there is a fracture of the upper 1/3^rd of tibia and the doctor has opined that the injuries are grievous in nature. Considering the wound certificate and oral evidence of the injured appellant, I am of the considered view that this Court cannot reassess the compensation under the head of loss of future income due

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to disability. However, taking note of the nature of injuries suffered and treatment provided, I am of the view that the interest of justice would be met if an additional compensation of Rs.30,000/- is awarded to the appellant. Accordingly, the appellant is entitled to an additional sum

of Rs.30,000/- as compensation.

The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount of Rs.30,000/- shall carry interest at the rate of 6% per annum from the date of petition till realization.

In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed . The respondent/insurer shall deposit the additional compensation amount with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. On such deposit, the same shall be released in favour of the

NC: 2026:KHC:15031 M.F.A. No.9803/2018

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HC-KAR

appellant. Registry is directed to transmit the TCRs forthwith and draw the modified award accordingly.

Sd/(VIJAYKUMAR A. PATIL) JUDGE

ABK

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