Authority: High Court of Karnataka at Bengaluru
Order Date: 3 September 2026
Case Overview
- Parties: Appellant Mohankumar S. (aged ~51, electrical contractor) vs. Respondent No.1 Shivalingu M.K. (driver‑owner of motorcycle KA‑09/EQ‑7261) and Respondent No.2 New India Assurance Co. Ltd (insurer).
- Accident occurred on 02‑08‑2021 at ~7:30 p.m. on the left side of the road near R.K. Corner, High Tension Double road, Vijayanagara 2nd stage, Mysuru. The motorcycle struck the petitioner from behind, causing grievous injuries – comminuted fracture of the radial head of the right elbow, plus simple injuries to the right hand, knee and other parts.
- Petitioner was hospitalized at Brindavan Hospital, Jayalakshmipuram, Mysuru from 02‑08‑2021 to 04‑08‑2021 and underwent a procedure for the right elbow.
- Prior to the accident, petitioner earned Rs.1,00,000 per month as a Class‑II Electrical Contractor and Wireman.
- A claim petition under Section 166 of the Motor Vehicles Act, 1989 sought compensation of Rs.44,95,000.
- The Principal Small Causes & Senior Civil Judge, MACT, Mysuru (the Tribunal) partially allowed the petition on 11‑11‑2024, awarding a total compensation of Rs.3,22,700 with interest at 6% per annum. The award comprised:
- Pain and Sufferings: Rs.30,000
- Medical Expenses: Rs.62,300
- Diet, food, nourishment, attendant & conveyance charges: Rs.30,000
- Loss of future earning capacity: Rs.1,40,400 (based on notional income Rs.15,000/month, multiplier 13, disability 6%)
- Loss of income during laid‑up period: Rs.45,000
- Loss of amenities: Rs.15,000
- The appellant contended that the Tribunal erred in assessing disability (23.5% of right upper limb vs. Tribunal’s 18%) and in using a notional income rather than the average actual income reflected in Income Tax Returns for FY 2018‑19 to 2021‑22 (Rs.4,41,234; Rs.4,48,676; Rs.4,16,600; Rs.4,86,500 respectively).
- The appellant argued that the average annual income is Rs.4,48,252 (monthly Rs.37,354), which should be used to compute loss of future earnings.
- Respondent No.2 (insurance company) argued the Tribunal’s award was appropriate, citing the higher ITR figure for 2021‑22 and asserting no loss of future income.
- The Court referred to the precedent Raj Kumar Vs. Ajay Kumar (Civil Appeal No.8981 of 2010) emphasizing that permanent disability percentage should not be mechanically equated with loss of earning capacity.
Final Outcome
- The Court allowed the Miscellaneous First Appeal in part and modified the original judgment.
- Revised compensation totals Rs.5,98,995, broken down as follows:
- Pain and Sufferings: Rs.30,000 (unchanged)
- Diet, food, nourishment, attendant & conveyance charges: Rs.30,000 (unchanged)
- Medical Expenses: Rs.62,300 (unchanged)
- Loss of amenities: Rs.15,000 (unchanged)
- Loss of income during laid‑up period: Rs.1,12,062 (calculated as Rs.37,354 × 3 months)
- Loss of future income due to disability: Rs.3,49,633 (calculated as Rs.37,354 × 12 × 13 × 6%)
- Total compensation increased from Rs.3,22,700 to Rs.5,98,995, with interest at 6% per annum from the date of petition till realization.
- The Insurance Company is directed to deposit the compensation amount, together with any accrued interest, within eight weeks of filing the petition.
- The Registry is instructed to transmit the records and a copy of this judgment to the Tribunal forthwith.
Topics: Motor Accident Compensation, Court Judgment