Karnataka High Court
Ram Milan Yadav vs Anita And Anr on 13 November, 2025
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2025:KHC-K:6815-DB
MFA No. 201682 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
MISCL. FIRST APPEAL NO. 201682 OF 2024 (MV-I)
BETWEEN:
RAM MILAN YADAV
S/O BHIARODEEN YADAV,
AGE: 42 YEARS,
OCC: DRIVER NOW NIL,
R/AT: H.NO.29/11, KONDI,
TQ AND DIST SOLAPUR,
NOW R/O: CIB COLONY,
KALABURAGI - 585 103.
...APPELLANT
Digitally signed by
BASALINGAPPA (BY SRI NARENDRA M.REDDY, ADVOCATE)
SHIVARAJ
DHUTTARGAON
Location: HIGH
COURT OF
KARNATAKA AND:
1. ANITA
W/O YALLAPPA BHARALE,
AGE: MAJOR,
OCC: OWNER OF VEHICLE,
R/O: A/P-SOREGAON VIJAYPURA ROAD,
TQ AND DIST SOLAPUR - 413 001.
2. BAJAJ ALLIANZ GENERAL INSURANCE CO LTD.,
THROUGH ITS MANAGER,
MAJESTIC 1ST FLOOR, KALABURAGI NOOLVI,
NEW COTTON MARKET HUBLI - 580 029,
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NC: 2025:KHC-K:6815-DB
MFA No. 201682 of 2024
HC-KAR
POLICY NO.OG-22-4845-1831-00000327
W.E.F.11.02.2022 TO 10.02.2023.
...RESPONDENTS
(BY SRI SUDARSHAN M., ADVOCATE FOR R2;
V/O DATED 23.11.2024 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT
AND AWARD DATED 21-12-2023 ENHANCE THE
COMPENSATION TO RS.52,00,000/- AS PRAYED BY THE
APPELLANT HEREIN MVC NO.606/2022 BY THE HON'BLE COURT
OF THE II ADDL. SENIOR CIVIL JUDGE AND MACT AT
KALABURAGI. BY ALLOWING THE APPEAL IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.
THIS MFA, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
1. This appeal under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the claimant challenging the judgment dated 21.12.2023 passed by the II Additional Senior Civil Judge & MACT, Kalaburagi in MVC No.606/2022. -3-
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2. Facts giving rise to the filing of the appeal briefly stated are that on 29.03.2022, the claimant had loaded the diesel in the Tanker bearing Registration No.MH- 16/AE-3131 and unloaded the diesel at Latur Petrol Pump. After unloading the diesel, at about 11.00 hours, the claimant stopped at Kasegaon for dinner. After having meals, the claimant proceeded on his tanker as driver, on Psarevasti to old Tuljapur Naka road, near Bridge, Solapur, at that time, the driver of the Tipper bearing Registration No.MH-12/DT-7398, being driven by its driver in rash and negligent manner and suddenly applied brake. As a result of the same, the claimant dashed to its back side. Due to impact, the claimant sustained grievous injuries and was hospitalized.
3. The claimant filed a petition under Section 166 of the Act, seeking compensation. It was pleaded that he spent significant amount towards medical expenses, conveyance charges and other related costs. It was further pleaded -4- NC: 2025:KHC-K:6815-DB MFA No. 201682 of 2024 HC-KAR that the accident occurred solely on account of rash and negligent driving of the offending vehicle by its driver.
4. Upon service of notice, the respondent No.2 appeared through counsel and filed written statement denying the averments made in the claim petition. The respondent No.1, despite service of notice, did not appear before the Tribunal and was placed ex-parte.
5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter, recorded the evidence. The Tribunal, by impugned judgment and award has partly allowed the claim petition and held that the claimant is entitled to a compensation of Rs.15,69,608/- along with interest at the rate of 6% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed. -5-
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6. The learned counsel for the claimant has raised the following contentions:
a) Firstly, the claimant asserts that he was earning Rs.30,000/- per month by working as driver. However, the Tribunal has erred in taking the income as merely as Rs.14,750/- per month.
b) Secondly, due to the accident, the claimant has suffered amputation of his right lower limb above the knee. He has examined the doctor as PW-2. In his evidence, he has deposed that the claimant has suffered physical disability of 80%. However, the Tribunal has undervalued the claimant's whole-body disability at 50%, which contradicts the evidence of the doctor.
c) Lastly, due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 8 days. Even after discharge from the hospital, he was not in a position to discharge his regular work. He has suffered lot of pain during treatment. Considering the same, the overall compensation awarded by the Tribunal is -6- NC: 2025:KHC-K:6815-DB MFA No. 201682 of 2024 HC-KAR on the lower side and the Tribunal has failed to grant any compensation towards 'future prospects' and 'future medical expenses'.
With the above contentions, the learned counsel sought to allow the appeal.
7. On the other hand, the learned counsel for the Insurance Company has raised the following counter- contentions:
a) Firstly, the assertion of claimant that he was earning Rs.30,000/- per month, remains unsubstantiated due to lack of documentary evidence. In the absence of proof of income, the Tribunal has assessed the income of the claimant notionally.
b) Secondly, the Tribunal considering the injuries sustained by the claimant and evidence of the doctor, has rightly assessed the whole body disability at 50%.
c) Thirdly, considering the injuries sustained by the claimant and considering the age and avocation of the claimant, the overall compensation awarded by the -7- NC: 2025:KHC-K:6815-DB MFA No. 201682 of 2024 HC-KAR Tribunal is just and reasonable and it does not warrant interference.
With the above contentions, the learned counsel sought to dismiss the appeal.
8. Heard the learned counsel for the parties and perused the judgment and award of the Tribunal.
9. It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred on 29.03.2022 due to rash and negligent driving of the offending vehicle by its driver.
10. The Tribunal, after considering the material available on record and considering the year of accident i.e. 2022, has rightly assessed the notional income of the claimant at Rs.14,750/- p.m.
11. As per wound certificate, the claimant has sustained crush injury to right lower limb, fracture of midshaft tibia -8- NC: 2025:KHC-K:6815-DB MFA No. 201682 of 2024 HC-KAR and proximal and distal fibula. He has examined the doctor as PW-2. In his evidence, he has deposed that the claimant has suffered amputation of his right lower limb above the knee and assessed the physical disability of 80%.
12. Even as per the Schedule-1, Part-II, at Sl.No.17 of the Employees Compensation Act, 1923 in respect of the injury for amputation below hip with stump, the percentage of loss of earning capacity has to be considered at 80%. Taking into consideration the deposition of the doctor and injuries mentioned in the wound certificate, age and avocation of the claimant, we are the opinion that the whole body disability is assessed at 80%. Since the claimant has suffered amputation of his right lower limb above the knee and has suffered whole- body disability of 80%, and he is not able to do his regular work, in view of the law laid down by the Hon'ble Apex Court in the case of 'PAPPU DEO YADAV vs. NARESH KUMAR AND OTHERS' 2020 SCC Online SC 752 and -9- NC: 2025:KHC-K:6815-DB MFA No. 201682 of 2024 HC-KAR 'ERUDHAYA PRIYA vs. STATE EXPRESS TRANSPORT CORPORATION LTD. 2020' SCC Online SC 601, the claimant is entitled to additional compensation towards 'future prospects'. In view of the law laid down by the Hon'ble Apex Court in the case of 'NATIONAL INSURANCE CO. LTD. -v- PRANAY SETHI AND OTHERS' AIR 2017 SC 5157, future prospects at 40% has to be added. Thus, the income of the claimant comes to Rs.20,650/- (Rs.14,750/-+40%).
13. The claimant is aged about 38 years at the time of the accident and multiplier applicable to his age group is '15'. Thus, the claimant is entitled for compensation of Rs.29,73,600/- (Rs.20,650*12*15*80%) on account of 'loss of future income'.
14. The nature of injuries indicates that the claimant must have been under rest and treatment for a period of 3 months. Consequently, the claimant is entitled for
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NC: 2025:KHC-K:6815-DB MFA No. 201682 of 2024 HC-KAR compensation of Rs.44,250/- (Rs.14,750*3 months) under the head 'loss of income during laid up period'.
15. Due to the accident, the claimant has suffered grievous injuries and also undergone surgery. He was hospitalized as an inpatient for more than 8 days in the hospital. Considering the prolonged pain during treatment as well as the permanent disability certified by the doctor, we are inclined to enhance the compensation awarded by the Tribunal under the head of 'pain and sufferings' from Rs.40,000/- to Rs.70,000/- and under the head of 'loss of amenities' from Rs.20,000/- to Rs.40,000/-.
16. In respect of the future medical expenses, the doctor, who examined the claimant has not spoken about any future medical expenses, and no documents have been produced to prove that the clailmant requires any future medical expenses. Hence, the Tribunal has rightly not granted any compensation under that head.
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17. Considering the nature of injuries, the compensation awarded by the Tribunal under other heads is just and reasonable.
18. Thus, the claimant is entitled to the following compensation:
As awarded As awarded
by the by this Court
Compensation under Tribunal (Rs.)
different Heads (Rs.)
Pain and sufferings 40,000 70,000
Medical expenses 1,32,608 1,32,608
Food, nourishment, 20,000 20,000
conveyance and attendant
charges
Loss of income during laid 29,500 44,250
up period
Loss of amenities 20,000 40,000
Loss of future income 13,27,500 29,73,600
Total 15,69,608 32,80,458
19. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
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NC: 2025:KHC-K:6815-DB MFA No. 201682 of 2024 HC-KAR
b) The judgment of the Claims Tribunal is modified.
c) The claimant is entitled to a total compensation of Rs.32,80,458/-.
d) The Insurance Company is directed to deposit the compensation amount along with interest @ 6% p.a. from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of copy of this judgment.
e) The deposit and release of amount shall be made in accordance with the terms of the award of the Tribunal.
Sd/-
(H.T.NARENDRA PRASAD) JUDGE Sd/-
(TYAGARAJA N. INAVALLY) JUDGE HA List No.: 1 Sl No.: 48