Karnataka High Court
The Divisional Manager vs Vasanth Mableshwar Shetty on 26 November, 2025
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NC: 2025:KHC-D:16408
MFA No. 101389 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 26TH DAY OF NOVEMBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 101389 OF 2015 (MV-I)
BETWEEN:
THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
KAIKINI ROAD, KARWAR,
NOW REP. BY UDAY KUMAR,
DEPUTY MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
REGIONAL OFFICE, TP. HUB
ENKAY COMPLEX, KESHWAPUR, HUBLI.
...APPELLANT
(BY SRI. N.R. KUPPELUR, ADVOCATE)
AND:
GIRIJA A.
BYAHATTI 1. VASANTH MABLESHWAR SHETTY,
Digitally signed by
GIRIJA A. BYAHATTI
SINCE DECEASED BY HIS LR'S
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
DHARWAD 1(A) SUJATHA W/O. VASANTH SHETTY,
W/O. LATE VASANTH MABLESHWAR SHETTY,
AGED ABOUT 48 YEARS,
R/O. MELINAKERI, GOKARN POST,
KUMTA TALUK, UTTAR KANNADA DISTRICT.
1(B) GAMESH VASANT SHETTY,
S/O. LATE VASANTH MABLESHWAR SHETTY,
AGED ABOUT 10 YEARS,
R/O. MELINAKERI, GOKARN POST,
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NC: 2025:KHC-D:16408
MFA No. 101389 of 2015
HC-KAR
KUMTA TALUK, UTTAR KANNADA DISTRICT.
REPRESEBTED BY HIS NATURAL GUARDIAN
MOTHER SUJATHA VASANTHA SHETTY.
2. IMTIYAZ BASHASHAB CHAVATI,
AGE: MAJOR, OCC: OWNER,
R/O. SRIRAM COLONY,
RAMANBAIL, SIRSI, KARWAR.
...RESPONDENTS
(BY SRI. K. RAGHAVENDRA RAO AND
MS. V. VIDYA IYER, ADVOCATES FOR R1(A) AND R1(B);
NOTICE TO R2 HELD SUFFICIENT)
---
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT PRAYING TO CALL FOR THE RECORDS, HEAR THE
PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING
ASIDE THE JUDGMENT AND AWARD DATED 22.01.2015 PASSED
BY THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
SIRSI IN MVC NO.44/2013 WITH COSTS AND INTEREST IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:16408
MFA No. 101389 of 2015
HC-KAR
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
1. Heard Sri. N. R. Kuppelur, learned counsel for the appellant as well as Ms.Vidya Iyer, learned counsel for respondents 1(a) and 1(b).
2. Being aggrieved by the sum that is awarded as compensation by the Additional Motor Accident Claims Tribunal, Sirsi through orders in MVC No.44/2013 dated 22.01.2015, the insurer of the offending vehicle against whom liability is fixed, presented this appeal with a contention that the sum awarded as compensation is high and exorbitant.
3. Arguing the matter, learned counsel for the appellant, Sri. N. R. Kuppelur submits that the injured Vasanth Mableshwar Shetty (hereinafter referred to as "the injured" for convenience of discussion) was working as -4- NC: 2025:KHC-D:16408 MFA No. 101389 of 2015 HC-KAR Principal in a Government school as on the date of accident. After recovery, he continued to work in the same capacity. Thus, there is no loss of earnings due to the injuries sustained and disability. The evidence produced by the injured himself goes to show his occupation as on the date of accident and that he continued his service even after the date of accident. But without considering said fact, the Tribunal awarded huge sum of Rs.4,20,000/- towards loss of earnings due to permanent functional disability. Learned counsel thereby seeks to reduce Rs.4,20,000/- out of the sum that is awarded as compensation.
4. Per contra, Ms.Vidya Iyer, learned counsel who represents respondents No.1(a) and 1(b), who came on record on the death of injured during the pendency of the appeal, submits that though the injured continued in service even after the accident, he attended the duties with difficulty due to disability. -5-
NC: 2025:KHC-D:16408 MFA No. 101389 of 2015 HC-KAR Learned counsel also states that the compensation granted by the Tribunal under all other heads is on lower side, and therefore considering the sum which the injured is entitled to as compensation, necessary orders may be passed.
5. It is not in dispute that the injured sustained four injuries during the course of accident, of which two are grievous in nature. Equally, it is not in dispute that during the course of treatment as inpatient for 29 days, the injured underwent a surgery also. As per the evidence of PW2, injured is left with permanent physical disability of 30% in respect of left lower limb. The tribunal took the disability in respect of the whole body as 10%. Admittedly, injured was working as Principal in Murarji School, Yellapur as on the date of accident. There is no denial of the fact that the injured continued in service after recovery. However, the injured can be safely held to have attended his duties with disability of 10% in respect of the whole -6- NC: 2025:KHC-D:16408 MFA No. 101389 of 2015 HC-KAR body. Therefore, his performance might have been diminished to certain extent at his office. Further for travelling to and fro from his house to the place of work he would have certainly faced some difficulty.
6. Considering these factors, and also taking into consideration the sum that is awarded as compensation by the Tribunal under all other heads, this Court is of the view that, if the compensation that is granted by the Tribunal is reduced by Rs.2,38,000/- the balance of amount which will be payable can be held to be justifiable. Therefore, the appeal is disposed of with the following order:
ORDER i. The appeal is allowed in part. ii. The compensation that is payable by the appellant as per the orders in MVC No.44/2013 dated 22.01.2015 passed by the Additional Motor Accident Claims Tribunal, Sirsi is reduced by Rs.2,38,000/-. -7-
NC: 2025:KHC-D:16408 MFA No. 101389 of 2015 HC-KAR iii. Amount, if any, in deposit, be transmitted to the concerned Tribunal immediately.
Sd/-
(CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 10