Karnataka High Court
Mallikarjun vs Mallesh Pujari And Anr on 6 November, 2025
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NC: 2025:KHC-K:6597
MFA No. 201428 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 201428 OF 2023 (MV-I)
BETWEEN:
MALLIKARJUN
S/O. BASAVARAJ PUJARI @ BASANNA DABANOOR.
AGE. 26 YEARS, OCC: DRIVER,
R/O BHUSANAGI, TQ. KAMALAPUR,
DIST. KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
AND:
1. MALLESH PUJARI
Digitally signed
S/O. RAJPUTRA PUJARI,
by SUMITRA
SHERIGAR AGE: MAJOR, OCC. BUSINESS,
R/O NEAR HUMNABAD RING ROAD,
Location: HIGH
COURT OF BHAVANI NAGAR, KALABURAGI-585103.
KARNATAKA
2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD.,
THROUGH ITS BRANCH MANAGER,
BRANCH OFFICE, 1-101/A/A/TF-2, 3RD FLOOR,
KISHAN KRUPA, ABOVE KANVA MART,
OPP. KANNADA BHAVAN, KALABURAGI-585102.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADV. FOR R2;
V/O. DATED 27.03.2023, NOTICE TO R1 DISPENSED WITH)
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NC: 2025:KHC-K:6597
MFA No. 201428 of 2023
HC-KAR
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
EXERCISE ITS APPELLATE JURISDICTION, CALL FOR THE
ENTIRE LOWER COURT RECORDS AND MODIFY THE
JUDGEMENT AND AWARD DATED 22.07.2022 PASSED BY THE
LEARNED PRL. SENIOR CIVIL JUDGE AND MACT AT
KALABURAGI IN MVC NO. 1014/2020 BY ENHANCING THE
COMPENSATION AMOUNT AS PRAYED FOR, IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. This appeal is filed by the claimant against the Judgment and award dated 22.07.2022 passed in MVC No.1014/2020 by the Principal Senior Civil Judge and MACT, Kalaburagi, (for short 'the tribunal'), seeking enhancement fo the compensation.
2. The injured claimant aged 25 years met with accident on 04.05.2020 and took treatment in the Hospital. He filed claim petition before the tribunal seeking compensation of Rs.25,75,000/-. The tribunal after -3- NC: 2025:KHC-K:6597 MFA No. 201428 of 2023 HC-KAR considering the entire evidence on record, awarded a sum of Rs.9,05,800/- along with interest at the rate of 6% per annum from the date of petition till realization. Aggrieved by the said Judgment and award, the claimant preferred the present appeal seeking enhancement of the compensation.
3. In the present appeal it is contended that, meager amounts were granted by the tribunal. Though P.W.2 who is a treated Doctor has assessed the disability at 40%, the tribunal has taken disability at 25%. The amounts granted under different heads are also meager. In the claim petition, it was stated that the claimant was earning a sum of Rs.18,000/- per month. But the tribunal has taken Rs.13,750/-. Hence, requests for enhancement of the compensation.
4. The claimant was aged 24 years as on the date of accident. By profession he was a driver and earning a sum of Rs.18,000/- per month. But he has not produced any income proof to prove his income. The claimant met with accident on 04.05.2020. In view of the guidelines issued by the -4- NC: 2025:KHC-K:6597 MFA No. 201428 of 2023 HC-KAR Karnataka State Legal Services Authority, his income for the year 2020 is to be taken at Rs.13,750/-. The tribunal has rightly taken his income and hence, it needs no interference. The claimant examined the Doctor as P.W.2. The Doctor assessed the disability at 40%. The disability certificate is marked as Ex.P.11. The claimant sustained fracture of right shaft femur with displacement patella, fracture of right thigh, right knee and right foot and other parts of the body. It is also observed that, since there is implant, there is restricted movement of right knee by 40 degree and the claimant is unable to walk fast, climb stairs and unable to ride motorcycle. Therefore, the Doctor has assessed the disability at 40%. Hence, the Tribunal has considered 25% disability i.e. 1/3rd of the 40%. Considering the nature of injuries the tribunal has rightly taken the disability of 25%, which needs no interference. His age was taken as 24 years, as he was born on 01.01.1993 and met with an accident on 04.05.2020. Therefore, the loss of future earnings was calculated as Rs.7,01,250/-, which is just and proper. -5-
NC: 2025:KHC-K:6597 MFA No. 201428 of 2023 HC-KAR
5. The Tribunal has granted Rs.1,00,789/- towards medical expenses and it needs no interference.
6. The appellant was admitted in the hospital for five days. Considering the nature of injuries and period of hospitalisation, this Court finds it reasonable to grant an amount of Rs.75,000/- for pain and suffering, Rs.25,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges.
7. The Tribunal has granted Rs.50,000/- for future medical expenses and it needs no interference.
8. The appellant might not have attended any work at least for a period of three months due to the injuries sustained. Therefore, this Court finds it reasonable to grant an amount of Rs.41,250/- (Rs.13,750 x 3) for loss of income during laid up period.
9. Hence, the appellant is entitled for the modified compensation under different heads as below: -6-
NC: 2025:KHC-K:6597 MFA No. 201428 of 2023 HC-KAR Pain and suffering Rs.75,000/-
Medical expenses Rs.1,00,789/- Future medical expenses Rs.50,000/- Transportation, extra nourishment, Rs.30,000/- and attendant charges Loss of income during laid up period Rs.41,250/- Loss of future earnings Rs.7,01,250/- Loss of amenities Rs.25,000/- Total Rs.10,23,289/- Less: awarded by Tribunal Rs.9,05,800/- Enhancement Rs.1,17,489/-
10. The Insurance company has deposited the awarded amount by the tribunal. Thus, the appellant is entitled for enhanced compensation of Rs.1,17,489/- with interest at 6% per annum and therefore, the appeal deserves to be allowed in part.
11. In the result, the following order is passed:
(i) Appeal is allowed in part.
(ii) The appellant/claimant is entitled for the
enhanced compensation of Rs.1,17,489/- with interest at 6% per annum from the date of petition till the date of realisation.-7-
NC: 2025:KHC-K:6597 MFA No. 201428 of 2023 HC-KAR
(iii) Respondent No.2-Insurance Company is directed to deposit the aforesaid compensation amount within one month from the date of this judgment.
(iv) On such deposit, the appellant is permitted to withdraw the entire amount along with interest accrued on it.
sd/-
(P SREE SUDHA) JUDGE SVH,LG List No.: 1 Sl No.: 9