Karnataka High Court
Bhimashankar vs Parvatkumar And Anr on 9 October, 2025
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NC: 2025:KHC-K:5926
MFA No. 200304 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 200304 OF 2022 (MV-I)
BETWEEN:
SRI. BHIMASHANKAR
S/O. KRISHNAPPA PYARASABAD,
AGE 29 YEARS, OCC.WORK IN MEDICAL STORE,
R/O.H.NO.10-947, LALGERI CROSS ROAD,
LALGERI, BRAHMPUR,
KALABURAGI-585103.
...APPELLANT
(BY SRI. BHEEMARAYA M N., ADVOCATE)
AND:
Digitally signed 1. SRI. PARVATKUMAR,
by SUMITRA S/O. RAMESHKUMAR,
SHERIGAR
AGE MAJOR,
Location: HIGH
COURT OF OCC.OWNER OF OFFENDING CAR,
KARNATAKA BEARING REG.NO.KA-33/N-5524,
R/O. 2-627, SUNDER NAGAR,
GOVERNMENT HOSPITAL,
KALABURAGI-585102.
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE,
NEAR SANGAM TALKIES,
S.B.TEMPLE ROAD,
KALABURAGI-585102.
...RESPONDENTS
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NC: 2025:KHC-K:5926
MFA No. 200304 of 2022
HC-KAR
(BY SRI.MANVENDRA REDDY, ADV. FOR R2;
V/O. DATED 20.09.2022, NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
A) CALL FOR THE RECORDS. B) TO MODIFY THE JUDGMENT
AND AWARD DATED 15.03.2021 PASSED IN MVC NO.
842/2019 ON THE FILE OF THE COURT OF THE II ADDL SENIOR
CIVIL JUDGE AND MEMBER MACT AT KALABURAGI AND ALLOW
THIS APPEAL TO GRANT THE COMPENSATION AMOUNT BY
RS. 9,42,200/- ONLY AS CLAIMED BY THE APPELLANT BEFORE
THIS HON'BLE COURT, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
Heard the arguments of learned counsel for both the parties.
2. This appeal is filed against the award of the Tribunal in MVC No.848/2019 dated 15.03.2021 passed by the II Additional Senior Civil Judge and Member, M.A.C.T, Kalaburagi
3. The facts of the case are that on 26.07.2019 at about 1.45 A.M., when the petitioner being the pillion rider along with his friend Nikhil being the rider was proceeding on motorcycle bearing registration No.KA.32/V.3408 to go to Kotnoor(d) Village on Gulbarga-Jewargi road, near Ram Mandir -3- NC: 2025:KHC-K:5926 MFA No. 200304 of 2022 HC-KAR City Bus stand, a Maruti swift Car bearing registration No.KA.33.M.5524 came from opposite direction in rash and negligent manner with high speed and dashed to the motorcycle of Nikhil due to which he sustained grievous injuries. Thereafter, he was shifted to Dr.Kamareddy Hospital, Kalaburagi, wherein he was inpatient for more than 20 days and inccured Rs.2,00,000/- towards treatment.
4. Injured/claimant filed a claim application claiming compensation of Rs.10,00,000/-. The Tribunal considering the entire material on record, granted Rs.57,800/- along with interest at the rate of 6% per annum from the date of petition till the date of realization.
5. Aggrieved by the said judgment, he preferred this appeal, wherein it is contended that, the appellant was working in a Medical Store and earning Rs.20,000/- per month, but his income was not considered and he further stated that, no amount was granted towards Pain and Suffering, Food and conveyance charges, Loss of Income during Treatment Period and Loss of Amenities. But only a global compensation of -4- NC: 2025:KHC-K:5926 MFA No. 200304 of 2022 HC-KAR Rs.57,800/- is granted, which requires interference and requested for enhancement and to allow the appeal.
6. Admittedly, as per Ex.P6 - Wound Certificate, the petitioner sustained undisplaced fracture of frontal bone which is grievous in nature and he sustained multiple abrasions over face, neck, shoulder, thigh and other parts of his body. It was mentioned that there was pain and suffering due to which he was unable to move right leg, but he has not examined the Doctor or no disability was assessed showing grievous injuries. Therefore, considering the nature of the injuries, the Tribunal has granted Rs.30,000/- as a global compensation and Rs.26,880/- towards medical expenses, on the basis of the Medical Bills at Ex.P8 and so also, Rs.1,000/- towards attendant charges. He was hospitalized for a period of three days.
7. Accordingly, considering the contentions of the claimant/appellant, this Court finds valid reasons in the arguments and feels to re-assess the compensation.
8. In view of the same, this Court grants Rs.5,000/- towards pain and suffering, Rs.5,000/- towards loss of amenities and Rs.5,000/- towards Transport and Extra -5- NC: 2025:KHC-K:5926 MFA No. 200304 of 2022 HC-KAR Nourishment charges. In total, the claimant is entitled for enhanced compensation of Rs.15,000/-, which would comes to total compensation of Rs.72,800/- (Rs.35,000 + 31,800 + 6000).
9. In all, the total compensation would comes to Rs.72,800/- with interest at 6% per annum from the date of petition till the date of realization.
10. In the result, the following order is passed:
i) The appeal is allowed in part.
ii) The claimant is entitled for the total
compensation of Rs.72,800/- with interest at 6% per annum from the date of petition till realization.
iii) The respondent No.2 - Insurance Company already deposited the compensation awarded by the Tribunal. Therefore, respondent No.2 is directed to Rs.15,000/- with interest at the rate of 6% per annum within one month from the date of order -6- NC: 2025:KHC-K:5926 MFA No. 200304 of 2022 HC-KAR
iv) On such deposit, the appellant is permitted to withdraw the entire amount along with interest accrued on it.
Sd/-
(P SREE SUDHA) JUDGE THM List No.: 1 Sl No.: 48 CT:RJ