Karnataka High Court
The Divisional Manager, The Oriental vs Sabanna And Anr on 13 October, 2025
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NC: 2025:KHC-K:5986
MFA No. 201153 of 2018
C/W MFA.CROB No. 200019 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 201153 OF 2018 (MV-I)
C/W
MFA CROSS OBJ NO. 200019 OF 2021(MV-I)
IN MFA NO.201153/2018:
BETWEEN:
THE DIVISIONAL MANAGER,
REP. BY THE ORIENTAL INSURANCE CO. LTD.,
N.G.COMPLEX, 1ST FLOOR,
OPP. MINI VIDHAN SOUDHA, STATION ROAD,
KALABURAGI-585102.
...APPELLANT
(BY SRI. SANJAY M JOSHI,ADVOCATE)
Digitally AND:
signed by
SUMITRA
SHERIGAR 1. SABANNA S/O. BASAVARAJ,
Location: AGE 27 YEARS, OCC. AGRICULTURE & COOLIE,
HIGH COURT R/O. VILLAGE YARGOL,
OF TQ. & DIST. YADGIR-585218.
KARNATAKA
2. NEELSINGH S/O. NARAYAN,
AGE 45 YEARS,
OCC. AGRICULTURE & OWNER OF TRACTOR-TRAILOR
KA 32/RA 7462/7463,
R/O. WADI JUNCTION, TQ. CHITTAPUR,
DIST. KALABURAGI-585103.
...RESPONDENTS
(BY SRI.KRUPA SAGAR PATIL, ADV. FOR R1;
SRI.GOPAL KRISHNA B. YADAV. ADV. FOR R2)
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MFA No. 201153 of 2018
C/W MFA.CROB No. 200019 of 2021
HC-KAR
THIS MFA IS FILED U/S 173 (1) OF MV ACT, PRAYING TO
SUMMON THE ENTIRE RECORDS ON THE FILE OF THE I ADDL.
SENIOR CIVIL JUDGE AND MEMBER MACT, KALABURAGI AND
SET ASIDE THE JUDGMENT AND AWARD DATED 15.02.2018 IN
MVC NO.514/2016 AWARDING AND COMPENSATION OF
RS.8,24,000/- AND REDUCE THE COMPENSATION UNDER THE
HEAD MEDICAL EXPENSES AND LOSS OF CENSING CAPACITY, AS
BEING EXCESSIVE AND UNJUST.
IN MFA CROB. 200019/2021:
BETWEEN:
SABANNA S/O. BASAWARAJ,
AGE 29 YEARS, OCC. AGRICULTURE & COOLIE,
R/O. VILLAGE YARGOL,
TQ. & DIST. YADGIR-585218.
...CROSS OBJECTOR
(BY SRI. KRUPA SAGAR PATIL, ADVOCATE)
AND:
1. NEELSINGH,
S/O. NARAYAN,
OCC. AGRI & OWNER OF TRACTOR & TRAILOR
NO.KA 32/RA.7462/7463,
R/O. WADI (JN), TQ. CHITTAPUR,
DIST. KALABURAGI-585109.
2. THE ORIENTAL INSURANCE CO. LTD.,
THROUGH ITS DIVISIONAL MANAGER,
NG COMPLEX, OPP. MINI VIDHANA SOUDHA, STATION
ROAD, KALABURAGI-585102.
...RESPONDENTS
(BY SRI. SANJAY M. JOSHI, ADV. FOR R2,
V/O. DATED 08.06.2023, NOTICE TO R1 DISPENSED WITH)
THIS MFA CROB. IS FILED U/S. 41 RULE 22 OF CPC,
PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
15.02.2018 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND
MACT, KALABURAGI IN FILE BEARING MVC NO.514/2016 AND
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MFA No. 201153 of 2018
C/W MFA.CROB No. 200019 of 2021
HC-KAR
ALLOW THE CLAIM PETITION AS PRAYED FOR AND FURTHER
DISMISS THE MFA NO.201153/2018.
THESE APPEALS ARE COMING ON FOR ADMISSION, THIS
AY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. Heard the arguments from both sides.
2. MFA No.201153/2018 is filed by the Insurance company against the Judgment and award dated 15.02.2018 passed in MVC No.514/2016 by the I Additional Senior Civil Judge and MACT, Kalaburagi (for short 'the tribunal') on the ground of quantum of compensation awarded by the tribunal, whereas, MFA Crob No.200019/2021 is filed by the claimant seeking enhancement of the compensation.
3. The claimant was doing agricultural work and coolie work and was aged 25 years as on the date of the accident. He filed claim petition claiming compensation of Rs.24,50,000/-. The tribunal after considering the entire evidence on record awarded a sum of Rs.8,24,000/- along with interest at the rate of 6% per annum from the date of -4- NC: 2025:KHC-K:5986 MFA No. 201153 of 2018 C/W MFA.CROB No. 200019 of 2021 HC-KAR petition till realization. Aggrieved by the said order, he preferred the present appeal.
4. Learned counsel for Insurance company submits that, the claimant was inpatient from 09.03.2016 to 23.03.2016. He submits that, the compensation amount awarded by the tribunal is exorbitant and the disability assessed by the non-treating Doctor. He disputed Ex.P.12 and Ex.P.15 and stated that, the disability is to be taken at 1/3rd of the 45% which comes to 15%, instead of 30%. Therefore, he requests for reduction of the compensation amount awarded by the tribunal.
5. The claimant filed MFA Crob No.200019/2021 for enhancement. He contended that, the income of the claimant was taken at Rs.7,500/- per month. He sustained multiple fractures i.e. mandible, left hyumerus and left clavicle, fracture of left frontal bone, left orbit, left sphenoid, left anterior cranial fossa and left maxillary body and EDH in left frontal convexity and SDH in left frontal temporal regional and his face was also disfigured. But the tribunal has erred in -5- NC: 2025:KHC-K:5986 MFA No. 201153 of 2018 C/W MFA.CROB No. 200019 of 2021 HC-KAR taking the disability at 30%. The amount granted under the head pain and suffering and medical expenses is meager. He was inpatient for 15 days and he was advised to take bed rest for three months. No compensation was granted under the head of loss of earnings and was requested for enhancement of the compensation.
6. Heard the arguments from both sides and also perused the evidence of P.W.2 and P.W.3 and the disability certificates issued by them.
7. P.W.3 issued Ex.P.10. He examined the relevant records and also finally opined that, the patient had grievous traumatic brain injury, facial injury and L-eye injury, he underwent emergency decompressive craniotomy and considering the said injuries, he assessed the disability at 30% and he further observed that there is loss of vision in L- eye which is due to optic atrophy, accounts for disability of 20% to optic nerve, which is irreversible and further stated that, he sustained fracture of maxilla and mandible, as a result there is deformity of face, inability to masticate hard -6- NC: 2025:KHC-K:5986 MFA No. 201153 of 2018 C/W MFA.CROB No. 200019 of 2021 HC-KAR food from L-side, unable to bite food due to loss of front lower teeth; nonalignment of upper and lower jaw causing TM joint pain, etc., is impairing the normal function of middle and lower component of face accounts and assessed the disability for the aforesaid injuries at 20%. P.W.3 further observed that, the claimant cannot lift weight as before the accident with L-upper arm due to fracture of L-humerus accounts for disability of 20% to L-arm, due to contusion of brain in accident is impairing the routine physical functions accounts for disability of 30% and assessed the disability at 20% and thus, total disability at 61% to the whole body and clearly stated that, the loss of vision in I-eye is irreversible.
8. P.W.2 assessed the disability under Ex.P.14 and he stated that, malunited fracture of shaft left humerus with implant and malunited fracture left clavicle and has permanent physical impairment in relation to upper limb the thus the disability is 45%. He was hospitalized for a period of 15 days. Learned counsel for the claimant relied upon a decision of this Court passed in MFA No.202219/2017 dated 21.08.2025 in which the disability of the claimant was taken -7- NC: 2025:KHC-K:5986 MFA No. 201153 of 2018 C/W MFA.CROB No. 200019 of 2021 HC-KAR at 40% on the on the ground that the disability taken by the tribunal is on the lower side. Therefore, considering the evidence of the Doctors and the disability assessed by them, this Court finds it reasonable to take the disability at 45%, instead of 30%. The petitioner was aged 25 years and he was doing agriculture and coolie work and earning Rs.25,000/- per month. But the claimant failed to prove his income by filing any documents. Therefore, as per the guidelines of the Karnataka State Legal Services Authority, as he met with the accident on 08.03.2016, his income is to be taken at Rs.8,750/- per month, instead of Rs.7,500/-.
9. As per the citation reported in (2018) 4 SCC 571, between Jagadish Vs. Mohan and others, in case of self employed person, who is aged below 40 years, 40% income to be taken towards loss of future income.
Rs.8,750/- + 40% = Rs.12,250/-
Rs.12,250/- X 12 X 18 X 45% = Rs.11,90,700/-
10. There is no dispute regarding the medical expenses granted by the tribunal. The tribunal already -8- NC: 2025:KHC-K:5986 MFA No. 201153 of 2018 C/W MFA.CROB No. 200019 of 2021 HC-KAR considered the discharge card, medical bills and prescriptions under Ex.P.7 and Ex.P.9 and accordingly, an amount of Rs.2,71,500/- was granted under the head of medical expenses and it needs no interference. The compensation of Rs.30,000/- granted under the head of pain and suffering is to be enhanced to Rs.75,000/- and Rs.25,000/- is to be granted under the head of loss of amenities, Rs.30,000/- is to be granted under the head of transportation, extra nourishment and attendant charges and future medical expenses already granted i.e. Rs.30,000/- needs no interference. The total compensation would be as under:
Sl.No. Heads of compensation Compensation granted by this Court 1 Loss of future income Rs.11,90,700/- 2 Medical expenses Rs.2,71,500/- 3 Pain and sufferings Rs.75,000/- 4 Transportation, extra Rs.30,000/-
nourishment and attendant charges 5 Loss of amenities Rs.25,000/-
6 Future medical expenses Rs.30,000/-
Total Rs.16,22,200/-
11. Learned counsel for the Insurance company
submits that, 50% of the compensation is deposited at the time of filing of the appeal.
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12. Hence, the following order:
ORDER
(i) MFA No.201153/2018 filed by the Insurance company is dismissed;
(ii) MFA Crob No.200019/2021 filed by the claimant is allowed in part;
(iii) The claimant is entitled to total compensation of Rs.16,22,200/- along with 6% interest on the enhanced compensation;
(iv) The Insurance company is directed to deposit the balance amount along with interest at the rate of 6% per annum within one month from the date of this order;
(v) The statutory deposit made by the Insurance company before this Court shall be transmitted to the tribunal, forthwith;
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(vi) On deposit of the compensation amount by the Insurance company, the claimant is at liberty to withdraw the entire amount along with accrued interest.
Sd/-
(P SREE SUDHA) JUDGE SVH List No.: 1 Sl No.: 42 CT:RJ