Karnataka High Court
Mohan Singh vs Siddappa And Anr on 26 February, 2026
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NC: 2026:KHC-K:1933
MFA No. 202487 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 202487 OF 2022 (MV-I)
BETWEEN:
MOHAN SINGH S/O DEVA SINGH,
AGE: 69 YEARS, OCC: SECURITY GAURD (NOW NIL),
R/O MADANPUR GALLI, YADAGIRI,
TQ. AND DISTRICT. YADAGIRI.
...APPELLANT
(BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE)
AND:
1. SIDDAPPA S/O BANNAPPA,
AGE: 46 YEARS, OCC: OWNER OF MOTOR CYCLE
Digitally signed by BEARING REG. NO.KA-33/J-4287,
SHILPA R
TENIHALLI R/O UPPARWADI, W.NO.31, DURGA NIWAS,
Location: HIGH WALMIKI NAGAR, YADAGIRI,
COURT OF
KARNATAKA TQ. AND DIST. YADAGIRI-585201.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
BILGUNDI COMPLEX, OPP. MINI VIDHANA SOUDHA,
KALABURAGI-585102.
TQ. AND DIST. KALABURAGI.
...RESPONDENTS
(BY SRI MANVENDRA REDDY, ADVOCATE FOR R2;
V/O DTD.23.05.2023 NOTICE TO R1 IS DISPENSED WITH)
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NC: 2026:KHC-K:1933
MFA No. 202487 of 2022
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
ALLOW THE APPEAL, JUDGMENT AND AWARD DATED
31.03.2022 IN MVC NO.183/2021 PASSED BY THE LEARNED
MEMBER, MACT-II AT YADGIR, MAY KINDLY BE MODIFIED BY
ENHANCING THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
This appeal is directed against the judgment and award dated 31.03.2022 passed in MVC No. 183 of 2021 by the MACT-II, Yadagiri (for short, "the Tribunal"), whereby compensation was awarded to the claimant.
2. For the sake of convenience, the parties in this appeal are referred to according to their status and ranking before the Tribunal. -3-
NC: 2026:KHC-K:1933 MFA No. 202487 of 2022 HC-KAR
3. I have heard Sri Veeranagouda Malipatil, learned counsel appearing for the appellant, and Sri Manvendra Reddy, learned counsel appearing for the respondent-Insurance Company. I have also perused the records.
4. In light of the arguments advanced by the learned counsel for the parties, there is no dispute regarding the occurrence of the road traffic accident on 08.01.2021, in which the claimant sustained grievous injuries. On perusal of the evidence of PW-2, the treating Doctor has deposed that the claimant suffered disability to the extent of 34%. However, the Tribunal has taken the disability at 12%, which requires modification and I am of the opinion that, the Tribunal ought to have taken disability to the extent of 15%.
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NC: 2026:KHC-K:1933 MFA No. 202487 of 2022 HC-KAR
5. The accident occurred in the year 2021. As per the guidelines issued by the Karnataka State Legal Services Authority, the notional income of the claimant is taken at Rs.14,250/- per month. By applying the multiplier of 5, in terms of the judgment of the Hon'ble Supreme Court in the case of Sarla Verma v. Delhi Transport Corporation, reported in (2009) 6 SCC 121, and taking the disability at 15%, the claimant is entitled to compensation of Rs. 1,28,250/- (14,250 × 15% × 12 × 5) towards loss of future income due to permanent disability.
Amount
Heads
(Rs.)
Pain and suffering 50,000
Medical expenses 1,28,221
Removal of implant 20,000
Attendant charges 20,000
Loss of income during treatment (14,250 42,750 × 3 months) Loss of future income due to permanent 1,28,250 -5- NC: 2026:KHC-K:1933 MFA No. 202487 of 2022 HC-KAR disability Loss of future amenities 50,000 Total 4,39,221 Less: Compensation awarded by the 3,46,221 Tribunal Enhancement of compensation 93,000
6. Taking into consideration the nature of injuries sustained by the appellant-claimant, the compensation is reassessed under the following heads:
7. After deducting the compensation already awarded by the Tribunal, the claimant is entitled to an enhanced compensation of Rs. 93,000/-.
8. Thus, the claimant is entitled to a total compensation of Rs. 4,39,221/- with interest at 6% per annum from the date of the petition till realization. -6-
NC: 2026:KHC-K:1933 MFA No. 202487 of 2022 HC-KAR
9. Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal are modified to the extent indicated above.
10. The respondent-Insurance Company is directed to deposit the entire compensation amount within a period of six weeks from the date of receipt of a certified copy of this order.
11. Sri. Manvendra Reddy, learned counsel, is permitted to file a memo of appearance for respondent No. 2 within four weeks.
Sd/-
(E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 2 CT:PK