Karnataka High Court
Shri Dundappa Alias Dundesh S/O Suresh ... vs Shri Prabhu Alias Parappa S/O Mallappa ... on 7 March, 2026
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NC: 2026:KHC-D:3662
MFA No. 100389 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 07TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
MISCELLANEOUS FIRST APPEAL NO. 100389 OF 2022 (MV-I)
BETWEEN:
1. SHRI DUNDAPPA @ DUNDESH S/O SURESH HATTI
AGE. 22 YEARS, OCC. MECHANICAL WORK,
R/O. ARABHAVIMATH, TQ. GOKAK,
DIST. BELAGAVI- 593107.
...APPELLANT
(BY SRI. SANTOSH S HATTIKATAGI, ADVOCATE)
AND:
1. SHRI PRABHU @ PARAPPA S/O MALLAPPA RADRATTI
AGE. 35 YEARS, OCC. MECHANICAL WORK,
R/O. SHIVAPUR, TQ. GOKAK,
DIST. BELAGAVI 593107.
2. SHRI. ANAND S/O BASAPPA KARGANVI
AGE. 32 YEARS, OCC. NIL,
R/O. ARABHAVIMATH, TQ. GOKAK,
DIST. BELAGAVI 593107.
3. TEH UNITED INDIA INSURANCE CO. LTD,
BY ITS SENIOR DIVISIONAL MANAGER,
Digitally signed by
MOHANKUMAR B MARUTI GALLI, BELAGAVI 593107.
SHELAR
Location: HIGH
COURT OF ...RESPONDENTS
KARNATAKA
(BY SRI. PREETI SHASHANK, ADV FOR R3;
NOTICE TO R1 & R2 IS DISPENSED WITH)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD PASSED BY THE XII ADDL.
DISTRICT & SESSIONS JUDGE, BELAGAVI SITTING AT GOKAK, IN MVC
NO.179/2019 DATED 18.09.2021 BY ENHANCING THE COMPENSATION
AS PRAYED FOR IN THE CLAIM PETITION BY ALLOWING THEIS
APPEAL.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2026:KHC-D:3662
MFA No. 100389 of 2022
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The claimant dissatisfied with the quantum of compensation filed this appeal challenging the judgment and award dated 18.09.2021 passed in MVC No. 179 of 2019 by the learned XII Additional District and Sessions Judge, Belagavi, sitting at Gokak ( for short, 'the Tribunal')
2. Brief facts leading rise to the filing of this petition are as follows:
3. On 31.12.2018, the claimant as the pillion rider was proceeding on a motorcycle bearing Reg No. KA-49 S- 9579. The rider of the motorcycle ridden the same in rash and negligent manner and dashed to the motorcycle coming from the opposite direction. As a result, the claimant sustained grievous injuries. Hence, the claimant filed a claim petition seeking compensation on account of the injuries sustained by him in the road traffic accident. Accordingly, prays to allow the claim petition. -3-
NC: 2026:KHC-D:3662 MFA No. 100389 of 2022 HC-KAR
4. Though, the owner and the driver of the motorcycle appeared before the tribunal, they did not file their statement of objections.
5. The insurance company filed a statement of objections denying the averments made in the claim petition. It is contended that the rider of the motorcycle did not posses a valid and effective driving license as of the date of the accident and also contended that there is a delay in registering the case. Accordingly, on these grounds, prays to dismiss the petition.
6. The tribunal, based on the rival pleadings of the parties, framed the relevant issues.
7. The claimant, to substantiate his claim, examined himself as PW1, examined the doctor as PW2 and marked 26 documents as Ex.P1 to EX.P26. The Insurance Company did not lead any oral evidence. However, got marked a document as Ex.R.1 with consent.
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8. The tribunal after recording the evidence of the parties and after appreciating the verbal and documentary evidence placed on record, allowed the claim petition in part vide judgment and award dated 18.09.2021 and awarded a compensation of Rs. 70,000/- to the claimant with interest at the rate of 6% per annum from the date of the petition, till its realisation.
9. The claimant being dissatisfied with the quantum of compensation filed this Miscellaneous First Appeal.
10. Heard the arguments of the learned counsel for the claimant and the learned counsel for the Insurance Company.
11. Learned counsel for the claimant submits that the compensation awarded by the tribunal is on the lower side. He submits that though the doctor has assessed the disability at 15%, but the tribunal did not consider the disability. He submits that the compensation awarded by the tribunal on the other heads is also on the lower side. -5-
NC: 2026:KHC-D:3662 MFA No. 100389 of 2022 HC-KAR Accordingly, on these grounds, he prays to allow the appeal by enhancing the amount of compensation.
12. Per contra, the learned counsel for the Insurance Company submits that the amount of compensation awarded by the tribunal is just and proper and the same do not require interference at the hands of this court and accordingly, prays to dismiss the appeal.
13. Perused the records and considered the submissions of the learned counsel for the parties.
14. The point that would arise for consideration is regarding the quantum of compensation.
15. It is undisputed that the claimant met with an accident on 31.12.2018, and sustained grievous injuries. The accident has occurred due to the rash and negligent riding of the rider of the motorcycle. The claimant to prove that the accident had occurred due to the rash and -6- NC: 2026:KHC-D:3662 MFA No. 100389 of 2022 HC-KAR negligent riding of the rider of the motorcycle, has produced a charge sheet marked as Ex.P.8.
16. The tribunal was justified in answering Issue No. 1 by recording a finding that the accident had occurred due to the rash and negligent riding of the rider of the motorcycle.
Regarding the quantum of compensation
17. It is undisputed that the claimant was aged about 19 years as of the date of the accident and the accident is of 2018. The claimant contended that the claimant used to do mechanical works and used to earn Rs. 15,000/- per month. To substantiate his contention, he has not produced any income proof. In the absence of the income proof the notional income has to be assessed as per the schedule issued by the Karnataka State Legal Services Authority. As per the schedule issued by the KSLSA, this court assesses the notional income at Rs. 11,750/-. The multiplier applicable to the age of the claimant is '18' as per -7- NC: 2026:KHC-D:3662 MFA No. 100389 of 2022 HC-KAR the proposition of law laid down in the case of SARLA VERMA (SMT) AND OTHERS V. DELHI TRANSPORT CORPORATION AND ANOTHER reported in (2009) 6 SCC 121.
18. The tribunal has not considered the disability assessed by the doctor at 15%. This court, considering the material on record, assesses the disability of the claimant at 10%. In the light of the above, this court reassesses the compensation as follows:
Sl. Particulars Amount of
No. compensation
awarded by this
court
(In Rupees)
1 Loss of future income 2,53,800
(11,750 x 12 x 18 x 10%)
2 Pain and suffering 15,000
3 Medical expenses 37,291
4 Food and nourishment 10,000
5 Loss of amenities 25,000
6 Loss of income during laid-up 23,500
period
(11,750 x 2)
Total 3,64,591
Compensation awarded by the 70,000
Tribunal
Compensation enhanced by 2,94,591
this Court
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MFA No. 100389 of 2022
HC-KAR
19. Thus, the claimant is entitled to a total
compensation of Rs.3,64,591/- as against Rs.70,000/-, awarded by the Tribunal. Therefore, the claimant is entitled to an enhanced compensation of Rs.2,94,591/-. For the foregoing, the point regarding the quantum is answered accordingly.
20. In view of the discussion, I proceed to pass the following order:
ORDER
i) The Appeal is allowed in part.
ii) The impugned judgment and award passed by the Tribunal is hereby modified.
iii) The claimant is entitled to a total compensation of Rs.3,64,591/- as against Rs.70,000/- awarded by the Tribunal. Thus, the claimant is entitled to an enhanced compensation of Rs.2,94,591/- with interest -9- NC: 2026:KHC-D:3662 MFA No. 100389 of 2022 HC-KAR at the rate of 6% per annum from the date of the petition till its realisation.
iv) The Insurance Company is directed to deposit the enhanced compensation amount with accrued interest within 8 weeks from the date of receipt of a certified copy of this judgment.
v) The amount in deposit, if any and the Tribunal records shall be transmitted to the Tribunal, forthwith.
Sd/-
(ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 37