Karnataka High Court

K.Venkatachari vs Shivannagri Mallesham And Anr on 7 August, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                           NC: 2025:KHC-K:4503
                                                       MFA No. 202246 of 2018


                    HC-KAR




                               IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                             DATED THIS THE 7TH DAY OF AUGUST, 2025

                                             BEFORE

                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                        MISCL. FIRST APPEAL NO. 202246 OF 2018 (MV-I)

                   BETWEEN:

                   K.VENKATACHARI S/O SHANKER,
                   AGE: 29 YEARS, OCC: CARPENTER,
                   R/O: H.NO.4-99, MADDIKUNTA
                   SADASHIVAPET MANDAL,
                   SANGAREDDY DIST.
                   NOW R/AT: SAIDAPUR,
                   TQ. & DIST. YADGIR.
                                                                   ...APPELLANT
                   (BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE)

                   AND:

                   1.   SHIVANNAGRI MALLESHAM
                        S/O SHIVANNAGRI VEER BASSAPPA,
Digitally signed
by SHIVALEELA           AGE: 41 YEARS,
DATTATRAYA              OCC: OWNER OF AUTO NO.TS.15.JTR 2116,
UDAGI                   R/O: H.NO.1-18, CHANDAPUR VILLAGE,
Location: HIGH          SADASHIVAPET MANDAL,
COURT OF
KARNATAKA               DIST: SANGAREDDY - 502 345
                        TELANGANA.

                   2.   RELIANCE GENERAL INSURANCE CO. LTD.,
                        ASIAN PLAZA, NEAR TIMMAPURI CIRCLE,
                        KALABURAGI - 585 102.
                        THROUGH ITS MANAGER,
                        CLAIMS DEPARTMENT
                                                                 ...RESPONDENTS
                   (BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2;
                    NOTICE TO R1 IS DISPENSED WITH V/O DTD 17.08.2022)
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                                               NC: 2025:KHC-K:4503
                                       MFA No. 202246 of 2018


HC-KAR



      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD PASSED BY THE SENIOR CIVIL
JUDGE AND C.J.M. YADGIR, IN M.V.C. NO.19/2017 DATED
21.07.2018, AND ALLOW THE APPEAL IN THE INTEREST OF JUSTICE
AND EQUITY.

     THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:

CORAM:      HON'BLE MR. JUSTICE SHIVASHANKAR
            AMARANNAVAR


                         ORAL JUDGMENT

Being aggrieved by the judgment and award dated

21.07.2018 passed in MVC No.19/2017 by the Senior Civil

Judge and CJM, Yadgir (for short, 'the Tribunal'), the

appellant-claimant is before this Court seeking

enhancement of compensation.

2. Brief facts of the case are that, claimant along

with others were proceeding from Sadashivapet to

Maddikunta in Auto bearing Reg.No.TS-15/JTR-2116 near

Maddikunta village limits, the driver of the said auto drove

the said vehicle in a rash and negligent manner with high

speed, turned turtle and caused the accident. Due to this,

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the claimant suffered grievous injuries. The claimant

contended that he having suffered the injuries is entitled

for compensation from the respondents.

3. Heard learned counsel for appellant-claimant

and learned counsel for respondent No.2-Insurance

Company.

4. Learned counsel appearing for the appellant-

claimant would submit that the claimant was working as a

carpenter and he is aged about 28 yeas as on the date of

the accident. The income taken by the Tribunal at

Rs.6,000/- per month is on the lower side. Considering the

notional income fixed for the year 2016 for settlement of

disputes in the Lok-Adalath, which is at Rs.8,750/-. He

further submits that the doctor has stated disability at

21%, but the Tribunal has taken disability at 15%, which

is on the lower side. He further submits that the

compensation awarded in a sum of Rs.5,000/- towards

pain and suffering is on the lower side, considering that

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there are two fractures and the claimant is entitled to

Rs.25,000/- x 2 = Rs.50,000/- towards pain and suffering.

Loss of income during laid up period ought to have taken

for a period of three months considering the income of the

claimant, which comes to Rs.26,250/- (Rs.8,750 x 3

months) as against Rs.1,000/- as awarded by the

Tribunal. The amount towards loss of amenities awarded

by the Tribunal for a sum of Rs.5,000/- is on the lower

side. Considering the fact that the claimant has sustained

two fractures and he was a carpenter is entitled for loss of

amenities of Rs.20,000/-. With this, he prayed for allowing

this appeal and enhance the compensation awarded by the

Tribunal.

5. Learned counsel for respondent No.2-Insurance

Company would contend that, the compensation awarded

by the Tribunal is proper and adequate. Hence, prayed to

dismiss the appeal.

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6. Having heard learned counsel, this Court

perused the impugned judgment and Trial Court Records.

7. The claimant was aged 28 years, he was

working as a Carpenter. Considering the same, the

Tribunal ought to have taken the income of the claimant

as per the chart prepared by KSLSA for settlement of

disputes for the year 2016 in a sum of Rs.8,750/- as

against Rs.6,000/- taken by the Tribunal. The Tribunal has

taken disability at 15%, which is just and proper. As

claimant is aged 28 years, the multiplier applicable to his

age group is '17'. Considering the above aspects, the

claimant is entitled to an amount of Rs.2,67,750/-

(Rs.8,750/- x 12 x 15% x 17) towards loss of future

income.

8. The claimant has suffered two fractures and

considering the same he is entitled to compensation

towards pain and suffering in a sum of Rs.50,000/-

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(25,000/- x 2-fractures) as against Rs.15,000/- as

awarded by the Tribunal.

9. Considering the two fractures and avocation of

the claimant as carpenter he cannot work for three months

and therefore he is entitled for loss of income during laid

up period in a sum of Rs.26,250/- (8,750/- x 3 months) as

against Rs.1,000/- awarded by the Tribunal.

10. The Tribunal has awarded a sum of Rs.5,000/-

towards loss of amenities, which is on the lower side.

Considering the two fractures sustained by the claimant,

considering the same the claimant is entitled to

compensation towards loss of amenities in a sum of

Rs.20,000/- as against Rs.5,000/- as awarded by the

Tribunal.

11. The Tribunal has awarded a sum of Rs.18,159/-

towards medical expenses; Rs.5,000/- towards food and

nourishment, Rs.5,000/- towards conveyance charges,

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Rs.1,000/- towards attendant charges, which are just and

proper and there is no need to interference.

12. Thus, the petitioner is entitled for following

amount of compensation:

                                          Amount            Amount
  Sl.
                   Heads                awarded by        awarded by
  No
                                        the Tribunal       this Court
  1.     Pain and suffering                Rs.15,000/-      Rs.50,000/-
  2.     Medical expenses                  Rs.18,159/-      Rs.18,159/-
  3.     Loss of future income           Rs.1,83,600/-    Rs.2,67,750/-
  4.     Food and nourishment               Rs.5,000/-        Rs.5,000/-
  5.     Loss of amenities                  Rs.5,000/-      Rs.20,000/-
  6.     Conveyance charges                 Rs.5,000/-        Rs.5,000/-
         Loss of income during laid         Rs.1,000/-      Rs.26,250/-
  7.
         up period
  8.     Attendant charges                  Rs.1,000/-     Rs.1,000/-
                               Total    Rs.2,33,759/- Rs.3,93,159/-
                                        Rs.2,32,000/-
                     Enhancement               Rs.1,59,400/-

13. In the result, the appeal deserves to be allowed

in-part and hence, the following:

ORDER

(i) The appeal is allowed in-part.

(ii) The appellant-claimant is entitled to

compensation of Rs.3,93,159/- against

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Rs.2,33,759/- as awarded by the Tribunal

along with interest at the rate of 6% p.a.

from the date of petition till its deposit.

(iii) The respondent No.2-Insurance company is

directed to deposit the compensation

amount within a period of eight weeks

from this day, failing which, the claimant is

entitled interest at the rate of 9% per

annum on the enhanced compensation.