Karnataka High Court

Saibanna @ Sabanna vs Shivaraj Patil And Anr on 21 August, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                          NC: 2025:KHC-K:4839
                                                      MFA No. 202219 of 2017


                    HC-KAR




                                IN THE HIGH COURT OF KARNATAKA,

                                       KALABURAGI BENCH

                             DATED THIS THE 21ST DAY OF AUGUST, 2025

                                             BEFORE

                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                        MISC. FIRST APPEAL NO.202219 OF 2017 (MV-I)

                   BETWEEN:


                        SAIBANNA @ SABANNA
                        S/O NAGAPPA,
                        AGE: 24 YEARS,
                        OCC: DRIVER, NOW NIL
                        R/O: VILLAGE GUNDGURATHI,
                        TQ: CHITTAPUR,
                        NOW RESIDING AT M.B. NAGAR,
                        SEDAM ROAD, KALABURAGI - 585 105.
Digitally signed
by RENUKA                                                        ...APPELLANT
Location: HIGH
COURT OF           (BY SRI KRUPA SAGAR PATIL, ADVOCATE)
KARNATAKA


                   AND:


                   1.   SHIVARAJ PATIL
                        S/O PRAKASH,
                        AGE: MAJOR,
                        OCC: BUSINESS & OWNER OF LORRY
                        BEARING NO.AP-26-TA-3139,
                        R/O: PATIL GALLI, KAGAWAD,
                        TQ: ATHANI, DIST: BELAGAVI - 591 304.
                              -2-
                                         NC: 2025:KHC-K:4839
                                     MFA No. 202219 of 2017


HC-KAR




2.   THE DIVISIONAL MANAGER,
     UNITED INDIA INSURANCE CO. LTD.,
     DIVISIONAL OFFICE,
     DR. JAWALI COMPLEX,
     SUPER MARKET, KALABURAGI - 585 102.
                                            ...RESPONDENTS

(BY SRI C.A.SUGOOR, ADVOCATE FOR R1;
    SRI SANJAY M. JOSHI, ADVOCATE FOR R2)

      THIS MFA IS FILED UNDER SECTION 173 (1) OF THE

MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT

AND AWARD DATED 04.11.2017, PASSED BY THE PRL. SENIOR

CIVIL JUDGE AND MACT, KALABURAGI, IN FILE BEARING

MVC.NO.630/2016 AND ALLOW THE CLAIM PETITION AS

PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY.

      THIS MFA, COMING ON FOR ADMISSION, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR. JUSTICE SHIVASHANKAR
           AMARANNAVAR

                      ORAL JUDGMENT

This appeal is filed by the appellant - claimant

seeking enhancement of compensation as awarded in the

judgment and award dated 04.11.2017 passed in

MVC.No.630/2016 by the Prl. Senior Civil Judge and MACT,

Kalaburagi.

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02. Heard the learned counsel for the appellant and

the learned counsel for respondent No.2 - insurance

company.

03. Learned counsel for the appellant - claimant

would contend that the accident has taken place in the

year 2016 and at that time the appellant - claimant was

aged 27 years and he was driver holding driving license to

drive the Light Motor Vehicle. The appellant - claimant has

sustained seven fractures and he has been admitted for 24

days. PW.2 - Doctor has given Ex.P.10 - disability

certificate stating that there is 40% disability to the whole

body. PW.3 - Doctor has given the disability certificate as

per Ex.P.11 stating that the appellant - claimant is having

25% of permanent disability. He submits that due to the

accident, the appellant - claimant has sustained head

injury and as per evidence of PW.2 - Doctor, he is able to

rotate his neck only to the extent of 08 to 10 degrees and

therefore, he cannot drive the vehicle. He submits that the

Tribunal has not taken into consideration that implant

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fixed requires to be removed by operation and for that the

appellant - claimant requires future medical expenses.

There is a disfiguration of the face and therefore, there is

a loss of prospects of marriage. Considering the

occupation of the appellant - claimant, the income taken

by the Tribunal at Rs.9,000/- per month is on lower side.

The compensation awarded towards loss of amenities by

the Tribunal is on the lower side. Hence, prays to allow the

appeal.

04. Learned counsel for respondent No.2 -

insurance company would contend that the Tribunal has

rightly taken the disability at 21% and the income taken

by the Tribunal is also proper and correct. He submits that

there are no grounds for enhancement of the

compensation. Hence, prayed to dismiss the appeal.

05. Having heard the learned counsel for the

appellant and respondent No.2 - insurance company, this

Court perused the impugned judgment and award and

Trial Court records.

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06. The accident, age and occupation of the

appellant - claimant are not in dispute. The accident has

taken place in the year 2016, age of the appellant -

claimant was 27 years and his occupation was driver.

Ex.P.16 is the driving license of the appellant - claimant.

The date of issuance of the said driving license is

18.01.2013. Considering the driving license, the appellant

- claimant is authorized to drive Light Motor Vehicle.

07. The Coordinate Bench of this Court in the case

of Sharanabasav s/o Vijayakumar Biradar vs. M/s.

Arneja Auto Logistics and another in

MFA.No.201173/2021 disposed of on 26.06.2025,

has considered the monthly income of the driver holding

driving license with transport endorsement and license to

drive the heavy transport vehicle at Rs.20,000/- per

month.

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08. In the case on hand, the appellant - claimant is

holding driving license to drive Light Motor Vehicle.

Considering the said aspect, the income taken by the

Tribunal at Rs.9,000/- per month is on the lower side.

Considering the nature of vehicle authorized to drive under

the license, the income of the appellant - claimant

requires to be taken at Rs.12,000/- per month.

09. As per the decision of the Hon'ble Supreme

Court in the case of Jagadish vs. Mohan and others,

reported in (2018) 4 SCC 571, it is held that in the case

of self-employed person in addition 40% of established

income should be made where the age of the victim at the

time of accident was below 40 years. In the case on hand,

the appellant - claimant was driver aged 27 years and

therefore, he is entitled to future prospects at 40% of his

income.

10. Considering the age of the victim, the multiplier

applied by the Tribunal at 17 is proper.

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11. The appellant - claimant has sustained seven

fractures, he has undergone surgery and he was admitted

in the hospital for 24 days. Apart from that, there was a

head injury, wherein the appellant - claimant has been

treated by General Surgeon who has issued disability

certificate as per Ex.P.10, wherein the disability of the

appellant - claimant is stated as 40% of entire body. PW.2

is the orthopedic surgeon who has issued the disability

certificate as per Ex.P.11 wherein it is stated that the

appellant - claimant is having permanent disability of 25%

of his right upper limb, that is 21% of the whole body.

PW.2 - Doctor has stated in his evidence that the

appellant - claimant is able to rotate his neck only upto 08

to 10 degree and there is a disfiguration of the face of the

appellant - claimant.

12. Considering all these aspects, the disability

taken by the Tribunal at 21% is on lower side. Therefore,

the disability to be taken is 40%.

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13. Considering the above aspects, the loss of

future income of the appellant - claimant is Rs.12,000/- +

40% = Rs.16,800/- x 12 x 17 x 40% = Rs.13,70,880/-.

14. Considering the number of fractures, the

Tribunal has rightly awarded a sum of Rs.2,40,000/-

towards the pain and suffering.

15. The Tribunal considering the medical bills has

rightly awarded the compensation towards medical

expenses at Rs.4,50,043/-.

16. The appellant - claimant has been admitted to

the hospital for 24 days. Considering the same, the

Tribunal has rightly awarded the compensation towards

attendant's charges, food, nourishment and conveyance

expenses in a sum of Rs.24,500/-.

17. Considering that the appellant - claimant has

sustained seven fractures and his avocation was driving,

the loss of income during the laid up period has to be

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taken for 06 months. Therefore, the appellant - claimant

is entitled to loss of income during the laid up period in a

sum of Rs.12,000/- x 6 = Rs.72,000/-.

18. The appellant - claimant was aged 27 years as

on the date of accident and he was unmarried. There is a

disfiguration of face of the appellant - claimant. Due to

the same, there is loss of prospects of marriage.

Considering the same, the appellant - claimant is entitled

to loss of amenities and enjoyment in life in a sum of

Rs.2,00,000/-.

19. The Doctor has stated that implants are fixed

and for removal of the same, the appellant - claimant has

to incur the expenses of Rs.30,000/-. Therefore, the

appellant - claimant is entitled for compensation towards

the future medical expenses in a sum of Rs.30,000/-.

20. Considering the above aspects, the appellant -

claimant is entitled to compensation as under :-

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HC-KAR




 Sl.              Heads of                Compensation

 No.          compensation             awarded by this Court

 1       Towards loss of future                Rs.13,70,880/-
         income
 2       Towards      pain      and            Rs.02,40,000/-
         suffering
 3       Towards

 4       Towards             medical             Rs.4,50,043/-
         expenses
 5.      Towards         attendant's                Rs.24,500/-
         charges,              food,
         nourishment             and
         conveyance expenses
 6.      Towards loss of income                     Rs.72,000/-
         during the laid up period
 7.      Towards        loss      of             Rs.2,00,000/-
         amenities and enjoyment
         of life
 8.      Towards Future medical                     Rs.30,000/-
         expenses
         Total                                Rs.23,87,423/-