Karnataka High Court
Upendra S/O Rangayya @ Bishapathi vs Sudeep And Ors on 29 August, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC-K:4959
MFA No. 201233 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCL. FIRST APPEAL NO. 201233 OF 2021 (MV-I)
BETWEEN:
UPENDRA
S/O RANGAYYA @ BISHAPATHI,
AGE: 29 YEARS,
OCC: PRIVATE EMPLOYEE,
R/O: HYDERABAD.
NOW AT YERMARUS CAMP,
TQ: AND DIST: RAICHUR - 584 101.
...APPELLANT
(BY SRI SHARANAGOWDA V.PATIL, ADVOCATE)
AND:
Digitally signed
by RENUKA
Location: 1. SUDEEP
HIGH COURT S/O SRINIVAS REDDY,
OF AGE: 37 YEARS,
KARNATAKA
OCC: DRIVER OF INOVA CAR,
BEARING NO. AP-09/BN-7608,
R/O: H.NO.79-21-10 SHAMALANGAR,
RAJAMANDRI,
DIST: VISHKAPATNAM (AP) - 500 020.
2. K. NAGESHGOUDA
S/O K. NAGAYYA GOWDA,
AGE: 38 YEARS,
OCC: ELECTRICAL BUSINESS AND
OWNER OF INOVA CAR BRG
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MFA No. 201233 of 2021
HC-KAR
NO. AP-09/ BN- 7608
R/O: PEDDAPALLI.
NOW AT TELAKAPALLI,
TQ: NAGARAKURNOOL,
DIST: MEHABOOBNAGAR (TS) - 509 209.
3. THE BRANCH MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD,
CORPORATE OFFICE 570,
RECTIFIER NELGAUM CROSS ROAD,
NEXT TO ROAD, INDUSTRIAL ESTATE,
WADALE (W) MUMBAI - 400 031.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R3;
NOTICE TO R1 AND R2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS
AND MODIFY THE JUDGMENT AND AWARD DATED 20.02.2020,
PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE
AND MACT AT RAICHUR, IN MVC NO.221/2018 AND SOUGHT
FOR ENHANCEMENT OF RS.6,11,800/-, 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
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MFA No. 201233 of 2021
HC-KAR
ORAL JUDGMENT
1. This appeal is filed by the appellant/claimant
seeking enhancement of compensation as awarded in the
Judgment and award dated 20.02.2020 passed in MVC
No.221/2018 by the II Additional District and Sessions Judge
and MACT, Raichur (for short 'the tribunal').
2. Heard the learned counsel for the appellant and
the learned counsel for the respondent No.3-Insurance
Company.
3. Learned counsel for the appellant would contend
that, the notional income taken by the tribunal at Rs.8,000/-
per month is on lower side, considering the fact that, as per
the chart prepared for settlement of disputes in the Lok
Adalath, the notional income fixed for the year 2018 is
Rs.8,750/-. The Doctor/P.W.3 has stated that the disability is
22% for the whole body and the tribunal has erred in taking
the disability at 10%. The compensation awarded for pain
and suffering, loss of income during laid up period and loss
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of amenities are on lower side. With this he prays for
allowing the appeal.
4. Learned counsel for the respondent No.3 would
contend that, the percentage of disability as taken by the
tribunal is on higher side. The tribunal has rightly assessed
the compensation. There are no grounds for enhancement of
compensation as prayed by the appellant/claimant. With this,
he prays for dismissal of the appeal.
5. Having heard the learned counsels, this Court has
perused the impugned Judgment and other materials placed
on record.
6. The appellant/claimant was aged 25 years as on
the date of the accident and the accident occurred in the
year 2016. The age of the appellant/claimant and the year of
accident are not in dispute. The liability of the respondent
No.3 - Insurance company is also not in dispute.
7. P.W.3 the Doctor has assessed the disability at
22% to the whole body. In view of the fact that, P.W.3 is not
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a treated doctor, the tribunal has rightly taken the disability
at 10%. The notional income fixed for settlement of disputes
in the Lok Adalath for the year 2018 is Rs.8,750/- per month
and therefore, the notional income taken by the tribunal at
Rs.8,000/- per month is on lower side. The tribunal has
rightly taken the multiplier at '18'. In view of the above, the
loss of future income is as under:
Rs.8,750/- X 12 X 18 X 10% = Rs.1,89,000/-
8. Considering the fact that, the appellant/claimant
has sustained lacerated wound on right leg in the lower 1/3rd
with tenderness in cervical spine and diagnosed with Type-2
open communited fracture of right tibia and he was treated
as an inpatient for 11 days, the compensation awarded for
pain and suffering and loss of income during the laid up
period are on lower side.
9. The appellant/claimant is entitle to compensation
for pain and suffering in a sum of Rs.50,000/- and loss of
income during laid up period in a sum of Rs.26,250/-
(Rs.8,750/- X 3 months).
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HC-KAR
10. Considering the nature of injury and disability,
the compensation awarded under the head of loss of
amenities in a sum of Rs.15,000/- is on lower side and the
appellant/claimant is entitle to Rs.40,000/- towards loss of
amenities.
11. The compensation awarded by the tribunal under
other heads is proper and correct.
12. In view of the above, the appellant/claimant is
entitle for compensation under different heads as under:
Sl.No. Heads of compensation Compensation
awarded by
this Court
1 Loss of future earnings Rs.1,89,000/-
2 Pain and sufferings Rs.50,000/-
3 Medical expenses Rs.4,410/-
4 Food, nourishment and conveyance Rs.15,000/-
5 Attendant charges Rs.10,000/-
6 Loss of income during laid up period Rs.26,250/-
7 Loss of amenities Rs.40,000/-
8 Future medical expenses Rs.15,000/-
Total Rs.3,49,660/-
13. The appellant/claimant is entitle to total
compensation of Rs.3,49,660/- as against Rs.2,88,200/-
awarded by the tribunal.
14. In view of the above, the following:
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ORDER
(i) The appeal is allowed in-part;
(ii) The appellant/claimant is entitle to total
compensation of Rs.3,49,660/- with interest at the
rate of 6% per annum, from the date of petition till
realization of the entire compensation amount;
(iii) The respondent No.3-Insurance
company shall deposit the award amount with
interest within a period of eight weeks from this
day, failing which it is liable to pay interest the
rate of 9% per annum;
(iv) The appellant/claimant is entitle to get
release the entire amount of compensation.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
SVH
