Karnataka High Court
Malappa vs Annayya And Anr on 29 August, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2025:KHC-K:4975
MFA No. 200977 of 2022
C/W MFA No. 200980 of 2022
MFA No. 200984 of 2022
HC-KAR AND MFA.No.201058/2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISC. FIRST APPEAL NO.200977 OF 2022 (MV-I)
C/W
MISC. FIRST APPEAL NO.200980 OF 2022
MISC. FIRST APPEAL NO.200984 OF 2022
MISC. FIRST APPEAL NO.201058 OF 2022
IN M.F.A.NO.200977/2022
BETWEEN:
MALAPPA
S/O ANANDRAYA @ ANANT,
AGE: 14 YEARS, MINOR,
OCC: STUDENT,
U/G OF HIS NATURAL FATHER,
ANANDRAYA @ ANANT
S/O RAMANNA PUJARI,
AGE: 47 YEARS,
Digitally signed
by RENUKA OCC: AGRICULTURE, NOW NIL,
Location: HIGH R/O: BHUSNOOR, TQ: ALAND,
COURT OF
KARNATAKA DIST: KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
AND:
1. ANNAYYA
S/O SEKAYYA GUTTEDAR,
AGE: MAJOR,
OCC: BUSINESS,
R/O: POST. CHINCHOLI,
TQ: AFZALPUR,
DIST: KALABURAGI - 585 301.
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MFA No. 200977 of 2022
C/W MFA No. 200980 of 2022
MFA No. 200984 of 2022
HC-KAR AND MFA.No.201058/2022
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE, II FLOOR,
CENTURY COMPLEX, SUPER MARKET,
KALABURAGI - 585 102.
...RESPONDENTS
(BY SRI MOHAMMED ABDUL QUAYUM, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO EXERCISE ITS APPELLATE
JURISDICTION, CALL FOR THE ENTIRE LOWER COURT
RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED
05.01.2022 PASSED BY THE LEARNED III ADDL. SENIOR CIVIL
JUDGE AND MACT, KALABURAGI IN MVC.NO.1220/2019 BY
ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR, IN
THE INTEREST OF JUSTICE AND EQUITY AND ETC.
IN M.F.A.NO.200980/2022
BETWEEN:
ANANDRAYA @ ANANTRAJ
S/O RAMANNA PUJARI,
AGE: 47 YEARS,
OCC: AGRICULTURE, NOW NIL,
R/O: BHUSNOOR,
TQ: ALAND,
DIST: KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
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NC: 2025:KHC-K:4975
MFA No. 200977 of 2022
C/W MFA No. 200980 of 2022
MFA No. 200984 of 2022
HC-KAR AND MFA.No.201058/2022
AND:
1. ANNAYYA
S/O SEKAYYA GUTTEDAR,
AGE: MAJOR,
OCC: BUSINESS,
R/O: POST. CHINCHOLI,
TQ: AFZALPUR,
DIST: KALABURAGI - 585 301.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE, II FLOOR,
CENTURY COMPLEX, SUPER MARKET,
KALABURAGI - 585 102.
...RESPONDENTS
(BY SRI MOHAMMED ABDUL QUAYUM, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING EXERCISE ITS APPELLATE
JURISDEICTION, CALL FOR THE ENTIRE LOWER COURT
RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED
05.01.2022 PASSED BY THE LEARNED III ADDL. SENIOR CIVIL
JUDGE AND MACT, KALABURAGI IN MVC.NO.1219/2019 BY
ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.200984/2022
BETWEEN:
SHIVASHARANAPPA
S/O CHANNAPPA,
AGE: 18 YEARS,
OCC: STUDENT,
R/O: KHANAPUR,
TQ: ALAND,
DIST: KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
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NC: 2025:KHC-K:4975
MFA No. 200977 of 2022
C/W MFA No. 200980 of 2022
MFA No. 200984 of 2022
HC-KAR AND MFA.No.201058/2022
AND:
1. ANNAYYA
S/O SEKAYYA GUTTEDAR,
AGE: MAJOR,
OCC: BUSINESS,
R/O: POST. CHINCHOLI,
TQ: AFZALPUR,
DIST: KALABURAGI - 585 301.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE, II FLOOR,
CENTURY COMPLEX, SUPER MARKET,
KALABURAGI - 585 102.
...RESPONDENTS
(BY SRI MOHAMMED ABDUL QUAYUM, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO EXERCISE ITS APPELLAET
JURISDICTION, CALL FOR THE ENTIRE LOWER COURT
RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED
05.01.2022 PASSED BY THE LEARNED III ADDL. SENIOR CIVIL
JUDGE AND MACT, KALABURAGI IN MVC.NO.1218/2019 BY
ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.201058/2022
BETWEEN:
KUM. BHAGYASHREE D/O CHANNAPPA
AGE: 15 YEARS, OCC: STUDENT,
U/G. OF HER NATURAL FATHER
CHENNAPPA S/O SHIVASHARANAPPA PUJARI,
AGE: 47 YEARS, OCC: AGRICULTURE, NOW NIL,
R/O: KHANAPUR, TQ: ALAND,
DIST: KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
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NC: 2025:KHC-K:4975
MFA No. 200977 of 2022
C/W MFA No. 200980 of 2022
MFA No. 200984 of 2022
HC-KAR AND MFA.No.201058/2022
AND:
1. ANNAYYA
S/O SEKAYYA GUTTEDAR,
AGE: MAJOR,
OCC: BUSINESS,
R/O: POST. CHINCHOLI,
TQ: AFZALPUR,
DIST: KALABURAGI - 585 301.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE, II FLOOR,
CENTURY COMPLEX, SUPER MARKET,
KALABURAGI - 585 102.
...RESPONDENTS
(BY SRI MOHAMMED ABDUL QUAYUM, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO EXERCISE ITS APPELLATE
JURISDICTION, CALL FOR THE ENTIRE LOWER COURT
RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED
05.01.2022 PASSED BY THE LEARNED III ADDL. SENIOR CIVIL
JUDGE AND MACT, KALABURAGI IN MVC.NO.1217/2019 BY
ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR, IN
THE INTEREST OF JUSTICE AND EQUITY.
THESE MFA'S, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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MFA No. 200977 of 2022
C/W MFA No. 200980 of 2022
MFA No. 200984 of 2022
HC-KAR AND MFA.No.201058/2022
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
ORAL JUDGMENT
MFA.No.200977/2022 is filed by the appellant -
claimant seeking enhancement of compensation as
awarded by the Tribunal in the judgment and award dated
05.01.2022 passed in MVC.No.1220/2019 by the III
Additional Senior Civil Judge and MACT, Kalaburagi.
02. MFA.No.200980/2022 is filed by the appellant -
claimant seeking enhancement of compensation as
awarded by the Tribunal in judgment and award dated
05.01.2022 passed in MVC.No.1219/2019 by the III
Additional Senior Civil Judge and MACT, Kalaburagi.
03. MFA.No.200984/2022 is filed by the appellant -
claimant seeking enhancement of compensation as
awarded by the Tribunal in judgment and award dated
05.01.2022 passed in MVC.No.1218/2019 by the III
Additional Senior Civil Judge and MACT, Kalaburagi.
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HC-KAR AND MFA.No.201058/2022
04. MFA.No.201058/2022 is filed by the appellant -
claimant seeking enhancement of compensation as
awarded by the Tribunal in judgment and award dated
05.01.2022 passed in MVC.No.1217/2019 by the III
Additional Senior Civil Judge and MACT, Kalaburagi.
05. All the claim petitions have been filed pertaining
to the accident taken place on 26.04.2019. The date of
accident, liability of the insurance company and age of the
claimants - injured are not in dispute.
06. Heard learned counsel for the appellants -
claimants and learned counsel for respondent No.2 -
insurance company.
07. Learned counsel for the appellants - claimants
would contend that except the appellant - claimant in
MFA.No.200980/2022, the other claimants in other 03
appeals are minors and they are entitled to compensation
as per the judgment of the Hon'ble Supreme Court in the
case of Master Mallikarjun Vs. The Divisional
Manager, National Insurance Company Limited and
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HC-KAR AND MFA.No.201058/2022
Another reported in (2014) 14 SCC 396 with escalation
at 10%. He further submits that the Tribunal has taken
the disability on the lower side. He further submits that
the appellant - claimant in MFA.No.200980/2022 is aged
45 years and disability taken pertaining to the appellant -
claimant at 10% as against the evidence of doctor at 38%
is on the lower side. With these he prays to enhance the
compensation.
08. Learned counsel for respondent No.2 -
insurance company submits that the compensation
awarded by the Tribunal is just and proper and there are
no grounds for enhancement of compensation.
09. The appellant - claimant was aged 45 years as
on the date of accident. The accident has taken place in
the year 2019. As per the Lok-Adalath Chart, the notional
income is Rs.13,250/- per month. The Tribunal has taken
the notional income accordingly. PW.2 is the doctor, in his
evidence and in the disability certificate at Ex.P.9, he has
opined that claimant has sustained following injuries.
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HC-KAR AND MFA.No.201058/2022
I. Patient had grievous traumatic brain, face and chest
injury as found clinically and radiologically,
II. Deformed look of face due to fracture of mandible,
inability to open the mouth completely due to
fracture of ramus of mandible, non-alignment of law
gives mastication is painful due to inability to open
the mouth completely etc., is impairing the routine
lower 1/3 functions of mouth accounts for disability
of 25%,
III. Pain to neck and painful neck movements on right
side is due to contusion and sprain of muscles,
inability to lift weight is due to neck pan radiation in
arms, etc., is impairing the routine work accounts for
disability of 15% and
IV. Pain in right side chest on deep inspiration and
inability to sleep on right side is due to old fracture of
9th rib accounts for disability of 10%.
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HC-KAR AND MFA.No.201058/2022
10. Considering the same, the doctor - PW.2 has
stated that the disability is 38% of the entire body. Even
though the doctor has stated so, the Tribunal has erred in
taking disability at 10%.
11. Considering the same, the disability has to be
taken at 15%. The Tribunal has rightly taken the multiplier
at 14. In view of the same, the loss of future earning is as
under:-
Rs.13,250/- x 12 x 14 x 15% = Rs.3,33,900/-.
12. Considering the fractures sustained, the award
of compensation for pain and suffering in a sum of
Rs.40,000/- is on the lower side. The appellant - claimant
is entitled for Rs.75,000/- towards the pain and suffering.
13. The Tribunal has rightly awarded the medical
expenses of Rs.92,596/-, loss of income during the laid up
period of Rs.39,750/-, nutritious food and attendant
charges in a sum of Rs.30,000/-.
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14. Considering the fractures and injuries sustained
by the appellant - claimant, the loss of future amenities
awarded by the Tribunal in a sum of Rs.30,000/- is on the
lower side. The appellant - claimant is entitled to a sum of
Rs.60,000/- towards loss of future amenities.
15. Considering the above aspects, the appellant -
claimant is entitled to compensation as under :-
Sl. Heads of Compensation
No. compensation awarded by this Court
1 Loss of future earnings Rs.3,33,900/-
2 Pain and suffering Rs.75,000/-
3 Medical expenses Rs.92,596/-
4 Loss of income during Rs.39,750/-
the laid up period
5. Nutritious food and Rs.30,000/-
attendant charges
6. Loss of future amenities Rs.60,000/-
Total Rs.6,31,246/-
16. The appellant - claimant is entitled to total
compensation of Rs.6,31,246/- as against Rs.4,54,946/-
as awarded by the Tribunal.
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HC-KAR AND MFA.No.201058/2022
IN MFA.NO.200977/2022, MFA.NO.200984/2022
17. In MFA.No.200977/2022 the injured -
clamant is aged 12 years, in MFA.No.200984/2022 the
injured - claimant is aged 16 years and in
MFA.No.201058/2022 the injured - claimant is aged 13
years as on the date of accident.
18. The doctor who examined the claimant -
injured in MFA.No.200977/2022 has stated that the
claimant - injured has sustained disability at 30%, in
MFA.No.200984/2022 the claimant - injured has sustained
disability at 32% and in MFA.No.201058/2022 the
claimant - injured has sustained disability at 25%.
19. Considering the said aspects, all the appellants
- claimants have sustained the disability more than 10%.
As per the decision of the Hon'ble Supreme Court in the
case of Master Mallikarjun (supra), the appellants -
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HC-KAR AND MFA.No.201058/2022
claimants are entitled to compensation of Rs.3,00,000/-
towards pain and sufferings, mental and physical shock,
hardship, inconvenience and discomfort and loss of
amenities in life on account of permanent disability. In the
case of Master Mallikarjun (supra) the accident has
taken place in the year 2006 and accident in the present
case is taken place in the year 2019. Therefore, the
appellants - claimants are entitled to escalation at 10%.
Therefore, the appellants - claimants are entitled to
Rs.3,00,000/- + 30,000 (10%) = Rs.3,30,000/- towards
said head. Apart from that the claimants are entitled for
loss of earning of the parents during the period of
hospitalization in a sum of Rs.39,750/- (Rs.13,250/- x 3).
Apart from that the claimants are entitled to medical
expenses respectively.
20. In view of the above, the appellants - claimants
are entitled to compensation as under:-
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HC-KAR AND MFA.No.201058/2022
IN MFA.NO.200977/2022 :-
Sl. Heads of Compensation
No. compensation awarded by this Court
1 Pain and suffering etc., Rs.3,30,000/-
2 Loss of earning of the Rs.39,750/-
parents during the period
of hospitalization
3 Medical Expenses Rs.1,82,366/-
Total Rs.5,52,116/-
IN MFA.NO.200984/2022 :-
Sl. Heads of Compensation
No. compensation awarded by this Court
1 Pain and suffering etc., Rs.3,30,000/-
2 Loss of earning of the Rs.39,750/-
parents during the period
of hospitalization
3 Medical Expenses Rs.95,981/-
Total Rs.4,65,731/-
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HC-KAR AND MFA.No.201058/2022
IN MFA.NO.201058/2022 :-
Sl. Heads of Compensation
No. compensation awarded by this Court
1 Pain and suffering etc., Rs.3,30,000/-
2 Loss of earning of the Rs.39,750/-
parents during the period
of hospitalization
3 Medical Expenses Rs.40,111/-
Total Rs.4,09,861/-
21. The appellant - claimant IN
MFA.No.200977/2022 is entitled to total compensation of
Rs.5,52,116/- as against Rs.3,03,866/- as awarded by the
Tribunal.
22. The appellant - claimant IN
MFA.No.200984/2022 is entitled to total compensation of
Rs.4,65,731/- as against Rs.2,15,981/- as awarded by the
Tribunal.
23. The appellant - claimant IN
MFA.No.201058/2022 is entitled to total compensation of
Rs.4,09,861/- as against Rs.1,53,111/- as awarded by the
Tribunal.
24. In view of the above, the following;
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HC-KAR AND MFA.No.201058/2022
ORDER
I. All the appeals are allowed in part.
II. The appellant - claimant in MFA.No.200980/2022 is
entitled to total compensation of Rs.6,31,246/- with
interest at the rate of 6% p.a. from the date of
petition till its realization.
III. The appellant - claimant in MFA.No.200977/.2022 is
entitled to total compensation of Rs.5,52,116/- with
interest at the rate of 6% p.a. from the date of
petition till its realization.
IV. The appellant - claimant in MFA.No.200984/.2022 is
entitled to total compensation of Rs.4,65,731/- with
interest at the rate of 6% p.a. from the date of
petition till its realization.
V. The appellant - claimant in MFA.No.201058/.2022 is
entitled to total compensation of Rs.4,09,861/- with
interest at the rate of 6% p.a. from the date of
petition till its realization.
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HC-KAR AND MFA.No.201058/2022
VI. Respondent No.2 - insurance company shall pay the
award amount with interest in all the appeals and
deposit the same before the Tribunal within a period
of 08 weeks from this day, failing which it is liable to
pay interest at the rate of 9% p.a.
VII. The appellant - claimant in MFA.No.200980/2022 is
entitled to release of entire compensation amount.
VIII. The appellants - claimants in MFA.No.200984/2022
and in MFA.No.201058/2022 have attained the age
of majority and therefore, they are entitled to release
of entire compensation amount.
IX. The appellant - claimant in MFA.No.200977/2022 is
still a minor and the order of deposit passed by the
Tribunal is remained unaltered.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KJJ
CT:VK
