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Karnataka High Court
Eshwar S/O Prabhu @ Prabhu Rathod vs Mastan Ali A. Pattadar And Anr on 17 December, 2025
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NC: 2025:KHC-K:7863
MFA No. 200530 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 200530 OF 2023 (MV-I)
BETWEEN:
ESHWAR S/O PRABHU @ PRABHU RATHOD
AGE. 26 YEARS, OCC. DRIVER
R/O PASTAPUR VILLAGE
TQ. CHINCHOLI
DIST. KALABURAGI.
...APPELLANT
(BY SRI. SHARANABASAPPA K BABSHETTY, ADVOCATE)
AND:
1. MASTAN ALI A. PATTADAR
S/O ABDUL GANI PATTADAR
AGE. MAJOR,
Digitally signed OCC. OWNER OF THE VEHICLE
by SUMITRA R/O GADIKERSHWAR VILLAGE,
SHERIGAR
TQ. CHINCHOLI, DIST. KALABURAGI
Location: HIGH
COURT OF 2. THE RELIANCE GENERAL INSURANCE CO. LTD.,
KARNATAKA THROUGH THE GENERAL MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD.,
ASIAN PLAZA, SARDAR VALLABAI PATEL CIRCLE
KALABURAGI-585101.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2,
V/O DATED 09.02.2023 NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND
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NC: 2025:KHC-K:7863
MFA No. 200530 of 2023
HC-KAR
AWARD DATED 30/06/2022 PASSED BY THE SENIOR CIVIL
JUDGE AND MACT AT CHINCHOLI, IN MVC NO. 619/2018 AND
ENHANCE THE COMPENSATION AMOUNT AS CLAIMED BY THE
APPELLANT, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
Though this matter has come up for admission, with
consent of learned counsel for parties, it is taken up for
hearing.
2. This appeal is filed against the judgment and award
dated 30.06.2022 passed by the Senior Civil Judge and MACT,
Chincholi, in MVC No.619 of 2018.
3. The injured claimant, aged 22 years, working as a
driver, met with an accident on 24.09.2017, and filed a claim
application claiming compensation of Rs.25,25,000/- with
interest. The Tribunal, considering the entire evidence on
record, granted the compensation of Rs.4,92,600/- with
interest at the rate of 6% per annum from the date of petition
till realisation.
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HC-KAR
4. Aggrieved by the said order, this appeal is preferred
by the appellant-claimant in which it is mainly contended that
he has sustained the grievous injuries. He was earning
Rs.15,000/- per month. The doctor assessed the disability as
51.33%, but the Tribunal has taken only 15% disability and
also granted meager compensation under the other heads.
Thus, requested for enhancement of the compensation.
5. Heard the arguments of both sides.
6. The petitioner-claimant has not filed any proof of
income. As he met with accident in 2017, the Tribunal has
rightly taken his income as Rs.10,250/- per month as per the
chart prepared by Karnataka State Legal Services Authority. He
was aged 22 years at the time of accident and the multiplier is
18.
7. Petitioner examined the doctor as P.W.2. Exhibit P1 is
the wound certificate. As per wound certificate, petitioner
sustained fracture of right femur, fracture of nasal bone,
fracturein head, fracture of clavicle bone and loss of 4 teeth.
P.W.2 observed that there is malunited fracture of right middle
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shaft femur with implant in situ 30% loss 10 degree right hip
flexion abduction are painful limited, there is shortening in
short limp gait, there is malunited fracture of right shaft clavicle
with implant in situ-10% lacks 10% shoulder arm movement is
painful and limited, there is malunited fracture nasal bone and
deep expirations, inspirations - 10% difficult during cold
season, and because of loss of upper three front teeth, the
petitioner is not able to have full bite of food and assessed
disability at 51.33% to the whole body. So, one third of the
same, comes to 17% disability. Therefore, loss of future
earning capacity comes to Rs.3,76,380/- (10,250 x 12 x 18 x
17%). The Tribunal granted Rs.72,000/- towards medical
expenses, which needs no interference. The petitioner was
hospitalized for 20 days. Considering the nature of injuries, his
occupation and other relevant factors, this Court finds it
reasonable to grant Rs.50,000/- for pain and suffering,
Rs.25,000/- for loss of amenities, Rs.30,000/- for
transportation, extra nourishment and attendant charges. The
petitioner might not have attended any other work at least for
a period of 3 months. Therefore, he is entitled for Rs.30,750/-
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HC-KAR
(10,250 x3) under the head loss of income during the laid up
period.
8. P.W.2-doctor, in the disability certificate, has stated
that the petitioner requires two more surgeries for
inflammatory one from right femur and right clavicle and he
has estimated the cost of surgery as Rs.1,00,000/-.
Therefore, this Court finds it reasonable to grant an amount of
Rs.75,000/- for future medical expenses.
9. Thus, in all, the claimant is entitled for the
compensation of Rs.6,59,130/- with interest at 6% per annum
as against Rs.4,92,600/- awarded by the Tribunal.
10. The award of compensation passed by the Tribunal
is modified as under:
Heads Amount in Rs.
1. Loss of future income 3,76,380/-
2. Medical expenses 72,000/-
3. Pain and Suffering 50,000/-
4. Loss of amenities 25,000/-
5. Transportation, extra 30,000/-
nourishment and attendant charges
6. Loss of earning during the laid up 30,750/-
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HC-KAR
period
7. Future medical expenses 75,000/-
Total 6,59,130/-
11. In the result, the following order is passed:
(i) Appeal is allowed in part.
(ii) The petitioner-claimant is entitled for the total
compensation of Rs.6,59,130/- with interest at 6% per annum
from the date of petition till the date of realization.
(iii) The respondent insurance company has already
deposited the awarded amount before the Tribunal, and
therefore, they are directed to deposit the enhanced amount of
Rs.1,66,530/- with interest at 6% per annum within one month
from the date of this order.
(iv) On such deposit, the petitioner-claimant is
permitted to withdraw the entire amount along with the interest
accrued on it.
sd/-
(P SREE SUDHA)
JUDGE
CS
List No.: 1 Sl No.: 60
