Karnataka High Court

Sharanabasava @ Sharanabasappa vs Alexis C K And Ors on 14 July, 2025

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

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                                                          MFA No. 203499 of 2023


                    HC-KAR




                                IN THE HIGH COURT OF KARNATAKA

                                       KALABURAGI BENCH

                              DATED THIS THE 14TH DAY OF JULY, 2025

                                              BEFORE

                             THE HON'BLE MR. JUSTICE RAVI V HOSMANI


                        MISCL. FIRST APPEAL NO.203499 OF 2023 (MV-I)

                   BETWEEN:

                   SHARANABASAVA @ SHARANABASAPPA
                   AGED ABOUT 29 YEARS,
                   OCC: MASON AT BANGALORE
                   AND AGRICULTURE,
                   R/O KALAMANGI VILLAGE,
                   TQ. SINDANUR,
                   NOW AT BAPUR VILLAGE,
                   TQ. MASKI,
                   DIST. RAICHUR-584132.
                                                                      ...APPELLANT

                   (BY SRI. BASAVARAJ R. MATH, ADVOCATE)

Digitally signed   AND:
by NIJAMUDDIN
JAMKHANDI          1.   ALEXIS C.K. S/O C.C. KURUVILLA,
Location: HIGH          R/O #137, DADDY'S GARDEN,
COURT OF
KARNATAKA               3RD CROSS,
                        KAMMASANDRA MAIN ROAD,
                        HEBAGODI, ELECTRONIC PHASE-2,
                        BENGALURU-560100.
                        DL NO.TN10200780020233

                   2.   HARI PRASATH P.
                        S/O PARTHASARTHY,
                        B2, 1ST FLOOR, N.NO.4, O.NO.43,
                        5TH MAIN STREET,
                        KASTURIBAI NAGAR,
                        ADYAR, CHENNAI-600020.
                        RC HOLDER OF CAR NO.TN.07/BU-8395.
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                                          MFA No. 203499 of 2023


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3.   ETHIRAJULU S/O A. PRABHAKAR,
     OWNER OF CAR NO.TN.07/BU-8395,
     R/O #137, DADDY'S GARDEN,
     3RD CROSS, KAMMASANDRA MAIN ROAD,
     HEBAGODI, ELECTRONIC PHASE-2
     BANGALORE-560100.

     (INSURED AS PER POLICY ISSUED
     RESPONDENT NO.4 & INDEMNITY BOND
     EXECUTOR BEFORE POLICE)

4.   ACKO GENERAL INSURANCE LTD.,
     #36/5, HUSTLEHUB ONE EAST,
     SOMASANDRAPALYA, 27TH MAIN ROAD,
     SECTOR-2, HSR LAYOUT,
     BENGALURU-560102, KARNATAKA

     (POLICY NO.DCP00162594/00
     COVER FROM 00:00 HRS OF 10.07.2019
     TO MIDNIGHT 09.07.2020 23.59 HRS
     INSURER OF TN-07/BU-8395)
                                                       ...RESPONDENTS

(BY SMT.PREETI PATIL MELKUNDI, ADVOCATE R4;
 NOTICE TO R1 TO R3 DISPENSED WITH
 V/O DATED 12.10.2023)


      THIS    MISCELLANEOUS      FIRST   APPEAL   IS    FILED    UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR
THE RECORDS AND ENHANCE THE AWARD AMOUNT BY MODIFYING
THE IMPUGNED JUDGMENT AND AWARD DATED 06.01.2023 PASSED
BY THE SENIOR CIVIL JUDGE AND JMFC AND MACT AT LINGASUGUR,
IN MVC NO.62/2020


      THIS    APPEAL,   COMING    ON     FOR   ORDERS,    THIS    DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:       HON'BLE MR. JUSTICE RAVI V HOSMANI
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                                         MFA No. 203499 of 2023


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                        ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE RAVI V HOSMANI)

Though appeal is listed for orders, with consent of learned

counsel for parties, it is taken up for final disposal.

2. Challenging judgment and award dated 06.01.2023

passed by Senior Civil Judge and JMFC and Motor Accident

Claims Tribunal, Lingasugur, (for short, 'Tribunal') in MVC

no.62/2020, this appeal is filed.

3. Sri Basavaraj R.Math, learned counsel submitted,

appeal was by claimant for enhancement of compensation. It

was submitted, on 18.08.2019, when claimant was riding

pillion, on Bengaluru-Hosur Road, while crossing Guestline

Circle, driver of Car bearing no.TN-07/BU-8395 drove it in rash

and negligent manner and dashed against motorcycle causing

accident. In accident, claimant sustained severe injuries to left

leg and other parts of body. Despite taking treatment, he did

not recover fully and sustained permanent physical disability

and loss of earning capacity. Therefore, claim petition was filed

under Section 166 of Motor Vehicles Act.

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4. Despite service of notice, respondents no.1 to 3 did

not appear. They were placed ex parte. Insurer filed objections

opposing claim petition, alleging that driver of insured vehicle

was not holding licence and there was violation of terms and

conditions of policy. Even claim petition was also opposed on

ground of being excessive and alleging contributory negligence

on part of rider of motorcycle.

5. Based on pleadings, tribunal framed issues and

recorded evidence. Claimant examined himself and

Dr.Mallanagouda as PWs.1 and 2 and Exs.P1 to P41 were

marked. Insurer examined its official as RW.1 and got marked

insurance policy as Ex.R1.

6. On consideration, tribunal held accident occurred

due to rash and negligent driving of Car by its driver, claimant

sustained permanent physical disability and loss of earning

capacity and entitled for compensation from insurer as follows:

  Sl.No.        Heads of Compensation               Amount
     1     Expenditure     of    medical    and    Rs. 8,30,500/-
           treatment
    2      Expenditure of food and nourishment     Rs.   25,000/-
    3      Expenditure of transportation and       Rs.   20,000/-
           attending charges
    4      Loss of earning during the treatment    Rs.   25,000/-

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    5     Loss of future earning on account of   Rs.20,27,250/-
          permanent disability
    6     Future medical expenses                Rs.   50,000/-
    7     Pain and suffering                     Rs.   50,000/-

                                        Total Rs.30,27,750/-

7. Dissatisfied with quantum, claimant is in appeal. It

was firstly submitted, claimant was agriculturist, sustained

amputation of left leg above knee. Though he had stated that

he was aged 29 years and earning Rs.2,50,000/- per annum

from agriculture and Rs.700/- per day from Mason work,

tribunal assessed it at Rs.13,250/- per month. It considered

75% as functional disability, applied multiplier of 17 and

assessed compensation of Rs.20,27,250/- towards loss of

future income. However, while awarding same, it failed to

adhere to ratio laid down by Hon'ble Supreme Court in case of

Mohd.Sabeer @ Shabir Hussain v. Regional Manager,

UPSRTC reported in (2023) 20 SCC 774, insofar as addition

of future prospects to monthly income, in case of personal

injury claims also. It was submitted, award of Rs.50,000/-

towards future medical expenses and only Rs.50,000/- towards

pain and suffering were inadequate which call for enhancement.

Tribunal also failed to award compensation towards loss of

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amenities. It was submitted, even compensation awarded

towards loss of income during laid-up period was on lower side.

Likewise, award of Rs.20,000/- towards transportation and

attendant charges and Rs.25,000/- towards food and

nourishment was also on lower side and sought enhancement.

8. On other hand, Smt.Preeti Patil Melkundi, learned

counsel for insurer opposed appeal. It was submitted, tribunal

had taken note of facts and circumstances and awarded

adequate compensation and same does not call for

enhancement.

9. Heard learned counsel. Perused impugned judgment

and award.

10. From above and since only claimant was in appeal

for enhancement of compensation, point that would arise for

consideration is:

"Whether claimant is entitled for enhancement of compensation as sought for?"

11. In view of above, occurrence of accident, claimant

sustaining permanent physical disability and loss of earning

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capacity and being entitled for compensation from insurer is not

in dispute. Claimant has firstly sought for addition of future

prospects. In view of ratio laid down in Mohd.Sabeer's case

(supra), even in personal injury claims, future prospects are

required to be added to monthly income. Taking note of fact

that claimant was 29 years of age and self-employed, 40% has

to be added. Thus, re-computation of compensation towards

loss of future income would be

(Rs.13,250/- + 40%) X 75% X 12 X 17 = Rs.28,38,150/-

12. Insofar as pain and suffering, treatment records

would indicate amputation of left leg above knee. Hon'ble

Supreme Court in case of Govind Yadav v. New India

Insurance Co. Ltd., reported in 2012 ACJ 28, awarded

Rs.1,50,000/- towards pain and suffering in case of

amputation. Therefore, award of Rs.50,000/- would not be

justified. Claimant is held entitled for Rs.1,50,000/- towards

pain and suffering.

13. Hon'ble Supreme Court in Raj Kumar v. Ajay

Kumar & Anr. reported in (2011) 1 SCC 343, in case of

amputation, awarded Rs.1,50,000/- towards loss of amenities.

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Claimant would be entitled for Rs.1,50,000/- towards loss of

amenities. Since tribunal did not award any compensation

under said head, same is awarded by this Court.

14. Tribunal assessed monthly income at Rs.13,250/-

per month. In case of amputation of lower limb, normally, six

months' period has to be taken as lay off. Therefore, claimant

would be entitled to Rs.79,500/- towards loss of income during

laid-up period. For inpatient period of 51 days, tribunal has

awarded total sum of Rs.45,000/- towards food, nourishment,

transportation and attendant charges which appears to be just

and proper and does not call for interference. Likewise, award

of Rs.8,30,500/- towards medical expenses is against medical

bills produced which would be in complete reimbursement.

Therefore, same does not call for interference.

15. Tribunal has awarded only Rs.50,000/- towards

future medical expenses. In course of cross-examination

suggestion about artificial limb and possibility of attending to

some work with artificial limb is projected. Taking note of

same, tribunal had assessed functional disability at 75%.

However, tribunal has not awarded compensation taking note

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of requirement of artificial limb, its periodical maintenance and

replacement. Therefore, award of Rs.50,000/- on this count

would be inadequate. Same is enhanced to Rs.1,00,000/-.

Thus, claimant is held entitled for re-assessed compensation of

Rs.41,93,150/-.

16. Point for consideration is answered partly in

affirmative. Consequently, following:

ORDER

i. Appeal is allowed in part, judgment and award dated 06.01.2023 passed by Senior Civil Judge and JMFC and Motor Accident Claims Tribunal, Lingasugur, in MVC no.62/2020 is modified. Claimant is held entitled for total compensation of Rs.41,93,150/- as against Rs.30,27,750/- awarded by Tribunal with interest at rate of 6% per annum from date of petition till deposit.

ii. Respondent-insurer to deposit same before tribunal within a period of six weeks.

iii. On deposit, direction issued by tribunal about deposit and release would apply to enhanced compensation also.

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iv. Amount in fixed deposit is ordered to be kept in Postal deposits earning highest rate of interest, initially, for a period of five years.