Karnataka High Court
Mahesh S/O Narayan Chawan vs Prabhakar S/O Madanrao And Anr on 29 July, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC-K:4252-DB
MFA No. 200998 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCL. FIRST APPEAL NO. 200998 OF 2017 (MV-I)
BETWEEN:
MAHESH
S/O. NARAYAN CHAWAN
AGE: 22 YEARS, OCC: STUDENT AND BUSINESS
R/O. RAM NAGAR, KALABURAGI.
...APPELLANT
(BY SRI.B.K HIREMATH, ADVOCATE)
AND:
Digitally signed by
1. PRABHAKAR
BASALINGAPPA S/O. MADANRAO
SHIVARAJ AGE: 40 YEARS, OCC:OWNER OF VEHICLE
DHUTTARGAON
Location: HIGH BEARING REG. NO.KA-32/U-7701,
COURT OF R/O. KAKADE CHOWK, KALABURAGI-585104.
KARNATAKA
2. THE MANAGER,
ICICI LOMBARD GIC LTD.,
KOTHARI COMPLEX, 1ST FLOOR,
COURT ROAD, STATION BAZAR,
KALABURAGI-585102.
...RESPONDENTS
(BY SRI. SUBHASH MALLAPUR, ADV. FOR R2)
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NC: 2025:KHC-K:4252-DB
MFA No. 200998 of 2017
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND
AWARD PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND
MACT AT KALABURAGI IN MVC NO.35/2012 ON DATED
20.02.2017 BY AWARDING A MEAGER AMOUNT OF
RS.1,16,000/- AND ENHANCE THE COMPENSATION AS
CLAIMED IN THE CLAIM PETITION, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
AND
HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.P.SANDESH)
This matter is listed for I.A. orders.
2. We have perused the judgment and award
passed by the Trial Court and having taken note of the
reasoning given by the Trial Court in answering issue No.2
i.e., whether petitioner is entitled for compensation.
While answering issue No.2, it is mentioned that,
admittedly the wound certificate which is marked as Ex.P6
discloses that the injuries of the injured person is simple in
nature and the said fact is also not noted by the Trial
Court. Even in the paragraph No.15 of the judgment,
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HC-KAR
taken note of the scanning report and other reports of
Balawanta Institute of Neurology and Intensive
Traumacare, Solapur submitted by the appellant.
3. As per Ex.P14 - Discharge Card, the appellant
has taken treatment in the above said hospital, but doctor
has not issued any wound certificate. The appellant has
produced the disability certificate which is marked as
Ex.P12. In support of the said document, the petitioner
examined doctor who has issued the disability certificate.
Admittedly the said doctor has not treated the petitioner
and even he has not verified the earlier wound certificate
and there is no specific evidence that the petitioner has
sustained grievous injuries. Therefore, the evidence of
the doctor is also not fully trustworthy to believe the case
of the injured claimant and the same is observed.
4. Having considering all these reasons and also
considering 66 medical bills which amounts to Rs.91,354/,
which was taken into consideration, the Tribunal has
awarded an amount of Rs.25,000/- towards simple injuries
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HC-KAR
as a global compensation. When such being the case, the
Tribunal has considered entire medical bills as well as the
nature of injury i.e., simple injury and rightly awarded
global compensation. Hence, we do not find any grounds
to admit and also it is not a case for re-consideration and
no merits.
5. In view of the above stated reasons and having
considering the material on record, the appeal is hereby
dismissed as devoid of merits.
Sd/-
(H.P.SANDESH)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
THM
JLR
