Karnataka High Court
Siddarudha @ Siddanna vs Shamayya And Anr on 10 July, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
-1-
NC: 2025:KHC-K:3809
MFA No. 202511 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
MISCL. FIRST APPEAL NO. 202511 OF 2019 (MV-I)
BETWEEN:
SIDDARUDHA @ SIDDANNA
S/O BASAVARAJ BELAMAGI,
AGE: 35 YEARS,
OCC: DRIVER (NOW NIL),
R/O: HATGUNDA VILLAGE,
KALABURAGI TQ AND DISTRICT
...APPELLANT
(BY SRI.B.V.JALDE, ADVOCATE)
AND:
1. SHARNAYYA
S/O HASLAYYA KALAL (EELIGER),
AGE: MAJOR,
Digitally signed OCC: AGRICULTURE,
by RAMESH R/O: IMADAPUR GRAMA,
MATHAPATI
TQ: SEDAM,
Location: HIGH DISTRICT: KALABURAGI.
COURT OF
KARNATAKA
2. THE DIVISIONAL MANAGER
IFFCO-TOKIO GENERAL
INSURANCE COMPANY LIMITED,
ASIAN ARCADE,
NEAR ANAND HOTEL,
S.B. TEMPLE ROAD,
KALABURAGI-585 102.
...RESPONDENTS
(BY SRI. S.S.ASPALLI, ADVOCATE FOR R2;
V/O/DATED 19.01.2021, NOTICE TO
R.1 IS DISPENSED WITH)
-2-
NC: 2025:KHC-K:3809
MFA No. 202511 of 2019
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO ALLOW THE APPEAL AND MODIFIED THE JUDGMENT
AND AWARD DATED 04.07.2019 IN MVC NO.891/2013 ON THE FILE
OF PRL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI AND
ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL IS COMING ON FOR FINAL HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Challenging judgment and award dated 04.07.2019
passed by Principal Senior Civil Judge and MACT, Kalaburagi,
(for short, 'Tribunal') in MVC no.891/2013, this appeal is filed.
2. Sri B.V.Jalde, learned counsel for the appellant
submitted, appeal was by claimant for enhancement of
compensation. It was submitted, on 25.05.2013, when claimant
was driving DCM vehicle bearing registration no.MH-12/TR-PEY
818 to unload pepsi bottles, driver of Tractor-trailer bearing
registration no.KA-32/TA-776-777 drove it in a rash and
negligent manner and dashed against claimant's vehicle near
Betagere (K) gate, Kamalavati Bridge, causing accident. In said
accident, claimant sustained grevious injuries and was admitted
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HC-KAR
to hospital. Despite treatment, he did not recover fully leading
to loss of earning capacity. Therefore, he filed claim petition
under Section 166 of MV Act against owner and insurer of
Tractor-trailer.
3. On service of notice, owner and Insurer appeared
through counsel, opposed claim petition on all grounds and
denied averments made in claim petition including denying
negligence by driver of insured vehicle and alleging
contributory negligence against claimant.
4. Based on pleadings, tribunal framed issues and
recorded evidence. Claimant examined himself and Dr.Kishore
Mengaji, as PWs.1 and 2. Exhibits P.1 to P.24 were got marked.
Official of Insurance company was examined as RW.1 and got
marked Exhibits R1 to R4.
5. On consideration, Tribunal held accident was due to
rash and negligent driving of insured vehicle by its driver and
claimant had sustained permanent physical disability leading to
loss of earning capacity and entitled for compensation from
Insurer as follows:
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HC-KAR
1 Towards Pain suffering Rs.25,000/-
2 Towards Medical Expense Rs.29,935/-
3 Towards Diet and attendant charges Rs.22,000/-
4 Towards loss of income during laid- Rs.14,000/-
up period
5 Towards loss of future earnings Rs.94,080/-
6 Towards loss of Amenities Rs.10,000/-
TOTAL: Rs.1,95,015/-
Total rounded off Rs.1,95,000/-
Dissatisfied with award, claimant is in appeal.
6. It was submitted, claimant sustained fracture of
right tibia. Tribunal has awarded only Rs.25,000/- towards 'pain
and suffering' which is on lower side. It was submitted, even
award of Rs.22,000/- towards diet and attendant charges for
in-patient treatment for 30 days was on lower side. It was
submitted, claimant has stated that he was working as driver,
earning Rs.9,000/- per month and Rs.2 Lakhs per annum from
agriculture. But Tribunal considered his monthly income
notionally at Rs.7,000/-, which was also on lower side, even
when avocation was substantiated by production of Driving
Licence as Ex.P24. It was further submitted, claimant had
sustained permanent physical disability of 19% as assessed by
PW.2. However, tribunal considered functional disability at 7%,
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which was on lower side. It was also submitted, Rs.10,000/-
awarded towards loss of amenities and Rs.14,000/- towards
loss of income during laid-up period were inadequate and
sought for enhancement.
7. On other hand, Sri S.S. Aspalli, learned counsel for
Insurer opposed appeal. It was submitted, even as per claimant
himself, his income is Rs.9,000/- per month. Therefore,
Tribunal was not justified in taking income at Rs.7,000/- per
month. Thus, there was no scope for enhancement.
8. Heard learned counsel and perused impugned
judgment and award.
9. From above and since it is claimant's appeal for
enhancement, point that would arise for consideration is:
"Whether claimant is entitled for enhancement of
compensation as sought for?"
Same is answered partly in affirmative for following:
REASONS
10. Insofar as monthly income, though claimant stated,
he was aged 32 years of age and working as driver and earning
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Rs.9,000/- per month and Rs.2 Lakhs per annum from
agriculture, there is no specific evidence about income.
However, Ex.P24 substantiated his avocation as driver. In fact,
accident was occurred while he was driving vehicle.
11. Perusal of Ex.P24 would reveal that claimant was
having valid driving licence to drive heavy passenger vehicle,
heavy transport vehicle apart from light motor vehicle, valid as
on date of accident.
12. This Court in MFA no.201173/2021, determined
monthly income of driver of transport vehicle at Rs.20,000/-.
Same has to be considered as monthly income. As per Ex.P12-
wound certificate, Ex.P18-discharge summary and Ex.P19-
disability certificate, claimant sustained fracture of right tibia.
Tribunal awarded Rs.25,000/- towards 'pain and suffering'
which appears just and proper.
13. Likewise, there is award of Rs.29,935/- towards
medical expenses against bills produced. Since there is
complete reimbursement, there is no scope for enhancement.
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HC-KAR
14. Tribunal awarded Rs.14,000/- towards loss of
income during treatment. Normally, fractures take three
months to heal. Therefore, claimant would be entitled for
Rs.60,000/- (Rs.20,000*3) towards loss of income during laid-
up period. For in-patient treatment period of 32 days, award of
Rs.22,000/- would not be justified and it would be appropriate
to enhance same at Rs.30,000/-.
15. In his deposition, though PW.2 assessed permanent
physical disability of claimant at 19% to limb, Tribunal
considered functional disability at 7%. Taking note of fact that
there is terminal restriction of movement of right knee and
occupation of claimant as driver of heavy motor vehicle,
assessment of functional disability at 7% would be on lower
side. It is found just and appropriate to 10%. Tribunal
applied appropriate multiplier of 16. Thus, compensation
towards future loss of income would be Rs.3,84,000/-
(Rs.20,000/- x 10% x 12 x 16).
16. Considering age, occupation and disability sustained
by claimant, Rs.10,000/- awarded towards loss of amenities
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would be on lower side and same is enhanced to Rs.30,000/-.
Thus, compensation is recomputed as under:
1 Towards Pain suffering Rs.25,000/-
2 Towards Medical Expense Rs.29,935/-
3 Towards Diet and attendant charges Rs.30,000/-
4 Towards loss of income during laid- Rs.60,000/-
up period
5 Towards loss of future earnings Rs.3,84,000/-
6 Towards loss of Amenities Rs.30,000/-
TOTAL Rs.5,58,935/-
17. Point for consideration is answered partly in
affirmative. Consequently, following:
ORDER
i. Appeal is allowed in part;
ii. Judgment and award dated 04.07.2019 passed
by Principal Senior Civil Judge and MACT,
Kalaburagi, in MVC no.891/2013 is modified.
iii. Claimant is entitled for total compensation of
Rs.5,58,935/- as against Rs.1,95,000/-
awarded by Tribunal with interest at rate of
6% per annum from date of claim petition
till realization.
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iv. Insurer is held liable to pay same and is
directed to deposit same with interest before
Tribunal within six weeks.
v. Conditions imposed by Tribunal about deposit
and release would apply to enhanced
compensation proportionately.
Sd/-
(RAVI V HOSMANI)
JUDGE
AV
