D Srinivas vs Ifco Tokio
2025 Latest Caselaw 6607 Kant

Karnataka High Court

D Srinivas vs Ifco Tokio on 24 June, 2025

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                                                        NC: 2025:KHC:22147
                                                    MFA No. 9149 of 2018


              HC-KAR



                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 24TH DAY OF JUNE, 2025

                                        BEFORE
                       THE HON'BLE MR JUSTICE C.M. POONACHA
              MISCELLANEOUS FIRST APPEAL NO. 9149 OF 2018 (MV-I)
             BETWEEN:

             D SRINIVAS
             S/O DASAPPA
             MOTHER SMT AKKAMMA
             AGED ABOUT 37 YEARS
             OCC COOLIE WORK,
             R/O HONNUR VILLAGE
             DAVANGERE TQ & DIST -577002
                                                               ...APPELLANT
             (BY SRI. DARSHAN R S, ADVOCATE FOR
                 SRI. SREE HARSHA A K, ADVOCATE)

             AND:

             1.   IFCO TOKIO GEN INS CO LTD
                  REP BY ITS MANAGER,
                  M.B.A.V. MISHIN, 1ST FLOOR
                  3RD CROSS, M G ROAD
Digitally         ON UCO BANK, GENERAL KARYAPPA
signed by         TUMKUR-5721010
NIRMALA
                  REP BY IFFCO TOKIO GEN INS CO LTD.,
DEVI
                  P.C.A.R.D.BANK.NO.7/432,
Location:         K.B.EXTENSION, LAWYER ROAD,
HIGH COURT
OF                DAVANGERE-577002
KARNATAKA
             2.   PARASHURAMAPPA H HUYAPPANAVAR
                  S/O HANUMATHAPPA P HUYAPPANAVAR,
                  AGED ABOUT 29 YEARS
                  DRIVER OF MINI BUS BEARING
                  REG NO.KA-06/D-4769,
                  R/O THIMMANAKATTE POST
                  RANNEBENNUR TALUK
                  HAVERI DISTRICT

             3.   CHINNASWAMY
                                                 -2-
                                                            NC: 2025:KHC:22147
                                                        MFA No. 9149 of 2018


    HC-KAR



         S/O LATE SUBBAPPA
         AGED ABOUT 47 YEARS
         OWNER OF MINI BUS BEARING
         REG NO.KA-06/D-4769
         R/O T.P.BASAVARAJ COMPOUND
         SHANIDEVARA TEMPLE,
         GARDEN ROAD, CHIKKAPETE
         TUMKUR-572101
                                             ...RESPONDENTS
(BY SRI. B C SHIVANNE GOWDA, ADVOCATE FOR R1
 NOTICE TO R2 & R3 ARE DISPENSED WITH V/O DTD 30.11.2022)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 18/06/2018,       PASSED IN MVC
NO.583/2016, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL
JUDGE AND JMFC., AND VI MACT, DAVANAGERE, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION AND ETC.

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

CORAM:           HON'BLE MR JUSTICE C.M. POONACHA

                                   ORAL JUDGMENT

The above appeal is filed by the claimant under Section

173(1) of the Motor Vehicle Act, 19881 challenging the

judgment and award dated 18.06.2018 passed in MVC

No.583/2016 by the II Additional Senior Civil Judge & VI

MACT., Davanagere2 seeking for enhancement of

compensation.

Hereinafter referred as to 'Act'

Hereinafter referred to as the 'Tribunal'

NC: 2025:KHC:22147

HC-KAR

2. The Tribunal by its judgment and award dated

18.06.2018 partly allowed the claim petition and awarded a

total compensation of `1,36,424/- together with interest @ 8%

per annum. Being aggrieved, the claimant has filed the above

appeal seeking for enhancement of compensation.

3. For the sake of convenience, the parties herein are

referred as per their rank before the Tribunal.

4. The findings of the Tribunal on negligence and liability are

not under challenge and have attained finality. Hence, the only

question to be adjudicated in the above appeal is with regard to

the adequacy of compensation awarded by the Tribunal.

5. Heard the submissions of learned counsel

Sri Darshan R.S. for learned counsel Sri Sree Harsha A.K.

appearing for the appellant/claimant and learned counsel Sri

B.C. Shivanne Gowda, learned counsel appearing for the

respondent No.1/insurer. Perused the records of the Tribunal.

6. It is forthcoming that the claimant was aged 36 years as

on the date of the accident. Hence, the Tribunal has applied

the multiplier of '15' which is just and proper.

NC: 2025:KHC:22147

HC-KAR

7. It was averred that the claimant was an Agriculturist by

profession and was earning `15,000/- per month. However, no

records have been produced to demonstrate his income.

Hence, the Tribunal has assessed the income as `8,000/- per

month. However, having regard to the date of the accident, the

notional income of the claimant is re-assessed as `9,500/-.

8. It is evident that from the wound certificate (Ex.P18),

discharge summaries (Exs.P19 to P20), disability certificate

(Ex.P22) and other medical records that the claimant has

sustained injuries on his nose and chest. It is forthcoming from

the discharge card (Ex.P20) that the claimant was treated as an

inpatient from 21.01.2016 to 25.1.2016 i.e., for a total period

of 05 days. It is evident from testimony of Doctor (PW4) that

he has assessed the disability to the extent of 40%. However,

the Tribunal upon a re-appreciation of the medical evidence on

record has assessed the whole body disability at 5% which is

just and proper.

9. In view of the aforementioned, the compensation is re-

assessed as follows:

NC: 2025:KHC:22147

HC-KAR

9.1 Having regard to the nature of injuries sustained and the

period of treatment, the compensation towards pain and

suffering is re-assessed as `30,000/- as against `25,000/-

awarded by the Tribunal.

9.2 Having regard to the nature of injuries sustained, as also

the resultant disability, the compensation towards loss of

amenities is re-assessed as `7,500/- as against `5,000/-

awarded by the Tribunal.

9.3 Having regard to the nature of injuries sustained and the

period of treatment as an inpatient, it is just and proper to

award a sum of `10,000/- towards food, nourishment and

attendant charges as against `5,000/- awarded by the Tribunal.

9.4 The Tribunal has awarded compensation of `13,424/-

towards medical expenses which is as per the actual bills which

is just and proper and rounded off to Rs.13,500/-.

9.5 Loss of income during laid up period is taken as 2

months and hence, the compensation towards the same is re-

assessed as (`9,500 x 2) `19,000/- as against `16,000/-

awarded by the Tribunal.