Karnataka High Court
The Branch Manager, The Iffco- Tokio ... vs Maruti Devala Lokhade And Ors on 30 June, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2025:KHC-K:3490
MFA No. 200066 of 2022
C/W MFA No. 201303 of 2021
MFA No. 201347 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
MISCL. FIRST APPEAL NO. 200066 OF 2022 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 201303 OF 2021
MISCL. FIRST APPEAL NO. 201347 OF 2021
IN M.F.A.NO.200066/2022
BETWEEN:
RACHAPPA SHETTEPPA @
SATYAPPA GADADE
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O: SIDDAPUR,
TQ: AND DIST: VIJAYAPURA - 586 101.
...APPELLANT
(BY SRI SANGANABASAVA B.PATIL, ADVOCATE)
AND:
Digitally signed
by NIJAMUDDIN
JAMKHANDI 1. CHANDRAKANT BHIMSEN MANE,
Location: HIGH AGE: 46 YEARS, OCC: BUSINESS,
COURT OF
KARNATAKA R/O: KATEWADI, TQ: JATH,
SANGLI DIST. (MAHARASHTRA) - 416 404.
2. THE BRANCH MANAGER,
IFFCO TOKIO GENERAL INSURANCE CO. LTD.,
ASIAN AREA, OPPOSITE SYNDICATE BANK,
NEAR ANAND HOTEL, S.B. TEMPLE ROAD,
KALABURAGI - 585 105.
POLICY NO.12N FD AH2
VALID FROM 18.03.2014 TO 17.03.2015.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
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MFA No. 200066 of 2022
C/W MFA No. 201303 of 2021
MFA No. 201347 of 2021
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD
PASSED BY THE COURT OF THE MOTOR ACCIDENT CLAIMS
TRIBUNAL NO.XV, VIJAYAPURA AT: VIJAYAPURA IN
M.V.C.NO.1983/2014 DATED 13.11.2020 AND BE PLEASED TO
ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED
FAR BY THE APPELLANT.
IN M.F.A.NO.201303/2021
BETWEEN:
THE BRANCH MANAGER,
THE IFFCO-TOKIO GENERAL
INSURANCE COMPANY LTD.,
ASIAN ARCADE, NEAR ANAND HOTEL,
S.B.TEMPLE ROAD, KALABURAGI.
...APPELLANT
(BY SRI SUBHASH MALLAPUR, ADVOCATE)
AND:
1. RACHAPPA SHETTEPPA @
SATYAPPA GADADE
AGE: 56 YEARS,
OCC: AGRICULTURE,
R/O: SIDDAPUR,
TQ: AND DIST: VIJAYAPURA - 586 101.
2. CHANDRAKANT BHIMSEN MANE,
AGE: 47 YEARS, OCC: BUSINESS,
R/O: KATEWADI, JATH TQ.,
SANGLI DIST.,
(MAHARASHTRA) - 416 404.
...RESPONDENTS
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THE ABOVE APPEAL AND
CONSEQUENTLY BE PLEASED TO SET ASIDE THE JUDGMENT AND
AWARD DATED 13.11.2020 IN M.V.C.NO.1983/2014 PASSED BY THE
MEMBER M.A.C.T.,-XV, VIJAYAPURA.
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MFA No. 200066 of 2022
C/W MFA No. 201303 of 2021
MFA No. 201347 of 2021
HC-KAR
IN M.F.A.NO.201347/2021
BETWEEN:
THE BRANCH MANAGER,
THE IFFCO-TOKIO GENERAL
INSURANCE COMPANY LTD.,
ASIAN ARCADE, NEAR ANAND HOTEL,
S.B.TEMPLE ROAD, KALABURAGI.
...APPELLANT
(BY SRI SUBHASH MALLAPUR, ADVOCATE)
AND:
1. MARUTI DEVALA LOKHADE
AGE: 76 YEARS, OCC: NIL
2. MUTKABAI
W/O SOMANNA LOKHADE,
AGE: 51 YEARS, OCC: HOUSEHOLD WORK,
3. BHAGAPPA SOMANNA LOKHADE,
AGE: 27 YEARS, OCC: NIL,
ALL R/O SHIRANAL VILLAGE
TQ. AND DIST. VIJAYAPUR-586101
4. CHANDRAKANT BHIMSEN MANE,
AGE: 47 YEARS, OCC: BUSINESS,
R/O: KATEWADI, JATH TQ.,
SANGLI DIST., (MAHARASHTRA) - 416 404.
...RESPONDENTS
(R1 TO R3 SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THE ABOVE APPEAL AND
CONSEQUENTLY BE PLEASED TO SET ASIDE THE JUDGMENT AND
AWARD DATED 13.11.2020 PASSED BY THE MEMBER, M.A.C.T.,-XV,
VIJAYAPURA, IN MVC NO.1982/2014.
THESE MFA'S, 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. 200066 of 2022
C/W MFA No. 201303 of 2021
MFA No. 201347 of 2021
HC-KAR
ORAL JUDGMENT
Though appeals are listed for orders, with consent of
learned counsel for parties, they are taken up for final disposal.
2. Challenging judgment and award dated 13.11.2020
passed by Motor Accident Claims Tribunal no.XV, Vijayapura,
(for short, 'Tribunal') in MVCs no.1982 and 1983 of 2014, these
appeals are filed by insurer as well as claimant. While MFAs
no.201303/2021 and 201347/2021 are filed by insurer, MFA
no.200066/2022 is filed by claimant.
3. Sri Sanganabasava B.Patil, learned counsel
submitted, appeal was by claimant for enhancement of
compensation. It was submitted, at about 12:00 p.m., on
06.08.2014, when Rachappa and Somanna were riding
motorcycle bearing registration no.MH-10/AZ-0584 from
Tikkundi to Karewadi, driver of tractor bearing registration
no.MH-10/AY-8059 drove it from opposite direction in rash and
negligent manner and dashed against motorcycle causing
accident. In said accident, Somanna died on spot while
Rachappa sustained fractural injuries and was admitted to
Sanjeevani Hospital, Vijayapura and thereafter, to Dr.Shekhar
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HC-KAR
Malve Fracture and Orthopaedic Hospital, Miraj. Despite
treatment, he did not recover fully and sustained permanent
physical disability. Claiming compensation, he filed claim
petition under Section 166 of Motor Vehicles Act against owner
and insurer of tractor.
4. On contest, wherein, claim petition was opposed
denying rash and negligent driving by driver of tractor,
violation of policy conditions by insured as well as denying age,
occupation and income of Rachappa, tribunal framed issues and
recorded evidence. Said claim petition was connected with
claim petition filed by legal representatives of deceased-
Somanna. Present claimant was examined as PW.2 and
Dr.Shekhar Prakash Malve as PW.3 and got marked Exs.P1 to
P19. Respondent-insurer examined its official as RW.1 and got
marked Exs.R1 and R2.
5. On consideration, Tribunal held accident occurred
due to rash and negligent driving of tractor by its driver,
claimant had sustained permanent physical disability and loss
of earning capacity and entitled for compensation from insurer
as follows:
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Sl.No. Heads Amount
1 Injuries, pain and suffering Rs. 30,000/-
2 Medical expenses Rs.2,14,837/-
3 Future medical expenses Rs. 30,000/-
4 Attendant charges Rs. 14,000/-
5 Food, nourishment, special diet Rs. 10,000/-
and conveyance charges
6 Loss of amenities Rs. 10,000/-
7 Future loss of income on account Rs.1,63,800/-
of permanent disability
8 Loss of income during laid-up Rs. 21,000/-
period
Total Rs.4,93,637/-
Rounded off to Rs.4,93,700/-
6. Not satisfied with quantum, claimant has preferred
this appeal. It was submitted, though claimant had stated that
he was earning Rs.10,000/- per month, working as
agriculturist, tribunal assessed his monthly income at
Rs.7,000/- which was on lower side. It was submitted, claimant
sustained Compound Grade-III C fracture of shaft of right
humerus and 8th rib. But, tribunal awarded only Rs.30,000/-
towards pain and suffering. It was further submitted, PW.3 had
assessed disability at 45% to right upper limb however, tribunal
considered functional disability at 15% which was on lower
side. It was submitted, award of Rs.14,000/- towards attendant
charges, Rs.10,000/- towards food, nourishment, special diet
and conveyance charges and Rs.10,000/- towards loss of
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amenities and only Rs.21,000/- towards loss of income during
laid-up period were on lower side and sought enhancement.
7. On other hand, Sri Subhash Mallapur, learned
counsel for insurer opposed appeal. It was submitted tribunal
took note of injuries sustained, disability caused and had
awarded just compensation under various heads and there was
no scope for enhancement. It was submitted, insurer had filed
appeals against award in both claim petitions on ground that
there was delay of two days in filing FIR. It was further
submitted, treatment records in instant case did not bear MLC
endorsement and Motor Vehicle Inspector's report at Ex.P6 did
not indicate any damages sustained by insured vehicle. It was
however, submitted claimant's appeal in MFA no.201676/2021
arising out of MVC no.1982/2014 was allowed on 29.11.2024
thereby confirming liability on insurer. Consequently, insurer's
appeals were rendered infructuous.
8. Heard learned counsel. Perused impugned judgment
and award and records.
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HC-KAR
9. From above and since claimant is seeking
enhancement of compensation while insurer has challenged
award on liability, points that would arise for consideration are:
i. "Whether finding of tribunal on liability calls
for interference?
ii. Whether claimant is entitled for
enhancement of compensation as sought
for?"
Point no.1:
10. Perusal of judgment and award passed by this Court
in MFA no.201676/2021 disposed of on 29.11.2024 would
reveal that claimants' appeal against award in MVC
no.1982/2014 was allowed with liability to pay enhanced
compensation fastened on insurer. Said appeal was disposed
of without insurer's appeal being connected. With this Court
having held insurer liable to pay enhanced compensation also,
insurer's appeals on liability would not survive for
consideration. Point no.1 is therefore, answered in negative.
Point no.2:
11. Though claimant stated that he was earning
Rs.10,000/- per month as agriculturist, same was not
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HC-KAR
substantiated with specific evidence. In absence, tribunal
assessed it notionally. However, notional income for year 2014
being Rs.7,500/-, it was not justified in assessing at
Rs.7,000/-. Rs.7,500/- is determined as monthly income.
Claimant sustained Compound Grade-III fracture of shaft of
right humerus as well as fracture of 8th rib. Award of
Rs.30,000/- towards pain and suffering would be inadequate
and enhanced to Rs.50,000/-. Tribunal awarded Rs.2,14,837/-
towards medical expenses against bills produced in complete
re-imbursement, leaving no scope for enhancement. For
inpatient treatment period of 28 days, tribunal has awarded
Rs.14,000/- towards attendant charges and Rs.10,000/-
towards food, nourishment, special diet and conveyance
charges which appear to be just and proper. Normally,
fractures take three months to heal. Since monthly income is
re-determined, claimant would be entitled for Rs.22,500/-
towards loss of income during laid-up period. Though
enhancement of functional disability is sought, tribunal has
observed that as per Ex.P21-disability certificate, limb disability
is assessed at 45%. PW.3-Doctor has not deposed about nature
of restriction of movement of limb affecting claimant in his
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HC-KAR
agricultural activities. Under such circumstances, assessment of
functional disability at 15% does not appear to be grossly
inadequate. Hence, same is accepted. Computation of loss of
future income would be as follows:
Rs.7,500/- x 15% x 12 x 13 = Rs.1,75,500/-
12. Tribunal has awarded Rs.10,000/- towards loss of
amenities which would be grossly in adequate. Same is
enhanced to Rs.30,000/-. Award of Rs.30,000/- towards future
medical expenses appears to be just and proper and does not
require enhancement. Thus, claimant would be entitled for re-
assessed compensation of Rs.5,46,837/-. Point no.2 is
answered partly in affirmative, as above. Consequently,
following:
ORDER
i. Insurer's appeal in MFAs no.201303/2021 and
201347/2021 are dismissed.
ii. Amount in deposit is ordered to be transmitted
to tribunal for payment.
iii. Claimant's appeal in MFA no.200066/2022 is
allowed in part, judgment and award dated
13.11.2020 passed by Motor Accident Claims
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Tribunal no.XV, Vijayapura, in MVC
no.1983/2014 is modified. Claimant is held
entitled for total compensation of
Rs.5,46,837/- as against Rs.4,93,700/-
awarded by Tribunal with interest at 6% per
annum from date of petition till payment, from
insurer.
iv. Respondent-insurer is directed to deposit
enhanced compensation before Tribunal within
a period of six weeks.
Sd/-
(RAVI V HOSMANI)
JUDGE
NB
Ct: VK
