Karnataka High Court
The Branch Manager The National ... vs Bharati And Anr on 11 November, 2025
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MFA No. 200114 of 2024
C/W MFA No. 201618 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 200114 OF 2024 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 201618 OF 2024(MV-I)
IN MFA NO.200114/2024;
BETWEEN:
THE BRANCH MANAGER
THE NATIONAL INSURANCE COMPANY LIMITED
1ST FLOOR, HERALAGI BUILDING,
BEHIND SIDDESHWAR TEMPLE,
VIJAYAPURA-586 101.
NOW REPRESENTED BY ITS
AUTHORISED SIGNATORY.
Digitally signed ...APPELLANT
by SUMITRA (BY SRI MOHD ABDUL QUAYUM, ADVOCATE)
SHERIGAR
Location: AND:
HIGH COURT
OF 1. BHARATI
KARNATAKA W/O. BHIMANNA MADAR,
AGE 33 YEARS, OCC. AGRICULTURE,
R/O HALAGUNAKI, TALUKA INDI,
DIST. VIJAYAPURA-586 209.
2. TUKARAM
S/O. MALAPPA MADAR,
AGE 45 YEARS, OCC. BUSINESS,
R/O HALAGUNAKI, TALUKA INDI,
DIST. VIJAYAPURA-586 209.
...RESPONDENTS
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MFA No. 200114 of 2024
C/W MFA No. 201618 of 2024
HC-KAR
(BY SRI SANGANAGOUDA V. BIRADAR, ADV. FOR R1;
V/O. DTDD 20.01.2024, NOTICE TO R2 DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO A)
CALL FOR THE RECORDS IN M.V.C. NO. 1021/2019 BY THE IV
ADDL. DISTRICT AND SESSIONS JUDGE AND MACT XIII
VIJAYAPURA. B) SET ASIDE THE JUDGMENT AND AWARD DATED-
16-09-2023 PASSED IN M.V.C. NO. 1021/2019 BY THE IV ADDL.
DISTRICT AND SESSIONS JUDGE AND MACT XIII VIJAYAPURA
EXONERATING THE APPELLANT OF ITS LIABILITY.
IN MFA NO.201618/2024:
BETWEEN:
BHARATHI
W/O. BHIMANNA MADAR,
AGE 32 YEARS, OCC. AGRICULTURE (NOW NIL),
R/O HALAGUNAKI,
TALUKA INDI, DISTRICT VIJAYAPURA.
...APPELLANT
(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
1. TUKARAM
S/O. MALLAPPA MADAR,
AGE 44 YEARS, OCC. BUSINESS,
R/O HALAGUNAKI, TALUK INDI,
DISTRICT VIJAYAPURA-586 101.
2. THE BRANCH MANAGER
NATIONAL INSURANCE CO. LTD.,
1ST FLOOR, HERALAGI BUILDING,
BEHIND S.S. TEMPLE,
VIJAYAPURA-586 101.
...RESPONDENTS
(BY SRI MOHD ABDUL QUAYUM, ADV. FOR R2;
V/O. DTD. 22.01.2025, NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
ENHANCE THE COMPENSATION AMOUNT PAYABLE TO THE
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MFA No. 200114 of 2024
C/W MFA No. 201618 of 2024
HC-KAR
APPELLANT BY SUITABLY MODIFYING THE JUDGMENT AND
AWARD DATED 16.09.2023 PASSED BY IV ADDL. DISTRICT AND
SESSIONS JUDGE AND MEMBER, MACT-XIII, AT VIJAYAPURA IN
MVC NO. 1021/2019.
THESE APPEALS, COMING ON FOR FURTHER ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. MFA No.200114/2024 is preferred by the
Insurance company on the ground of quantum. MFA
No.201618/2024 is filed by the claimant seeking
enhancement of the compensation. Both the appeals are
preferred against the Judgment and award dated 16.09.2023
passed in MVC No.1021/2019 by the Motor Vehicle Accidents
Claims Tribunal No.XIII, Vijayapura, (for short 'the tribunal').
2. The tribunal after considering the entire evidence
on record awarded a sum of Rs.6,07,120/- along with
interest at the rate of 6% per annum from the date of
petition till the date of realization. Aggrieved by the said
Judgment and award, MFA No.200114/2024 is preferred by
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the Insurance company and MFA No.201618/2024 is
preferred by the claimant.
3. Learned counsel for the Insurance company
mainly contended that, Ex.P.5 is the wound certificate; P.W.2
is the Doctor. The Doctor i.e. P.W.2 issue disability
certificate. As per the disability certificate P.W.2 assessed
20-25% disability to the upper limb. P.W.2 is not a treated
Doctor. Considering the same, the tribunal has erred in
taking 8% disability to the whole body. Apart from that, 40%
of the income is added as future prospects. The tribunal
might not have added 40% towards future prospects as per
the citation in the case of Sidram Vs. The D.M., United
India Insurance Company Limited, [Civil Appeal
No.8510/2022, disposed of on 16.11.2022] and thus,
requested to reassess the quantum and to reduce the same.
So also, the tribunal has awarded future medical expenses
without any basis.
4. Learned counsel for the claimant submits that, as
on the date of the accident the claimant was aged 26 years
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and he was earning a sum of Rs.15,000/- by doing
agriculture work. For the treatment the claimant spent a sum
of Rs.3,00,000/- towards medical expenses. Though the
Doctor assessed the disability to 20 to 25%. But the tribunal
has only taken 8% to the whole body. The tribunal has not
awarded any amount under the head transportation, extra
nourishment and attendant charges and also under other
heads. Further, it is submitted that, the interest has to be
enhanced to 12% from 8% on the compensation amount.
Therefore, learned counsel for the claimant requests to
enhance the compensation.
5. Since the claimant has not produced any income
proof, in view of the guidelines issued by the Karnataka
State Legal Services Authority, the tribunal the income of the
claimant is to be taken at Rs.13,250/- per month as the
accident has occurred in the year 2019. In view of the
citation reported in National Insurance Co. Ltd. vs.
Pranay Sethi reported in (2017) 16 SCC 680, 40% of the
income is to be added. Hence, the income considered by the
tribunal at Rs.18,550/- is correct and needs no interference.
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HC-KAR
The Doctor assessed the disability at 20 - 25% and the
tribunal has taken 8% to the whole body. The same is
correct and the tribunal has awarded a sum of Rs.2,64,681/-
towards medical expenses and they needs no interference.
The claimant was hospitalized for six days. Therefore,
considering the nature of injuries, period of hospitalization,
this Court finds it reasonable to award a sum of Rs.50,000/-
towards pain and suffering, Rs.25,000/- towards loss of
amenities, Rs.30,000/- towards transportation, extra
nourishment and attendant charges. Due to the injuries, the
claimant might not have attended any work for at least three
months. Therefore, this Court finds it reasonable to award a
sum of Rs.30,750/- (Rs.10,250/- X 3 months) towards loss
of income during laid up period. Hence, the total
compensation is under:
Sl.No. Heads of compensation Amount
1 Loss of future income Rs.3,02,736/-
2 Medical expenses Rs.2,64,681/-
3 Pain and suffering Rs.50,000/-
4 Loss of amenities Rs.25,000/-
5 Loss of income during laid up Rs.30,750/-
period
6 Transportation, extra nourishment Rs.30,000/-
and attendant charges
Total Rs.7,03,167/-
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6. Accordingly, the following order:
ORDER
(i) The appeal filed by the Insurance
company in MFA No.200114/2024 is dismissed;
(ii) The appeal filed by the claimant in MFA
No.201618/2024 is allowed in part;
(iii) The claimant is entitled to total
compensation of Rs.7,03,167/- along with interest at
the rate of 6% per annum from the date of petition
till the date of realization;
(iv) The Insurance company is directed to
deposit the enhanced compensation of Rs.96,047/-
along with interest within a period of one month;
(v) On such deposit, the claimant is
permitted to withdraw the entire amount along with
interest accrued thereon.
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HC-KAR
(vi) The amount if any deposited by the
Insurance company shall be transmitted to the
tribunal forthwith.
sd/-
(P SREE SUDHA)
JUDGE
SVH
CT:RJ
