Karnataka High Court
B. Prahlad vs Kanteppa And Anr on 24 November, 2025
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NC: 2025:KHC-K:7117
MFA No. 201006 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO.201006 OF 2023 (MV-I)
BETWEEN:
B. PRAHLAD S/O JAYAPPA KATTIMANI,
AGED ABOUT 42 YEARS,
OCC: PRACTICING ADVOCATE,
R/O. H.NO.9-5-443, MILNID NAGAR,
CHIDRI ROAD, BIDAR-585 401.
...APPELLANT
(BY SRI. SANTOSH BIRADAR, ADVOCATE)
AND:
Digitally signed 1. KANTEPPA S/O SURYAPPA,
by SUMITRA AGE: 56 YEARS, OCC: BUSINESS,
SHERIGAR R/O. VILLAGE CHILLARAGI-585 403,
Location: HIGH TQ. AND DIST. BIDAR.
COURT OF
KARNATAKA 2. THE BRANCH MANAGER,
NATIONAL INSURANCE CO. LTD.,
VEERABHADRESHWAR CHAMBER,
DOOR NO. 8-10-135/1 AND 1-A,
OPP. NEHRU STADIUM,
BIDAR-585 401.
...RESPONDENTS
(BY SRI. SUDARSHAN M., ADV. FOR R2;
V/O DTD. 19.09.2025, NOTICE TO R1 IS DISPENSED WITH)
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NC: 2025:KHC-K:7117
MFA No. 201006 of 2023
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE
APPEAL, MODIFY THE IMPUGNED JUDGMENT AND AWARD
DATED 10.11.2022 PASSED BY THE COURT OF THE ADDL.
SENIOR CIVIL JUDGE AND JMFC BIDAR AND MOTOR ACCIDENT
CLAIMS TRIBUNAL AT BIDAR, IN MVC NO.33/2021, AND
ENHANCE THE COMPENSATION AS PRAYED FOR.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. This appeal is filed by the claimant against the
Judgment and award dated 10.11.2022 passed in MVC
No.33/2021 by the Additional Senior Civil Judge and JMFC,
Bidar and MACT, Bidar, (for short 'the tribunal') seeking
enhancement of the compensation.
2. The claimant aged 40 years met with accident on
28.12.2016 and suffered grievous injuries. He filed claim
petition seeking compensation of Rs.25,20,000/- before the
tribunal. The tribunal after considering the entire evidence on
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record, awarded a sum of Rs.3,63,692/- 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 the claimant has preferred the present appeal seeking
enhancement of the compensation.
3. In the present appeal it is contended that, though
the Doctor has assessed the disability at 30%, the tribunal
has taken only 8%. Though the claimant has stated that, he
was earning a sum of Rs.40,000/-, the tribunal has taken
only Rs.9,000/- per month. The claimant has incurred a sum
of Rs.4,50,000/- towards medical expenses, but a sum of
Rs.1,26,092/- is awarded under the said head. Further it is
also stated that, the amounts granted under the other heads
are also meager and thus, requested for enhancement of the
compensation.
4. Though the claimant is an Advocate, has not
produced any document to show his income. Hence, the
tribunal has taken judicial notice of the income under the
NEREGA scheme introduced by Central Government, at
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Rs.9,000/- per month. At the time of the accident, the
claimant was aged 40 years. Hence, the multiplier is taken
as '15'. As per Ex.P.6 - wound certificate the claimant
sustained fracture of right clavicle, hemorrhage contusion in
left temporal lobe with other simple injuries. As per the
evidence of P.W.2 and the disability certificate at Ex.P.16,
the claimant sustained fracture of right clavicle with
implants. The doctor has stated that, the claimant has
inability to do his daily activities, weight bearing, and daily
routine works etc., with right upper limb and assessed the
percentage of partial disability at 30% to the affected limbs
and 15% to the whole body. The discharge summary is
marked at Ex.P.8. He was admitted in the hospital on
28.12.2018 and discharged on 01.01.2019. He was
diagnosed as right temoporo-parietal fracture, clavicle
fracture, temporal EDH and left temporal contusion. He was
again admitted in another hospital on 01.01.2019 and on the
same day i.e. on 01.01.2019 underwent surgery and later
discharged on 03.01.2019.
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5. Considering the nature of injuries sustained by
the claimant this Court finds it reasonable to assess the
whole body disability at 15%. Hence, the loss of future
earning capacity is as under:
Rs.9,000/- X 12 X 15 X 15% = Rs.2,43,000/-.
6. Ex.P.11 is the medical bills for a sum of
Rs.1,26,092/-. The tribunal has awarded the said amount
and it needs no interference. The claimant was hospitalized
for a total period of seven days. Considering the age, nature
of injuries, period of hospitalization, this Court finds it
reasonable to award a sum of Rs.75,000/- towards pain and
sufferings, Rs.40,000/- towards loss of amenities,
Rs.30,000/- towards transportation, extra nourishment and
attendant charges. The claimant might have not attended
any other work for at least four months. Hence, a sum of
Rs.36,000/- (Rs.9,000/- X 4 months) is awarded towards
loss of income during laid up period. Further, it is stated
that, the claimant has been operated and fixed implant for
which he requires another surgery for removal of implant,
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etc., hence, Rs.40,000/- is awarded towards future medical
expenses for removal of implants. Hence, the total
compensation is as under:
Sl.No. Heads of compensation Amount
1 Loss of earning capacity Rs.2,43,000/-
2 Medical expenses Rs.1,26,092/-
3 Pain and suffering Rs.75,000/-
4 Loss of amenities Rs.40,000/-
5 Transportation, extra Rs.30,000/-
nourishment and attendant
charges
6 Loss of income during laid up Rs.36,000/-
period
7 Future medical expenses Rs.40,000/-
Total Rs.5,90,092/-
7. Learned counsel for the Insurance company
submits that the amount awarded by the tribunal has been
deposited before the tribunal along with interest.
8. Accordingly, the following:
ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitled to total
compensation of Rs.5,90,092/- along with interest
at the rate of 6% per annum from the date of
petition till the date of realization as against
Rs.3,63,692/-;
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(iii) The respondent No.2 is directed to
deposit the enhanced compensation of
Rs.2,26,400/- along with interest within one month
from the date of this order;
(iv) The claimant is permitted to withdraw
the entire enhanced compensation amount along
with interest accrued thereon.
sd/-
(P SREE SUDHA)
JUDGE
SVH
