Karnataka High Court
Ranjit vs Malkanna And Ors on 25 November, 2025
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NC: 2025:KHC-K:7154
MFA No. 201226 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 201226 OF 2024 (MV-I)
BETWEEN:
RANJIT
S/O. RAMESH MALI,
AGE 31 YEARS, OCC. MASON NOW NIL,
R/O NO. 4-2-45, SHARAN NAGAR,
ALAND,TQ. AND DIST. KALABURAGI-585 102.
...APPELLANT
(BY SRI. NARESH V KULKARNI, ADVOCATE)
AND:
1. MALKANNA
S/O. GURAPPA MAINDARGI,
Digitally signed AGE 42 YEARS, OCC.BUSINESS AND OWNER OF
by SUMITRA HERO HONDA SPLENDOR PLUS MOTORCYCLE,
SHERIGAR BEARING ENGINEE NO. HAIOAGJ3E18251 AND
CHASSIS NO. MBLHAR072J5E33
Location: HIGH
R/O VILLAGE MADAN HIPARGA,
COURT OF
KARNATAKA TQ. ALAND, DIST. KALABURAGI-585 102.
2. ORIENTAL INSURANCE CO. LTD.,
D.O. 442, WEST MANGALWAR PETH,
OPP TELEPHONE BHAVAN, SOLAPUR,
THROUGH ITS DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO. LTD.,
OPP D.C.OFFICE, MAIN ROAD,
KALABURAGI-585 102.
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MFA No. 201226 of 2024
HC-KAR
3. MOHAMMED ZAVID
S/O. IBRAHIM MEHTAR,
AGE MAJOR, ABOUT 34 YEARS,
OCC. BUSINESS AND OWNER OF MOTORCYCLE
BEARING REG NO. KA-32, EF-4135,
R/O 3-3-40, KHAJI GALLI AT ALAND,
TQ. ALAND, DIST. KALABURAGI-585 102.
4. IFFCO TOKIO GENERAL INSURANCE CO. LTD.,
ASIAN ARCADE, NEAR ANAND HOTEL,
S.B. TEMPLE ROAD, KALABURAGI-585 102.
...RESPONDENTS
(BY SRI SANJAY M. JOSHI, ADV. FOR R2;
SRI SUDARSHAN M. ADV. FOR R4;
V/O DTD 22.01.2025, NOTICE TO R1 & R3 DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THE APPEAL BY MODIFYING THE IMPUGNED JUDGMENT
AND AWARD DATED 06.01.2023 PASSED BY THE SENIOR CIVIL
JUDGE AND MACT-11 AT ALAND IN MVC NO. 1099/2019 AND
CONSEQUENTLY BE PLEASED TO ENHANCE THE
COMPENSATION FROM RS. 2,40,739/- TO RS.12,00,000/-
WITH INTEREST AT 8% PER ANNUM FROM THE DATE OF
PETITION TIL ITS REALIZATION.
THIS APPEAL COMING ON FOR ORDERS, 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 06.01.2023 passed in MVC
No.1099/2019 by the Senior Civil Judge and MACT-11, Aland
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(for short 'the tribunal') seeking enhancement of the
compensation.
2. The claimant aged 27 years met with accident on
10.01.2019 and suffered grievous injuries. He was admitted
to the Hospital and took treatment. Later he filed claim
petition before the tribunal seeking compensation of
Rs.12,00,000/- along with interest at the rate of 12% per
annum from the date of petition till the date of realization.
Considering the entire evidence on record, the tribunal
awarded a sum of Rs.2,40,739/- along with interest at the
rate of 6% per annum from the date of petition till realization
and directed respondent No.2 and 4 - Insurance companies
to deposit the compensation amount in the ratio of 50:50
each, along with interest. Being aggrieved by the said
Judgment and award, the claimant preferred the present
appeal seeking enhancement of the compensation.
3. In the present appeal, it is contended that, the
amounts granted under different heads are meager. The
claimant has examined the Doctor before the tribunal. The
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Doctor has assessed physical impairment of 30% to the right
lower limb and 15% to the whole body. But the tribunal has
erred in considering 1/3rd of 15% i.e. 5% which is on lower
side. Therefore, requested to enhance the compensation
amount.
4. Ex.P.6 is the wound certificate. As per the wound
certificate the claimant sustained crush injury or right foot
and fracture base of right 5th M.C. which is grievous in
nature. Ex.P.7 and Ex.P.8 are the discharge certificates. The
Doctor P.W.2 issued disability certificate marked at Ex.P.11
in which it is observed that, (i) Pain, Tenderness and
Deformity over right front ankle - 10%; post fracture of right
5th metatarsal and base of 2nd, 3rd and 4th metatarsals and
luboid and uniform bones; (ii) restriction of ankle joint
motion, Ltd from 90 degree to 20 degree plantar flexim-
10%; (iii) difficulty in squatting, heavy weight lifting, walking
in sloppy surface etc., and opined that, the claimant is
having physical impairment of 30% to right lower limb and
15% to the whole body.
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5. Learned counsel for the appellant stated that,
considering the injuries sustained by him, the functional
disability is to be taken as 100%. This Court finds it
reasonable to take 1/3rd of 45% disability and it comes to
15%, instead of 5% taken by the tribunal. The tribunal has
rightly taken the income of the claimant as per the chart
prepared by the Legal Services Authority, hence, the same
needs no interference. Since the age of the claimant is 28
years, the multiplier is '17'. Hence, the loss of earning
capacity is as under:
Rs.13,250/- X 12 X 17 X 15% = Rs.4,05,450/-
6. The tribunal has awarded a sum of Rs.65,517/-
towards medical expenses. The same is correct and needs no
interference. The claimant was hospitalized for 16 days.
Considering the occupation, age and nature of injuries
sustained by the claimant this Court finds it reasonable to
award a sum of Rs.50,000/- towards pain and sufferings,
Rs.25,000/- towards loss of amenities and Rs.30,000/-
towards transportation, extra nourishment and attendant
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charges. The claimant might have not attended any other
work for at least four months. Hence, he is entitled to a sum
of Rs.53,000/- (Rs.13,250/- X 4 months) towards loss of
income during laid up period. The total compensation is as
under:
Sl.No. Heads of compensation Amount
1 Loss of earning capacity Rs.4,05,450/-
2 Medical expenses Rs.65,517/-
3 Pain and sufferings Rs.50,000/-
4 Loss of amenities Rs.25,000/-
5 Transportation, extra nourishment Rs.30,000/-
and attendant charges
6 Loss of income during laid up Rs.53,000/-
period
Total Rs.6,28,967/-
7. Learned counsels for the Insurance companies
submit that, the amount awarded by the tribunal has been
deposited before the tribunal.
8. Accordingly, the following order:
ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitled to total
compensation of Rs.6,28,967/- along with interest
at the rate of 6% per annum from the date of
petition till the date of realization;
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(iii) The respondent Nos.2 and 4 - Insurance
companies are directed to deposit the enhanced
compensation of Rs.3,88,868/- in the ratio of 50:50,
within one month from the date of this order;
(iv) On such deposit, the claimant is
permitted to withdraw the entire enhanced
compensation along with interest accrued on it.
sd/-
(P SREE SUDHA)
JUDGE
SVH
