Karnataka High Court
Prem S/O Suresh Pawar vs Santosh And Anr on 4 November, 2025
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NC: 2025:KHC-K:6513
MFA No. 200209 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 200209 OF 2022 (MV-I)
BETWEEN:
PREM S/O. SURESH PAWAR,
AGE 25 YEARS, OCC.AGRICULTURE & COOLIE,
R/O INGALESHWAR,
NOW: C/O: VIJAY D. PAWAR,
YASMIN MANZIL,
NEAR SHANMUKHASWAMI MATH,
GOLGUMBAZ ROAD, VIJAYAPURA-586101.
...APPELLANT
(BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)
Digitally signed AND:
by SUMITRA
SHERIGAR
1. SRI SANTOSH S/O. LALAPPA CHAVAN,
Location: HIGH
COURT OF AGE 41 YEARS, OCC. AGRICULTURE,
KARNATAKA R/O RUDAGI, TQ. MUDDEBIHAL,
DIST. VIJAYAPURA-586212.
2. THE DIVISIONAL MANAGER
THE UNITED INDIA INSURANCE COMPANY LTD.,
S.S.FRONT ROAD, SANGAM BUILDING,
VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI MANVENDRA REDDY, ADV. FOR R2;
V/O. DTD 24.02.2022, NOTICE TO R1 D/W)
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MFA No. 200209 of 2022
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
A) CALL FOR THE RECORDS B) TO MODIFY THE JUDGMENT
AND AWARD DATED 08.11.2021 PASSED IN MVC NO.
1771/2015 ON THE FILE OF THE COURT OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS
TRIBUNAL NO. VII VIJAYAPURA. AND ALLOW THIS APPEAL BY
ENHANCING THE COMPENSATION AMOUNT BY RS. 11,84,353/-
ONLY AS CLAIMED BY THE APPELLANT.
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. A common award is passed in MVC
No.1770/2015 and MVC No.1771/2015 on 08.11.2021 by
the II Additional Senior Civil Judge and MACT VII,
Vijayapura, (for short 'the tribunal').
2. The present appeal is filed against the award of
the tribunal passed in MVC No.1771/2015. The injured
claimant filed claim petition seeking compensation of
Rs.12,00,000/-. The tribunal considering the entire
evidence on record, awarded a sum of Rs.15,647/-.
Aggrieved by the said order this appeal is preferred in
which it is contended that, the claimant sustained grievous
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HC-KAR
injuries, but the tribunal has awarded meager
compensation. P.W.4 assessed the disability as 15% to
20% to the upper limb. He submitted that, the claimant
was earning a sum of Rs.9,000/- per month by doing
agriculture and coolie work. It is submitted that, no
amounts were granted for loss of amenities, loss of income
during laid up period, transportation, extra nourishment
and attendant charges. Hence, he requests for
enhancement of the compensation.
3. The claimant was aged 19 years. He was an
agriculturist and earning a sum of Rs.9,000/- per month.
But he has not produced any income proof. He met with
accident on 02.09.2015. Therefore, as per the guidelines
of the Karnataka State Legal Services Authority, his
income for the year 2015 is to be taken at Rs.8,000/- per
month. He sustained fracture and dislocation of left
shoulder clavicle joint and injuries to face and other parts
of the body as per Ex.P.14-wound certificate. He incurred
a sum of Rs.5,647/- towards medical expenses as per
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HC-KAR
Ex.P.15. He also examined the Doctor as P.W.4. He
assessed the disability at 15% to 20% to the left upper
limb. But in his evidence, he has stated that the claimant
has not suffered fracture and does not need any treatment
except Physiotherapy for the said injury. He further stated
that, the dislocation has been completely
reunited/restored. He was hospitalized for one day. Since
there is no disability, the tribunal has not awarded any
amount under the head loss of income due to disability,
for future medical expenses and for other conventional
heads.
4. Admittedly, the claimant sustained dislocation
of left shoulder clavicle joint and the same is reunited.
Therefore, this Court finds it reasonable to grant a sum of
Rs.5,000/- towards loss of amenities, Rs.10,000/- towards
transportation, extra nourishment and attendant charges
and a sum of Rs.8,000/- for loss of income during laid up
period, apart from the amounts granted by the tribunal i.e.
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HC-KAR
Rs.15,647/-. Hence, the total compensation would be as
under:
Sl.No. Heads of compensation Amounts
1 Loss of amenities Rs.5,000/-
2 Towards transportation, extra Rs.10,000/-
nourishment and attendant
charges
3 Loss of income during laid up Rs.8,000/-
period
4 Medical expenses Rs.15,647/-
Total Rs.38,647/-
5. The compensation amount is enhanced to
Rs.38,647/- from Rs.15,647/- awarded by the tribunal.
6. Learned counsel for the Insurance company
submits that, the amount awarded by the tribunal has
been deposited.
7. Accordingly, the following order:
ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitled for total
compensation of Rs.38,647/- along with interest
at the rate of 6% per annum from the date of
petition till the date of realization;
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HC-KAR
(iii) The respondent No.2 is directed to
deposit the enhanced compensation of
Rs.23,000/- along with interest within a period of
one month from the date of this order;
(iv) On such deposit the claimant is
permitted with withdraw the entire amount along
with accrued interest thereon.
Sd/-
(P SREE SUDHA)
JUDGE
SVH
