Karnataka High Court
Sunil vs Srishail And Anr on 4 November, 2025
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NC: 2025:KHC-K:6525
MFA No. 202652 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. 202652 OF 2022 (MV-I)
BETWEEN:
SUNIL S/O. KALYANI MAMDAPURE,
AGE 29 YEARS, OCC. AGRICULTURE,
R/O SHIVAJI CHOWK, GADI KHANA,
BASAVAKALYAN DIST. BIDAR.
...APPELLANT
(BY SRI. SHAMBULING S SALE, ADVOCATE)
AND:
1. SRISHAIL
S/O. KALYANI MAMDAPURE,
AGE 39 YEARS, OCC. BUSINESS,
Digitally signed R/O SHIVAJI CHOWK, GADI KHANA,
by SUMITRA BASAVAKALYAN DIST. BIDAR-585401.
SHERIGAR
Location: HIGH
COURT OF 2. THE DIVISIONAL MANAGER
KARNATAKA UNITED INDIA INSURANCE CO.
ITS BRANCH OFFICE AT SHOP NO.9 AND 10,
BIRADAR COMPLEX, NEAR HANUMAN TEMPLE,
TRIPURANT, TQ. BASAVAKALYAN
DIST. BIDAR-585401.
...RESPONDENTS
(BY SRI. MOHD. ABDUL QUAYUM, ADV. FOR R2;
V/O. DATED 11.07.2023, NOTICE TO R1 D/W)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW
THE APPEAL AND MODIFY THE IMPUGNED JUDGMENT AND
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NC: 2025:KHC-K:6525
MFA No. 202652 of 2022
HC-KAR
AWARD DATED 05.02.2020 PASSED BY THE COURT OF SENIOR
CIVIL JUDGE AND ADDL. MACT, BASAVAKALYAN, IN MVC NO.
46/2018, 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 against the Judgment and
award dated 05.02.2020 passed in MVC No.46/2018 by
the Senior Civil Judge and Addl. MACT, Basavakalyan (for
short 'the tribunal') seeking enhancement of the
compensation amount.
2. The claimant met with an accident on
21.08.2017 for which he sustained injuries and took
treatment in the Hospital. He filed claim petition before the
Tribunal seeking compensation of Rs.3,50,000/- along with
interest at the rate of 15% per annum from the date of
petition till the date of realization. The Tribunal, after
considering the entire evidence on record has awarded
compensation of Rs.3,27,080/- along with interest at the
NC: 2025:KHC-K:6525
HC-KAR
rate of 9% per annum from the date of petition till the
date of realization.
3. Being aggrieved by the said judgment and
award, the claimant has preferred the present appeal, in
which it is contended that, the compensation awarded by
the Tribunal is on the lower side; the appellant was a
labour and having sufficient income, but his income was
taken only at Rs.9,000/- per month; the doctor has
assessed the disability at 38% to the whole body, but the
Tribunal has taken the disability only at 12%; the amount
granted under other heads is meager and no amount is
awarded towards future medical expenses. Therefore,
requested for enhancement of the compensation.
4. Heard the arguments of both sides.
5. The appellant has not filed any income proof.
Therefore, as he met with an accident in the year 2017, as
per the guidelines of the Karnataka Sate Legal Services
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HC-KAR
Authority, his notional income is to be taken at
Rs.10,250/- per month.
6. The appellant examined the Doctor as PW.2 and
he assessed the disability at 38% under Ex.P10. The
appellant has sustained tenderness and swelling of over
the left knee joint, comminuted fracture of patella (left),
which is grievous in nature. The Tribunal has taken 1/3rd
of the said disability as 12% instead of 13%. Therefore,
the disability is modified as 13%.
7. The multiplier of '18' adopted by the Tribunal is
just and proper.
8. Thus, the loss of future earnings comes to
Rs.10,250 x 12 x 18 x 13% = Rs.2,87,820/-.
9. The Tribunal has granted Rs.54,800/- towards
medical expenses considering Exs.P12 to P48 and it needs
no interference.
10. The appellant was admitted in the hospital for
15 days. Considering the nature of injuries, this Court
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HC-KAR
finds it reasonable to grant an amount of Rs.50,000/- for
pain and suffering, Rs.25,000/- for loss of amenities and
Rs.30,000/- for transportation, extra nourishment and
attendant charges.
11. The appellant might not have attended any
work at least for a period of three months due to the
injuries sustained. Therefore, he entitled for an amount of
Rs.30,750/- (Rs.10,250 x 3) for loss of income during laid
up period.
12. Hence, the appellant is entitled for the modified
compensation under different heads as below:
Pain and suffering Rs.50,000/-
Medical expenses Rs.54,800/-
Loss of future earnings Rs.2,87,820/-
Transportation, extra nourishment, Rs.30,000/-
and attendant charges
Loss of income during laid up period Rs.30,750/-
Loss of amenities Rs.25,000/-
Total Rs.4,78,370/-
Less: awarded by Tribunal Rs.3,27,080/-
Enhancement Rs.1,51,290/-
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HC-KAR
Thus, the appellant is entitled for enhanced
compensation of Rs.1,51,290/- with interest at 6% per
annum and therefore, the appeal deserves to be allowed in
part.
13. In the result, the following order is passed:
(i) Appeal is allowed in part.
(ii) The appellant/claimant is entitled for the
enhanced compensation of Rs.1,51,290/- with interest at
6% per annum from the date of petition till the date of
realisation .
(iii) Respondent No.2-Insurance Company is
directed to deposit the aforesaid compensation amount
within one month from the date of this judgment.
(iv) On such deposit, the appellant is permitted to
withdraw the entire amount along with interest accrued
on it.
sd/-
(P SREE SUDHA)
JUDGE
SVH, LG
