Karnataka High Court
Chetan vs Santosh And Anr on 4 November, 2025
-1-
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MFA No. 201999 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. 201999 OF 2022 (MV-I)
BETWEEN:
CHETAN S/O. LATE CHANDERKANTH @
CHANDERKANTH KAUSE,
AGED ABOUT 19 YEARS,
OCC.STUDENT AND MILK VENDOR,
R/O BALLUR-J, NOW AT H.NO.18-2-295,
JANATA COLONY, CHIDRI BIDAR - 585401.
...APPELLANT
(BY SRI. SANTOSH BIRADAR, ADVOCATE)
AND:
1. SANTOSH S/O. ARJUN KATKE,
Digitally signed AGED ABOUT 30 YEARS, OCC.BUSINESS,
by SUMITRA R/O H.NO.68, VSSSN JANWADA VILLAGE,
SHERIGAR
TQ. AND DIST. BIDAR-585 401.
Location: HIGH
COURT OF
KARNATAKA 2. THE MANAGER,
IFFCO-TOKIO GENERAL CO. LTD.,
NO.200, 201 UDGIR ROAD,
SHIVNAGAR SOUTH, BIDAR - 585 401.
...RESPONDENTS
(BY SRI. SUBHASH MALLAPUR, ADV. FOR R2;
V/O. DTD 08.02.2024, NOTICE TO R1 D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
ALLOW THE APPEAL AND MODIFY THE IMPUGNED JUDGMENT
AND AWARD DATED 19.01.2022 PASSED BY THE COURT OF
THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AND MACT AT
-2-
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MFA No. 201999 of 2022
HC-KAR
BIDAR IN MVC NO.325/2019, AND ENHANCE THE
COMPENSATION AS PRAYED FOR BY FIXING THE ENTIRE
LIABILITY ON THE 2ND RESPONDENT INSURANCE CO. IN THE
INTEREST OF JUSTICE AND EQUITY.
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 19.01.2022 passed in MVC No.325/2019 by the
II Additional Senior Civil Judge and JMFC, Bidar and MACT,
Bidar (for short 'the tribunal') seeking enhancement of the
compensation.
2. The injured claimant aged 16 years met with
accident on 05.07.2018, filed claim petition before the
tribunal seeking compensation of Rs.13,00,000/-. The
tribunal after considering the entire evidence on record, has
awarded a sum of Rs.6,39,338/- 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 and contended
that, the claimant was pillion rider and he can proceed
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against any of the joint tortfeasors contributed for the
accident, hence finding of the tribunal that both the vehicle
have contributed for the said accident in the ratio of 50:50
and that respondent Nos.1 and 2 are liable to pay 50% of
the compensation amount is to be modified. The claimant
has suffered head injury, but the tribunal has not
appreciated the facts properly and granted meager amounts.
It is also stated that, the amounts granted under other heads
are on lower side and requested for enhancement of the
compensation.
3. Heard the arguments of learned counsels from
both sides and perused the records.
4. The claimant was the pillion rider of motorcycle
bearing registration No.KA-38/U-5688 and met with accident
when the said vehicle dashed against another motorcycle
bearing registration No.KA-38/R-7211. The charge-sheet is
filed against both the vehicles and it was held that, there is
composite negligence of both sides in the ratio of 50:50. The
claimant filed claim petition against the owner and Insurer of
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the motorcycle bearing registration No.KA-38/U-5688 i.e.
respondent Nos.1 and 2. The claimant has not impleaded the
owner and Insurer of the motorcycle bearing registration
No.KA-38/R-7211. The tribunal directed the respondent
Nos.1 and 2 to pay only 50% of the compensation, in fact
the claimant is the pillion rider and he is at liberty to claim
the 100% compensation against any of the joint tortfeasors,
hence the respondent Nos.1 and 2 being the owner and
Insurer of motorcycle bearing registration No.KA-38/U-5688,
are directed to pay the entire compensation amount and
later they can recover 50% of the compensation amount
from the owner and insurer of the motorcycle bearing
registration No.KA-38/R-7211 by due process of law.
5. The claimant sustained fracture of right temporal
parietal bone extradural hemotoma with moss effect as per
Ex.P.12 the disability certificate. It was issued by
Government of India, Ministry of Social Justice and
Empowerment, Department of empowerment of persons with
disabilities. In the said disability certificate the disability was
assessed at 95%. He further stated that, there was fracture
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of skull bone and leads to locomotorol disability. The tribunal
considering the fact that, the disability was not assessed by
the Neurologist, has taken disability at 20% to the whole
body, instead of 95%.
6. Considering the nature of injuries, this Court finds
it reasonable to take the disability at 30% to the whole body.
It is stated that, the claimant was doing milk vending
business and earning a sum of Rs.6,000/- per month. But he
has not produced any income proof of the same. Since, the
claimant met with accident in the year 2018, as per the chart
prepared by the Karnataka Legal Services Authority, his
income is to be taken at Rs.11,750/-. Hence, the loss of
future income would be as under:
Rs.11,750/- X 12 X 18 X 30% = Rs.7,61,400/-.
7. The claimant was admitted in the Hospital for 15
days. He incurred Rs.2,17,738/- towards medical expenses.
The tribunal has awarded a sum of Rs.2,17,738/- towards
medical expenses which needs no interference. Considering
the age of the claimant, nature of injuries sustained and
other relevant facts, this Court finds it reasonable to award a
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sum of Rs.75,000/- towards pain and suffering, Rs.30,000/-
towards loss of amenities. Due to the injuries, he might have
not attended any work for at least six months. Hence, a sum
of Rs.70,500/- (Rs.11,750/- X 6 months) is awarded under
the head of loss of income during laid up period. A sum of
Rs.30,000/- is awarded towards extra nourishment,
transportation and attendant charges. Hence, the total
compensation would be as under:
Sl.No. Heads of compensation Amount
1 Loss of future earnings Rs.7,61,400/-
2 Medical expenses Rs.2,17,738/-
3 Pain and sufferings Rs.75,000/-
4 Loss of amenities Rs.30,000/-
5 Loss of income during laid up Rs.70,500/-
period (Rs.11,750/- X 6 months)
6 Transportation, extra Rs.30,000/-
nourishment and attendant
charges
Total Rs.11,84,638/-
8. Learned counsel for the respondent No.2-
Insuracne company submits that, 50% of the compensation
amount awarded by the tribunal has been already deposited.
9. Accordingly, the following:
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ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitle to total
compensation of Rs.11,84,638/- along with interest
at the rate of 6% per annum from the date of
petition till the date of realization, as against a sum
of Rs.6,39,338/- awarded by the tribunal;
(iii) The respondent No.2-Insurance company
is directed to pay the entire compensation amount
and it can recover 50% of the compensation amount
from the owner and Insurer of the motorcycle
bearing registration No.KA-38/R-7211, by due
process of law;
(iv) The respondent No.2-insurance company
is directed to deposit the total compensation along
with interest within a period of one month from the
date of this order;
(v) On such deposit, the claimant is
permitted to withdraw the entire compensation
amount along with interest accrued thereon.
Sd/-
(P SREE SUDHA)
JUDGE
SVH
