Karnataka High Court
Mallikarjun vs Mallesh Pujari And Anr on 6 November, 2025
-1-
NC: 2025:KHC-K:6597
MFA No. 201428 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 201428 OF 2023 (MV-I)
BETWEEN:
MALLIKARJUN
S/O. BASAVARAJ PUJARI @ BASANNA DABANOOR.
AGE. 26 YEARS, OCC: DRIVER,
R/O BHUSANAGI, TQ. KAMALAPUR,
DIST. KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
AND:
1. MALLESH PUJARI
Digitally signed
S/O. RAJPUTRA PUJARI,
by SUMITRA
SHERIGAR AGE: MAJOR, OCC. BUSINESS,
R/O NEAR HUMNABAD RING ROAD,
Location: HIGH
COURT OF BHAVANI NAGAR, KALABURAGI-585103.
KARNATAKA
2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD.,
THROUGH ITS BRANCH MANAGER,
BRANCH OFFICE, 1-101/A/A/TF-2, 3RD FLOOR,
KISHAN KRUPA, ABOVE KANVA MART,
OPP. KANNADA BHAVAN, KALABURAGI-585102.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADV. FOR R2;
V/O. DATED 27.03.2023, NOTICE TO R1 DISPENSED WITH)
-2-
NC: 2025:KHC-K:6597
MFA No. 201428 of 2023
HC-KAR
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
EXERCISE ITS APPELLATE JURISDICTION, CALL FOR THE
ENTIRE LOWER COURT RECORDS AND MODIFY THE
JUDGEMENT AND AWARD DATED 22.07.2022 PASSED BY THE
LEARNED PRL. SENIOR CIVIL JUDGE AND MACT AT
KALABURAGI IN MVC NO. 1014/2020 BY ENHANCING THE
COMPENSATION AMOUNT AS PRAYED FOR, IN THE INTEREST
OF JUSTICE AND EQUITY.
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 22.07.2022 passed in MVC
No.1014/2020 by the Principal Senior Civil Judge and MACT,
Kalaburagi, (for short 'the tribunal'), seeking enhancement fo
the compensation.
2. The injured claimant aged 25 years met with
accident on 04.05.2020 and took treatment in the Hospital.
He filed claim petition before the tribunal seeking
compensation of Rs.25,75,000/-. The tribunal after
NC: 2025:KHC-K:6597
HC-KAR
considering the entire evidence on record, awarded a sum of
Rs.9,05,800/- along with interest at the rate of 6% per
annum from the date of petition till realization. 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,
meager amounts were granted by the tribunal. Though
P.W.2 who is a treated Doctor has assessed the disability at
40%, the tribunal has taken disability at 25%. The amounts
granted under different heads are also meager. In the claim
petition, it was stated that the claimant was earning a sum
of Rs.18,000/- per month. But the tribunal has taken
Rs.13,750/-. Hence, requests for enhancement of the
compensation.
4. The claimant was aged 24 years as on the date of
accident. By profession he was a driver and earning a sum of
Rs.18,000/- per month. But he has not produced any income
proof to prove his income. The claimant met with accident on
04.05.2020. In view of the guidelines issued by the
NC: 2025:KHC-K:6597
HC-KAR
Karnataka State Legal Services Authority, his income for the
year 2020 is to be taken at Rs.13,750/-. The tribunal has
rightly taken his income and hence, it needs no interference.
The claimant examined the Doctor as P.W.2. The Doctor
assessed the disability at 40%. The disability certificate is
marked as Ex.P.11. The claimant sustained fracture of right
shaft femur with displacement patella, fracture of right thigh,
right knee and right foot and other parts of the body. It is
also observed that, since there is implant, there is restricted
movement of right knee by 40 degree and the claimant is
unable to walk fast, climb stairs and unable to ride
motorcycle. Therefore, the Doctor has assessed the disability
at 40%. Hence, the Tribunal has considered 25% disability
i.e. 1/3rd of the 40%. Considering the nature of injuries the
tribunal has rightly taken the disability of 25%, which needs
no interference. His age was taken as 24 years, as he was
born on 01.01.1993 and met with an accident on
04.05.2020. Therefore, the loss of future earnings was
calculated as Rs.7,01,250/-, which is just and proper.
NC: 2025:KHC-K:6597
HC-KAR
5. The Tribunal has granted Rs.1,00,789/- towards
medical expenses and it needs no interference.
6. The appellant was admitted in the hospital for
five days. Considering the nature of injuries and period of
hospitalisation, this Court finds it reasonable to grant an
amount of Rs.75,000/- for pain and suffering, Rs.25,000/-
for loss of amenities and Rs.30,000/- for transportation,
extra nourishment and attendant charges.
7. The Tribunal has granted Rs.50,000/- for future
medical expenses and it needs no interference.
8. The appellant might not have attended any
work at least for a period of three months due to the
injuries sustained. Therefore, this Court finds it reasonable
to grant an amount of Rs.41,250/- (Rs.13,750 x 3) for loss
of income during laid up period.
9. Hence, the appellant is entitled for the modified
compensation under different heads as below:
NC: 2025:KHC-K:6597
HC-KAR
Pain and suffering Rs.75,000/-
Medical expenses Rs.1,00,789/-
Future medical expenses Rs.50,000/-
Transportation, extra nourishment, Rs.30,000/-
and attendant charges
Loss of income during laid up period Rs.41,250/-
Loss of future earnings Rs.7,01,250/-
Loss of amenities Rs.25,000/-
Total Rs.10,23,289/-
Less: awarded by Tribunal Rs.9,05,800/-
Enhancement Rs.1,17,489/-
10. The Insurance company has deposited the
awarded amount by the tribunal. Thus, the appellant is
entitled for enhanced compensation of Rs.1,17,489/- with
interest at 6% per annum and therefore, the appeal
deserves to be allowed in part.
11. 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.1,17,489/- with interest at
6% per annum from the date of petition till the date of
realisation.
NC: 2025:KHC-K:6597
HC-KAR
(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
