Karnataka High Court
Uttam S/O Namadev Gadade vs Maharashtra State Road Transport ... on 9 October, 2025
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NC: 2025:KHC-D:13660
MFA No. 101768 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 9TH DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 101768/2018 (MV-I)
BETWEEN:
UTTAM
S/O. NAMADEV GADADE,
AGE: 20 YEARS,
OCC: STUDENT,
R/O: TURMARI,
TQ & DIST: BELAGAVI-591106.
...APPELLANT
(BY SRI. MADANMOHAN M. KHANNUR, ADVOCATE)
GIRIJA A.
BYAHATTI
Digitally signed by
GIRIJA A. BYAHATTI AND:
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
DHARWAD
1. MAHARASHTRA STATE ROAD
TRANSPORT CORPORATION,
(MSRTC) SANGLI-416403
TQ: MIRAJ, DIST: SANGLI,
STATE: MAHARASHTRA,
BY ITS DIVISIONAL CONTROLLER.
2. BHANUDAS S/O. MAHADEV PATIL,
AGE: 47 YEARS,
OCC: AGRICULTURE,
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MFA No. 101768 of 2018
HC-KAR
R/O: DUDHEBHAVI,
TQ: KAVATEMAHANKAL,
DIST: SANGLI-416403,
STATE: MAHARASHTRA,
(OWNER OF MOTOR CYCLE
NO.MH-10/CC-9939)
3. ICICI LOMBARD GENERAL INSURANCE CO. LTD.,
OFFICE NO.1, 4TH FLOOR,
SHRI KRISHNA TOWER-14,
KHANAPUR ROAD, TILAKWADI,
BELAGAVI-590016,
BY ITS BRANCH MANAGER,
(INSURER OF MOTOR CYCLE
NO.MH-10/CC-9939)
...RESPONDENTS
(BY SRI. C.V. ANGADI, ADVOCATE FOR R1;
SRI. UMESH AINAPUR, ADVOCATE FOR R2;
NOTICE TO R3 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO ENHANCE THE
COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD
DATED 10.01.2018 IN M.V.C. NO.2361/2016 PASSED BY THE IX
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI AND AWARD
THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR FURTHER HEARING THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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MFA No. 101768 of 2018
HC-KAR
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
1. Heard Sri.Madanmohan M. Khannur learned counsel
for the appellant, as well as Sri.C. V. Angadi, learned
counsel for respondent No.1. No representation for
respondent No.2 on call.
2. Challenge in this appeal is to the award that is passed
by the Additional Motor Accident Claims Tribunal,
Belagavi (hereinafter referred to as 'the Tribunal', for
brevity) in MVC No.2361/2016 dated 10.01.2018. This
is a claimant's appeal.
3. On the ground that he sustained grievous injuries in a
road traffic accident, the appellant filed a petition
claiming compensation. The Tribunal awarded a sum
of Rs.50,000/- as compensation, and projecting that
the said sum is grossly low, the present appeal is filed.
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4. Learned counsel for the appellant submits that the
appellant sustained three grievous injuries in the road
traffic accident and he took extensive treatment.
However, he is left with disability. But without
considering the evidence produced, the Tribunal
granted a sum of Rs.50,000/- globally as
compensation, which is unjustifiable. Learned counsel
thereby seeks for enhancement in compensation.
5. The submission that is made by learned counsel for
respondent No.1, on the other hand, is that the
appellant was a student on the date of the accident
and thus he had no source of earnings. Also, the
injuries sustained, though grievous, did not result in
such physical disability as contended by the appellant,
and therefore, the Tribunal is right in awarding
Rs.50,000/- as global compensation.
6. By all the evidence produced, the appellant succeeded
in establishing that he sustained fracture of the right
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clavicle, fracture of the 3rd to 5th ribs right, and
fracture of distal end of ulna, which are grievous in
nature. The appellant also succeeded in establishing
that he took treatment as an in-patient for a period of
one week.
7. As per the evidence of PW3, the appellant is suffering
with permanent disability of 20% in respect of the left
upper limb and 10% in respect of the right upper limb.
The Tribunal is of the opinion that at young age the
healing process will be better and, gradually, the
disability and pain will disappear. However,
considering the nature of injuries sustained, this Court
is of the view that the appellant would have suffered
a lot during the period of treatment and there would
be loss of amenities.
8. Thus, considering the nature of injuries sustained and
the treatment taken, this Court is of the view that the
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appellant is entitled to compensation under the
following heads:
Pain and suffering Rs.40,000.00
Medical expenses Rs.7,674.00
Towards food, extra Rs.15,000.00
nourishment, conveyance,
and attendant charges
Loss of amenities in life Rs.70,000.00
due to permanent
physical disability
Total Rs.1,32,674.00
9. Thus, the following order:
ORDER
i. The appeal is allowed in part.
ii. The compensation that is granted by the
Additional Motor Accident Claims Tribunal,
Belagavi, through orders in MVC No.2361/2016
dated 10.01.2018 is enhanced from Rs.50,000/-
to Rs.1,32,674/-.
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iii. The enhanced sum shall carry interest at the rate
of 6% per annum from the date of petition till
the date of deposit.
iv. As liability upon respondents 1 and 2 is fixed to
an extent of 50% each, respondents 1 and 2 are
directed to deposit 50% of the enhanced sum
each within a period of eight weeks from the
date of receipt of the certified copy of this
judgment.
v. On such deposit, the appellant is permitted to
withdraw the entire deposited amount.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
gab
CT-MCK
