Karnataka High Court
Bhimashankar vs Parvatkumar And Anr on 9 October, 2025
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NC: 2025:KHC-K:5926
MFA No. 200304 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 200304 OF 2022 (MV-I)
BETWEEN:
SRI. BHIMASHANKAR
S/O. KRISHNAPPA PYARASABAD,
AGE 29 YEARS, OCC.WORK IN MEDICAL STORE,
R/O.H.NO.10-947, LALGERI CROSS ROAD,
LALGERI, BRAHMPUR,
KALABURAGI-585103.
...APPELLANT
(BY SRI. BHEEMARAYA M N., ADVOCATE)
AND:
Digitally signed 1. SRI. PARVATKUMAR,
by SUMITRA S/O. RAMESHKUMAR,
SHERIGAR
AGE MAJOR,
Location: HIGH
COURT OF OCC.OWNER OF OFFENDING CAR,
KARNATAKA BEARING REG.NO.KA-33/N-5524,
R/O. 2-627, SUNDER NAGAR,
GOVERNMENT HOSPITAL,
KALABURAGI-585102.
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE,
NEAR SANGAM TALKIES,
S.B.TEMPLE ROAD,
KALABURAGI-585102.
...RESPONDENTS
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NC: 2025:KHC-K:5926
MFA No. 200304 of 2022
HC-KAR
(BY SRI.MANVENDRA REDDY, ADV. FOR R2;
V/O. DATED 20.09.2022, NOTICE TO R1 DISPENSED WITH)
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 15.03.2021 PASSED IN MVC NO.
842/2019 ON THE FILE OF THE COURT OF THE II ADDL SENIOR
CIVIL JUDGE AND MEMBER MACT AT KALABURAGI AND ALLOW
THIS APPEAL TO GRANT THE COMPENSATION AMOUNT BY
RS. 9,42,200/- ONLY AS CLAIMED BY THE APPELLANT BEFORE
THIS HON'BLE COURT, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
Heard the arguments of learned counsel for both the
parties.
2. This appeal is filed against the award of the Tribunal
in MVC No.848/2019 dated 15.03.2021 passed by the II
Additional Senior Civil Judge and Member, M.A.C.T, Kalaburagi
3. The facts of the case are that on 26.07.2019 at
about 1.45 A.M., when the petitioner being the pillion rider
along with his friend Nikhil being the rider was proceeding on
motorcycle bearing registration No.KA.32/V.3408 to go to
Kotnoor(d) Village on Gulbarga-Jewargi road, near Ram Mandir
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HC-KAR
City Bus stand, a Maruti swift Car bearing registration
No.KA.33.M.5524 came from opposite direction in rash and
negligent manner with high speed and dashed to the
motorcycle of Nikhil due to which he sustained grievous
injuries. Thereafter, he was shifted to Dr.Kamareddy Hospital,
Kalaburagi, wherein he was inpatient for more than 20 days
and inccured Rs.2,00,000/- towards treatment.
4. Injured/claimant filed a claim application claiming
compensation of Rs.10,00,000/-. The Tribunal considering the
entire material on record, granted Rs.57,800/- along with
interest at the rate of 6% per annum from the date of petition
till the date of realization.
5. Aggrieved by the said judgment, he preferred this
appeal, wherein it is contended that, the appellant was working
in a Medical Store and earning Rs.20,000/- per month, but his
income was not considered and he further stated that, no
amount was granted towards Pain and Suffering, Food and
conveyance charges, Loss of Income during Treatment Period
and Loss of Amenities. But only a global compensation of
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Rs.57,800/- is granted, which requires interference and
requested for enhancement and to allow the appeal.
6. Admittedly, as per Ex.P6 - Wound Certificate, the
petitioner sustained undisplaced fracture of frontal bone which
is grievous in nature and he sustained multiple abrasions over
face, neck, shoulder, thigh and other parts of his body. It was
mentioned that there was pain and suffering due to which he
was unable to move right leg, but he has not examined the
Doctor or no disability was assessed showing grievous injuries.
Therefore, considering the nature of the injuries, the Tribunal
has granted Rs.30,000/- as a global compensation and
Rs.26,880/- towards medical expenses, on the basis of the
Medical Bills at Ex.P8 and so also, Rs.1,000/- towards attendant
charges. He was hospitalized for a period of three days.
7. Accordingly, considering the contentions of the
claimant/appellant, this Court finds valid reasons in the
arguments and feels to re-assess the compensation.
8. In view of the same, this Court grants Rs.5,000/-
towards pain and suffering, Rs.5,000/- towards loss of
amenities and Rs.5,000/- towards Transport and Extra
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Nourishment charges. In total, the claimant is entitled for
enhanced compensation of Rs.15,000/-, which would comes
to total compensation of Rs.72,800/- (Rs.35,000 + 31,800 +
6000).
9. In all, the total compensation would comes to
Rs.72,800/- with interest at 6% per annum from the date of
petition till the date of realization.
10. In the result, the following order is passed:
i) The appeal is allowed in part.
ii) The claimant is entitled for the total
compensation of Rs.72,800/- with interest at
6% per annum from the date of petition till
realization.
iii) The respondent No.2 - Insurance Company
already deposited the compensation awarded
by the Tribunal. Therefore, respondent No.2
is directed to Rs.15,000/- with interest at the
rate of 6% per annum within one month from
the date of order
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iv) On such deposit, the appellant is permitted to
withdraw the entire amount along with
interest accrued on it.
Sd/-
(P SREE SUDHA)
JUDGE
THM
CT:RJ
