Karnataka High Court
Saibanna S/O Baswanappa Lende vs Ramanna S/O Gundappa And Anr on 10 October, 2025
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NC: 2025:KHC-K:5955
MFA No. 201713 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO.201713 OF 2021 (MV-I)
BETWEEN:
SAIBANNA S/O BASWANAPPA LENDE,
AGE: 38 YEARS, OCC: MASON, NOW NIL,
R/O. VILLAGE JAWALGA (J), TALUKA ALAND,
DIST. KALABURAGI.
...APPELLANT
(BY SRI. NARESH V. KULKARNI, ADVOCATE)
AND:
1. RAMANNA S/O GUNDAPPA,
Digitally
signed by AGE: 45 YEARS, OCC: BUSINESS AND
SUMITRA OWNER OF MOTORCYCLE
SHERIGAR
Location:
BEARING NO. KA-32/EH-8194,
HIGH COURT R/O. VILLAGE JAWALGA (J),
OF
KARNATAKA TALUKA ALAND, DIST. KALABURAGI.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
2ND FLOOR, CENTURY COMPLEX,
OPP. SANGAM TALKIES, KALABURAGI-585 103.
...RESPONDENTS
(BY SRI. ABDUL QUAYUM, ADV. FOR R2;
V/O DTD. 24.04.2022, NOTICE TO R1 IS DISPENSED WITH)
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NC: 2025:KHC-K:5955
MFA No. 201713 of 2021
HC-KAR
THIS MFA IS FILED U/S. 173(1) OF THE MOTOR
VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE IMPUGNED JUDGMENT AND AWARD DATED
10.03.2020 PASSED BY THE SENIOR CIVIL JUDGE AND MACT
AT ALAND IN MVC NO.830/2018 AND CONSEQUENTLY BE
PLEASED TO ENHANCE THE COMPENSATION FROM
RS.5,43,000/- TO RS.14,00,000/- (RESTRICTS HIS CLAIM TO
RS.14,00,000/-) WITH INTEREST AT 8% P.A FROM THE DATE
OF PETITION TILL ITS REALIZATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE P SREE SUDHA)
1. Heard the arguments from both sides.
2. This appeal is preferred against the Judgment and
award dated 10.03.2020 passed in MVC No.830/2018 by the
Senior Civil Judge and MACT, Aland (for short 'the tribunal').
3. The claimant was doing mason work and was aged
35 years as on the date of the accident. He met with an
accident on 21.08.2017. He filed claim petition before the
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HC-KAR
MACT, Aland, seeking compensation of Rs.24,00,000/-. The
tribunal after considering the entire evidence on record,
awarded compensation of Rs.5,43,000/- along with interest at
the rate of 6% per annum from the date of petition, till the
date of realization. Aggrieved by the said order, the claimant
preferred this appeal and mainly contended, Ex.P.7 and Ex.P.8
are the wound certificate and discharge card; he sustained
head injury and it resulted in 100% functional disability. He
also examined P.W.2-Doctor and he assessed disability at 48%
to the whole body, but the tribunal erred in taking the disability
at 10%. The tribunal has erred in calculating the medical
expenses and thus, requested for enhancement of
compensation.
4. As per the discharge summary, he was diagnosed
with LT FTP Craniectopmy defect with RT frontal subdural
hygroma. The petitioner examined P.W.2. P.W.2 in his evidence
verified the wound certificate and discharge card and held that,
the petitioner has suffered grievous traumatic brain injury and
right side hemiparesis on account of neurological disability,
right side facial and left side auditory cranial nerves damaged
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HC-KAR
causing deformed look and loss of hearing respectively and
inability to eat from left side and open the mouth is due to
fibrosis of TM joint accounts and thus, he sustained permanent
partial physical disability and assessed the disability at 48% to
the whole body. It was fairly stated that, he could not do any
labour work in future. It is also stated that, he requires another
Rs.50,000/- for future medical expenses. But the tribunal has
taken disability at 10% without any basis. Considering the
nature of the injuries sustained by the petitioner and also the
fact that, he was hospitalized for 43 days and the evidence of
P.W.2 this Court finds it reasonable to consider the disability at
48% as per the medical evidence. Petitioner stated that, he
was earning Rs.15,000/- per month, but he has not filed any
income proof. He met with an accident on 21.08.2017. Hence,
his income has to be taken at Rs.10,250/- per month, as per
the guidelines of the Karnataka Legal Services Authority. The
loss of future income comes to Rs.10,250/- X 12 X 15 X 48% =
Rs.8,85,600/-.
5. The amount awarded under the head of medical
expenses i.e. Rs.2,67,976/- needs no interference. Considering
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HC-KAR
the nature of injuries and the period of hospitalization, this
Court finds it reasonable to award a sum of Rs.75,000/- under
the head of pain and sufferings, Rs.25,000/- under the head of
loss of amenities. The compensation awarded under the head of
diet, food, nourishment, attendant and conveyance charges i.e.
Rs.35,000/- needs no interference. The claimant might not
have attended the work at least for a period of four months.
Hence, a sum of Rs.41,000/- (Rs.10,250/- X 4 months) is
awarded under the head of loss of income during laid up period.
The total compensation awarded by this Court is as under:
Sl.No. Heads of compensation Compensation
awarded
1 Loss of future earning Rs.8,85,600/-
2 Pain and suffering Rs.75,000/-
3 Medical expenses Rs.2,67,976/-
4 Towards diet, food, Rs.35,000/-
nourishment, attendant and
conveyance charges
5 Loss of income during laid up Rs.41,000/-
period
6 Loss of amenities Rs.25,000/-
Total Rs.13,29,576/-
6. The claimant is entitled for total compensation of
Rs.13,29,576/- along with interest at the rate of 6% interest
from the date of petition till realization as against Rs.5,43,000/-
awarded by the tribunal.
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HC-KAR
7. Learned counsel for the respondent No.2-Insurance
company submits that, the amount awarded by the tribunal has
been deposited before the tribunal.
8. Accordingly, the following:
ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitled to total
compensation of Rs.13,29,576/- along with 6%
interest from the date of petition till the date of
realization;
(iii) The respondent No.2-Insurance company
is directed to deposit the enhanced compensation of
Rs.7,86,576/- along with 6% interest within a period
of one month;
(iv) On such deposit by the Insurance
company, the claimant is permitted to withdraw the
entire amount along with interest.
Sd/-
(P SREE SUDHA)
JUDGE
SVH
List No.: 1 Sl No.: 56 CT: AK
