Karnataka High Court

The Divisional Manager, The Oriental vs Sabanna And Anr on 13 October, 2025

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                                                       NC: 2025:KHC-K:5986
                                                       MFA No. 201153 of 2018
                                              C/W MFA.CROB No. 200019 of 2021


             HC-KAR




                         IN THE HIGH COURT OF KARNATAKA,

                                KALABURAGI BENCH

                    DATED THIS THE 13TH DAY OF OCTOBER, 2025

                                      BEFORE
                      THE HON'BLE MRS JUSTICE P SREE SUDHA

                  MISCL. FIRST APPEAL NO. 201153 OF 2018 (MV-I)
                                        C/W
                      MFA CROSS OBJ NO. 200019 OF 2021(MV-I)

             IN MFA NO.201153/2018:
             BETWEEN:

             THE DIVISIONAL MANAGER,
             REP. BY THE ORIENTAL INSURANCE CO. LTD.,
             N.G.COMPLEX, 1ST FLOOR,
             OPP. MINI VIDHAN SOUDHA, STATION ROAD,
             KALABURAGI-585102.
                                                                ...APPELLANT
             (BY SRI. SANJAY M JOSHI,ADVOCATE)

Digitally    AND:
signed by
SUMITRA
SHERIGAR     1.   SABANNA S/O. BASAVARAJ,
Location:         AGE 27 YEARS, OCC. AGRICULTURE & COOLIE,
HIGH COURT        R/O. VILLAGE YARGOL,
OF                TQ. & DIST. YADGIR-585218.
KARNATAKA
             2.   NEELSINGH S/O. NARAYAN,
                  AGE 45 YEARS,
                  OCC. AGRICULTURE & OWNER OF TRACTOR-TRAILOR
                  KA 32/RA 7462/7463,
                  R/O. WADI JUNCTION, TQ. CHITTAPUR,
                  DIST. KALABURAGI-585103.
                                                      ...RESPONDENTS

             (BY SRI.KRUPA SAGAR PATIL, ADV. FOR R1;
                 SRI.GOPAL KRISHNA B. YADAV. ADV. FOR R2)
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                                          NC: 2025:KHC-K:5986
                                          MFA No. 201153 of 2018
                                 C/W MFA.CROB No. 200019 of 2021


HC-KAR




     THIS MFA IS FILED U/S 173 (1) OF MV ACT, PRAYING TO
SUMMON THE ENTIRE RECORDS ON THE FILE OF THE I ADDL.
SENIOR CIVIL JUDGE AND MEMBER MACT, KALABURAGI AND
SET ASIDE THE JUDGMENT AND AWARD DATED 15.02.2018 IN
MVC NO.514/2016 AWARDING AND COMPENSATION OF
RS.8,24,000/- AND REDUCE THE COMPENSATION UNDER THE
HEAD MEDICAL EXPENSES AND LOSS OF CENSING CAPACITY, AS
BEING EXCESSIVE AND UNJUST.

IN MFA CROB. 200019/2021:

BETWEEN:

SABANNA S/O. BASAWARAJ,
AGE 29 YEARS, OCC. AGRICULTURE & COOLIE,
R/O. VILLAGE YARGOL,
TQ. & DIST. YADGIR-585218.
                                       ...CROSS OBJECTOR
(BY SRI. KRUPA SAGAR PATIL, ADVOCATE)

AND:

1.   NEELSINGH,
     S/O. NARAYAN,
     OCC. AGRI & OWNER OF TRACTOR & TRAILOR
     NO.KA 32/RA.7462/7463,
     R/O. WADI (JN), TQ. CHITTAPUR,
     DIST. KALABURAGI-585109.

2.   THE ORIENTAL INSURANCE CO. LTD.,
     THROUGH ITS DIVISIONAL MANAGER,
     NG COMPLEX, OPP. MINI VIDHANA SOUDHA, STATION
     ROAD, KALABURAGI-585102.
                                           ...RESPONDENTS

(BY SRI. SANJAY M. JOSHI, ADV. FOR R2,
    V/O. DATED 08.06.2023, NOTICE TO R1 DISPENSED WITH)

     THIS MFA CROB. IS FILED U/S. 41 RULE 22 OF CPC,
PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
15.02.2018 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND
MACT, KALABURAGI IN FILE BEARING MVC NO.514/2016 AND
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                                           NC: 2025:KHC-K:5986
                                           MFA No. 201153 of 2018
                                  C/W MFA.CROB No. 200019 of 2021


HC-KAR



ALLOW THE CLAIM PETITION AS PRAYED FOR AND FURTHER
DISMISS THE MFA NO.201153/2018.

      THESE APPEALS ARE COMING ON FOR ADMISSION, THIS
AY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MRS JUSTICE P SREE SUDHA

                     ORAL JUDGMENT

1. Heard the arguments from both sides.

2. MFA No.201153/2018 is filed by the Insurance

company against the Judgment and award dated 15.02.2018

passed in MVC No.514/2016 by the I Additional Senior Civil

Judge and MACT, Kalaburagi (for short 'the tribunal') on the

ground of quantum of compensation awarded by the

tribunal, whereas, MFA Crob No.200019/2021 is filed by the

claimant seeking enhancement of the compensation.

3. The claimant was doing agricultural work and

coolie work and was aged 25 years as on the date of the

accident. He filed claim petition claiming compensation of

Rs.24,50,000/-. The tribunal after considering the entire

evidence on record awarded a sum of Rs.8,24,000/- along

with interest at the rate of 6% per annum from the date of

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petition till realization. Aggrieved by the said order, he

preferred the present appeal.

4. Learned counsel for Insurance company submits

that, the claimant was inpatient from 09.03.2016 to

23.03.2016. He submits that, the compensation amount

awarded by the tribunal is exorbitant and the disability

assessed by the non-treating Doctor. He disputed Ex.P.12

and Ex.P.15 and stated that, the disability is to be taken at

1/3rd of the 45% which comes to 15%, instead of 30%.

Therefore, he requests for reduction of the compensation

amount awarded by the tribunal.

5. The claimant filed MFA Crob No.200019/2021 for

enhancement. He contended that, the income of the claimant

was taken at Rs.7,500/- per month. He sustained multiple

fractures i.e. mandible, left hyumerus and left clavicle,

fracture of left frontal bone, left orbit, left sphenoid, left

anterior cranial fossa and left maxillary body and EDH in left

frontal convexity and SDH in left frontal temporal regional

and his face was also disfigured. But the tribunal has erred in

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taking the disability at 30%. The amount granted under the

head pain and suffering and medical expenses is meager. He

was inpatient for 15 days and he was advised to take bed

rest for three months. No compensation was granted under

the head of loss of earnings and was requested for

enhancement of the compensation.

6. Heard the arguments from both sides and also

perused the evidence of P.W.2 and P.W.3 and the disability

certificates issued by them.

7. P.W.3 issued Ex.P.10. He examined the relevant

records and also finally opined that, the patient had grievous

traumatic brain injury, facial injury and L-eye injury, he

underwent emergency decompressive craniotomy and

considering the said injuries, he assessed the disability at

30% and he further observed that there is loss of vision in L-

eye which is due to optic atrophy, accounts for disability of

20% to optic nerve, which is irreversible and further stated

that, he sustained fracture of maxilla and mandible, as a

result there is deformity of face, inability to masticate hard

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food from L-side, unable to bite food due to loss of front

lower teeth; nonalignment of upper and lower jaw causing

TM joint pain, etc., is impairing the normal function of middle

and lower component of face accounts and assessed the

disability for the aforesaid injuries at 20%. P.W.3 further

observed that, the claimant cannot lift weight as before the

accident with L-upper arm due to fracture of L-humerus

accounts for disability of 20% to L-arm, due to contusion of

brain in accident is impairing the routine physical functions

accounts for disability of 30% and assessed the disability at

20% and thus, total disability at 61% to the whole body and

clearly stated that, the loss of vision in I-eye is irreversible.

8. P.W.2 assessed the disability under Ex.P.14 and

he stated that, malunited fracture of shaft left humerus with

implant and malunited fracture left clavicle and has

permanent physical impairment in relation to upper limb the

thus the disability is 45%. He was hospitalized for a period of

15 days. Learned counsel for the claimant relied upon a

decision of this Court passed in MFA No.202219/2017 dated

21.08.2025 in which the disability of the claimant was taken

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at 40% on the on the ground that the disability taken by the

tribunal is on the lower side. Therefore, considering the

evidence of the Doctors and the disability assessed by them,

this Court finds it reasonable to take the disability at 45%,

instead of 30%. The petitioner was aged 25 years and he

was doing agriculture and coolie work and earning

Rs.25,000/- per month. But the claimant failed to prove his

income by filing any documents. Therefore, as per the

guidelines of the Karnataka State Legal Services Authority,

as he met with the accident on 08.03.2016, his income is to

be taken at Rs.8,750/- per month, instead of Rs.7,500/-.

9. As per the citation reported in (2018) 4 SCC

571, between Jagadish Vs. Mohan and others, in case of

self employed person, who is aged below 40 years, 40%

income to be taken towards loss of future income.

Rs.8,750/- + 40% = Rs.12,250/-

Rs.12,250/- X 12 X 18 X 45% = Rs.11,90,700/-

10. There is no dispute regarding the medical

expenses granted by the tribunal. The tribunal already

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considered the discharge card, medical bills and prescriptions

under Ex.P.7 and Ex.P.9 and accordingly, an amount of

Rs.2,71,500/- was granted under the head of medical

expenses and it needs no interference. The compensation of

Rs.30,000/- granted under the head of pain and suffering is

to be enhanced to Rs.75,000/- and Rs.25,000/- is to be

granted under the head of loss of amenities, Rs.30,000/- is

to be granted under the head of transportation, extra

nourishment and attendant charges and future medical

expenses already granted i.e. Rs.30,000/- needs no

interference. The total compensation would be as under:

Sl.No. Heads of compensation Compensation granted by this Court 1 Loss of future income Rs.11,90,700/- 2 Medical expenses Rs.2,71,500/- 3 Pain and sufferings Rs.75,000/- 4 Transportation, extra Rs.30,000/-

nourishment and attendant charges 5 Loss of amenities Rs.25,000/-

6 Future medical expenses Rs.30,000/-

               Total                           Rs.16,22,200/-

      11.   Learned   counsel    for     the   Insurance    company

submits that, 50% of the compensation is deposited at the

time of filing of the appeal.

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12. Hence, the following order:

ORDER

(i) MFA No.201153/2018 filed by the

Insurance company is dismissed;

(ii) MFA Crob No.200019/2021 filed by the

claimant is allowed in part;

(iii) The claimant is entitled to total

compensation of Rs.16,22,200/- along with 6%

interest on the enhanced compensation;

(iv) The Insurance company is directed to

deposit the balance amount along with interest at

the rate of 6% per annum within one month from

the date of this order;