Karnataka High Court
The Manager vs Ramesh And Anr on 14 October, 2025
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MFA No. 202787 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 202787 OF 2024 (MV-I)
BETWEEN:
THE MANAGER
TATA AIG GNERAL INSURANCE CO., LTD.,
1ST FLOOR, UNIT NO.F6 AND F8,
BUSINESS PARK, CENTRE AKKAMAHADEVI COLONY,
KALABURAGI-585103.
...APPELLANT
(BY SRI. S S ASPALLI, ADVOCATE)
AND:
1. RAMESH,
S/O. BIKKU,
Digitally AGE 30 YEARS, OCC. SKILLED LABOUR
signed by
SUMITRA NOW NIL, R/O. MEDPALLI, BIDAR-585421.
SHERIGAR
Location:
HIGH COURT 2. SANJUKUMAR
OF S/O. VISHWANATH,
KARNATAKA
AGE MAJOR, OCC. BUSINESS,
R/O. 205, HIPPALGAN,
TQ. & DIST. BIDAR-585421.
...RESPONDENTS
(BY SRI. RAVI B PATIL, ADVOCATE)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
a) CALL FOR THE RECORDS IN MVC NO. 229/2022 ON THE FILE
OF THE II ADDL.SENIOR CIVIL JUDGE AND JMFC AT BIDAR. b)
SET ASIDE THE JUDGMENT AND AWARD DATED 12.01.2024 IN
MVC NO. 229/2022 PASSED BY THE II ADDL. SENIOR CIVIL
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MFA No. 202787 of 2024
HC-KAR
JUDGE AND JMFC, AT BIDAR, BY ALLOWING THE ABOVE
APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. Heard the arguments from both sides.
2. The claimant has filed the claim petition in MVC
No.229/2022 before the II Additional Senior Civil Judge and
JMFC Court, Bidar (for short 'the tribunal'), seeking
compensation of Rs.25,00,000/- along with interest at the
rate of 12% per annum, on the ground that, he met with a
road traffic accident on 01.08.2021, as a result he sustained
grievous injuries. The tribunal on consideration of the entire
evidence on record, awarded a sum of Rs.13,81,900/- along
with 6% interest from the date of petition, till realization.
Being aggrieved by the said order, the Insurance company
has preferred this appeal on the ground of quantum of
compensation and mainly contended that, percentage of
permanent disability of the right lower limb was assessed by
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Doctor as 59.5%, but the tribunal while taking 1/3rd of it,
mentioned it as 40%, instead of 20% to the whole body.
Therefore, requests for modification of the order.
3. The petitioner met with an accident on
01.08.2021. He was aged about 28 years as on the date of
accident and was doing labour work and stated that, he was
earning Rs.600/- per day, but he has not filed any income
proof. The tribunal has taken notional income at Rs.14,000/-
As he met with the accident on 01.08.2021 as per the
guidelines of the Karnataka State Legal Services Authority,
the income of the petitioner for the year 2021 is to be taken
at Rs.14,250/- instead of Rs.14,000/-. On perusal of the
record shows that, P.W.2 assessed the disability as 59.5%.
As per Ex.P.14 and 1/3rd of it comes to 20%. So the loss of
future income is Rs.14,250/- X 12 X 17 X 20% =
Rs.5,81,400/-. He was hospitalized for 61 days. The
petitioner sustained the following injuries:
(i) Pain, swelling and open fracture of right femur;
(ii) Pain and swelling in right leg;
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(iii) Abrasion 2X1 cm and right frontal area;
(iv) Clw 1 X 1 cm over right toe.
Out of the aforesaid injuries, two are grievous injuries.
He might have not attended any other work for about four
months. Hence, this Court finds it reasonable to grant loss of
income during the laid up period for four months i.e.
Rs.14,250/- X 4 months which comes to Rs.57,000/-. The
amount granted under the head of attendant charges is
Rs.30,500/- and the amount granted under the head of
medical expenses i.e. Rs.1,30,478/- as per the medical bills,
which needs no interference. This Court finds it reasonable to
award a sum of Rs.50,000/- under the head of pain and
suffering, a sum of Rs.30,000/- towards loss of amenities
and a sum of Rs.30,000/- towards transportation, extra
nourishment and attendant charge. Hence, the total
compensation awarded by this Court is as under:
Sl.No. Heads of compensation Amount
1 Loss of future income Rs.5,81,400/-
2 Loss of income during laid up Rs.57,000/-
period
3 Medical expenses Rs.1,30,478/-
4 Pain and sufferings Rs.50,000/-
5 Loss of amenities Rs.30,000/-
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6 Transportation, extra Rs.30,000/-
nourishment and attendant
charges
7 Attendant charges Rs.30,500/-
Total Rs.9,09,378/-
4. Hence, in view of the above, the compensation
awarded by the tribunal in a sum of Rs.13,81,900/- is
reduced to Rs.9,09,378/- along with interest at the rate of
6% interest from the date of petition till realization.
5. Accordingly, the following order:
ORDER
(i) The appeal is allowed in part;
(ii) The compensation awarded by the
tribunal in a sum of Rs.13,81,900/- is reduced to
Rs.9,09,378/- along with interest at the rate of 6%
interest from the date of petition till realization;
(iii) The appellant-Insurance company is
directed to deposit the compensation amount of
Rs.9,09,378/- along with interest at the rate of 6%
per annum within one month from the date of this
order;
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(iv) Respondent No.1 is permitted to
withdraw the entire amount along with interest
accrued thereon.
Sd/-
(P SREE SUDHA)
JUDGE
SVH
CT:RJ
