Karnataka High Court
Baburao S/O Ranappa Madankar vs K.P. Ventachalam And Anr on 15 October, 2025
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NC: 2025:KHC-K:6076
MFA No. 202295 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 202295 OF 2022 (MV-I)
BETWEEN:
BABURAO,
S/O. RANAPPA MADANKAR
AGE 44 YEARS,
OCC. AGRICULTURE (NOW NIL)
R/O. RAJ SULTANPUR VILLAGE,
TQ.& DIST. KALABURAGI.
...APPELLANT
(BY SRI. SANJEEV PATIL, ADVOCATE)
Digitally signed AND:
by SUMITRA
SHERIGAR 1. K.P. VENTACHALAM
Location: PARTNER, SRE SAKTHIVEL BOREWELL COMPANY,
HIGH COURT #21, NEAR AYYAPPA TEMPLE, ATTIBELE,
OF
KARNATAKA ANEKAL TALUK, BENGALURU.
2. THE LEGAL MANAGER
IFFCO-TOKIO GENERAL INSURANCE CO.LTD,
G1,G2,G12 AND G13, ASIAN ARCADE
NEAR ANAND HOTEL, S.B TEMPLE ROAD,
KALABURAGI-585 102.
...RESPONDENTS
(BY SRI. SUBHASH MALLAPUR, ADV. FOR R2;
V/O. DATED 24.11.2022, NOTICE TO R1 IS DISPENSED WITH)
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NC: 2025:KHC-K:6076
MFA No. 202295 of 2022
HC-KAR
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD PASSED BY THE III ADDL
SENIOR CIVIL JUDGE AND MACT, KALABURAGI, IN MVC NO.
1083/2018 DATED 11.11.2021, BY ENHANCING THE
COMPENSATION AS PRAYED FOR, 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
1. This appeal is filed by the claimant against the
Judgment and award dated 11.11.2021 in MVC
No.1083/2018 by the III Additional Senior Civil Judge and
MACT, Kalaburagi (for short 'the tribunal').
2. The injured claimant met with road traffic
accident and suffered grievous injuries for which he has
taken treatment in the hospital. He filed a claim petition
seeking compensation for the injuries suffered by him by
claiming a sum of Rs.16,50,000/-. The tribunal after
considering the entire material on record, awarded a sum of
Rs.5,66,404/- along with 6% interest per annum from the
date of petition till realization. Aggrieved by the said
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HC-KAR
Judgment and award, the claimant has preferred the present
appeal seeking enhancement of the compensation, in which
it is contended that, the disability taken by the tribunal at
13% is on lower side. Considering the nature of injuries
sustained by the claimant, this Court finds it proper to
consider the disability at 30%. The future prospects were not
added to the income of the petitioner while granting the
compensation under the head of loss of future income. The
amounts granted under the head of pain and sufferings is
meager and as per the evidence of P.W.2 - Doctor an
artificial foot is required for normal functioning and it costs
Rs.60,000/- to Rs.70,000/-. The tribunal granted meager
amount and thus he requested for enhancement of the
compensation. As per the wound certificate, the claimant
sustained grievous injuries. He was admitted in the Hospital
on 27.01.2018 and discharged on 19.02.2018 and thus, he
was hospitalized for 24 days. The claimant sustained the
following fractures :
(i) Fractures of 2nd 3rd proximal phalanges - Ct of 2nd 3rd toes
and amputation of ct little toe;
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(ii) Fracture of drasteris of patre symphysis;
(iii) Rt Sacrotiac joint fracture submaxation;
(iv) Fracture of 4-5 bones;
(v) Fracture of nasal bones.
3. Considering the fact that, there is malunited
fracture of proximal and there is amputation of ct little toe,
fracture of drasteris of patre symphysis, Rt. Sacrotiac joint
fracture submaxation and fracture of 4 to 5 bones and nasal
bones and thus, this Court finds it reasonable to consider the
disability at 30% instead of 13%. There is no dispute
regarding the income of the petitioner and since it is a case
of amputation, he is also entitled for 25% towards future
prospects. Thus, the loss of future income would be as
under:
Rs.11,750/- + 25% X 12 X 14 X 30% = Rs.7,40,224/-
4. This Court finds it reasonable to grant a sum of
Rs.75,000/- towards pain and sufferings. Remaining
compensation amount granted under different heads are
proper and reasonable and needs no interference. The total
compensation granted by this Court is as under:
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HC-KAR
Sl.No. Heads of compensation Amount
1 Loss of future earnings Rs.7,40,224/-
2 Pain and sufferings Rs.75,000/-
3 Medical expenses Rs.1,74,534/-
4 Loss of earnings during laid up Rs.35,250/-
period
5 Nutritious food and attendant Rs.30,000/-
charges
6 Loss of future amenities and Rs.30,000/-
loss of happiness
Total Rs.10,85,008/-
5. Learned counsel for the Insurance company
submits that, the Insurance company has already deposited
the compensation amount awarded by the tribunal before the
tribunal.
6. Accordingly, the following order:
ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitled to total
compensation of Rs.10,85,008/- along with
interest at the rate of 6% interest till the date of
realization;
(iii) The respondent No.2-Insurance
company is directed to deposit the balance
compensation of Rs.5,18,604/- along with 6%
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interest within a period of one month from the
date of this order;
(iv) On such deposit by the Insurance
company, the claimant is permitted to withdraw
the entire amount along with interest accrued
thereon.
Sd/-
(P SREE SUDHA)
JUDGE
SVH
CT:RJ
