Karnataka High Court
Cholamandalam Ms General Insurance Co. ... vs Gokul Krishna @ Gokul S/O Shankar on 15 October, 2025
-1-
NC: 2025:KHC-K:6075
MFA No. 201714 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. 201714 OF 2022 (MV-I)
BETWEEN:
CHOLAMANDALAM MS GENERAL
INSURANCE CO. LTD.
THROUGH ITS MANAGER DIVISIONAL OFFICE,
ASIAN PLAZA, NEAR TIMMAPUR CIRCLE KALABURAGI
NOW, REPRESENTED BY
CHOLA MS GEN. INSURANCE COMPANY LIMITED,
THROUGH MANAGER LEGAL,
UNIT NO.4, 9TH FLOOR, LEVEL-06
GOLDEN HEIGHTS COMPLEX, 59TH C CROSS
INDUSTRIAL SUBURB, RAJAJI NAGAR,
4TH MAIN, BENGALURU-560010.
...APPELLANT
Digitally signed
by SUMITRA
SHERIGAR (BY SRI. MANJUNATH MALLAYYA SHETTY, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. GOKUL KRISHNA @ GOKUL
S/O. SHANKAR
AGE 31 YEARS,
OCC. AGRICULTURE WORK,
R/O. VILLAGE BHAGODI,
TQ. CHITTAPUR, DIST. KALABURAGI-585102.
2. PUNDALIK,
S/O. SABANNA,
AGE MAJOR, OCC. BUSINESS,
-2-
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MFA No. 201714 of 2022
HC-KAR
OWNER OF TUM TUM GOODS VEHICLE
NO. KA-32-B-8739
R/O. 123, ITAGA,
TQ. & DIST. KALABURAGI-585102
...RESPONDENTS
(BY SRI.SANJEEV PATIL, ADV. FOR C/R1;
V/O. DATED 22.09.2022, NOTICE TO R2 DISPENSED
WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT,
PRAYING TO CALL FOR THE RECORDS AND SET ASIDE
THE JUDGMENT AND AWARD DATED 30TH DAY OF
NOVEMBER 2021 PASSED BY THE II ADDITIONAL SENIOR
CIVIL JUDGE AND MACT AT KALABURAGI IN MVC NO.
634/2019 AND TO MODIFY THE COMPENSATION
AWARDED AND TO PASS SUCH OTHER ORDER OR
ORDERS AS THIS HON'BLE COURT DEEMS FIT UNDER THE
FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING
THE COSTS 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 Insurance company on
the ground of quantum of compensation against the
Judgment and award dated 30.11.2021 in MVC No.634/2019
passed by the II Additional Senior Civil Judge and MACT,
Kalaburagi (for short 'the tribunal').
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2 The claimant who was aged about 28 years as on
the date of the accident i.e. on 12.03.2019 met with a road
traffic accident. He suffered grievous injuries and taken
treatment in the Hospital. He filed a claim petition claiming
compensation of Rs.33,00,000/-. The tribunal after
considering the material evidence on record awarded sum of
Rs.8,85,263/- along with interest at the rate of 6% per
annum from the date of petition till realization. Being
aggrieved by the said Judgment and award, the Insurance
company preferred the present appeal on the ground of
quantum of compensation.
3. This appeal is preferred mainly on the ground
that the disability assessed by the tribunal is on higher side
and excessive compensation has been awarded under
different heads.
4. The claimant was aged 28 years as on the date of
the accident. He stated that, he was earning a sum of
Rs.2,50,000/- per annum, but has not produced any income
proof. As per the guidelines of the Karnataka Legal Services
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HC-KAR
Authority, his income would be Rs.13,250/- per month for
the year 2019, hence, the income considered by the tribunal
in a sum of Rs.13,250/- is proper and correct and needs no
interference.
5. The claimant has suffered fracture of occipital
bone squamous, petrous and mastoid part of R-temporal
bone and greater wing of R-temporal and L-petrous mastoid
bone, SDH-in R-cerebral hemisphere, focal areas of
hemorrhagic contusion in R-TO cortex, brain edema, mass
effect and minimum pneumocephalus.
6. The claimant examined P.W.3 and he filed wound
certificate, discharge card and disability certificate. P.W.3
assessed the disability at 44% to the whole body. The 1/3rd
of the disability comes to 14.66%. Therefore, the tribunal
has taken disability at 15%. Therefore, this Court finds no
reasons to interfere in the said order.
7. Though the medical records produced by the
claimant is for Rs.1,81,000/-, but the tribunal erred in
granting a sum of Rs.3,45,063/- without basis and it is not
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reasonable and exorbitant, hence, this Court finds it fit to
award a sum of Rs.1,81,000/- towards medical expenses.
The compensation amount granted under the other heads
are proper and correct and needs no interference. Hence, the
compensation amount granted under different heads by this
Court is as under:
Sl.No. Heads of compensation Amount
1 Pain and suffering Rs.40,000/-
2 Loss of future income Rs.4,05,450/-
3 Attendant, food and conveyance Rs.30,000/-
charges
4 Medical expenses Rs.1,81,000/-
5 Loss of income during treatment Rs.39,750/-
period
6 Loss of amenities Rs.25,000/-
Total Rs.7,21,000/-
8. Accordingly, the following order:
ORDER
(i) The appeal filed by the Insurance
company is allowed in part;
(ii) The compensation amount awarded by
the tribunal in a sum of Rs.8,85,263/- is reduced
to Rs.7,21,200/- along with 6% interest from the
date of petition till realization.
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(iii) The statutory deposit if any made
before this Court by the Insurance company shall
be transmitted to the tribunal, forthwith;
(iv) If any excess amount is deposited by
the Insurance company before the tribunal shall
be refunded to the Insurance company,
forthwith;
(v) The claimant is permitted to withdraw
the entire compensation amount along with
interest accrued thereon.
Sd/-
(P SREE SUDHA)
JUDGE
Svh/-
