Karnataka High Court
The Divisional Manager vs Kiran Hanumantappa Gavarawad on 16 October, 2025
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NC: 2025:KHC-D:14015
MFA No. 22703 of 2013
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 16TH DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 22703 OF 2013 (MV-I)
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
SUJATHA COMPLEX, P.B. ROAD,
DHARWAD, REPRESENTED BY ITS DEPUTY MANAGER,
REGIONAL OFFICE, ARIHANT PLAZA,
KESHWAPUR, HUBLI-23.
...APPELLANT
(BY MISS ANUSHA SANGHAMI, ADVOCATE FOR
SRI. S.K. KAYAKAMATH, ADVOCATE)
AND:
1. KIRAN HANUMANTAPPA GAVARAWAD,
AGE: 08 YEARS, OCC: STUDENT,
R/O: BETAGERI, TQ: GADAG,
GIRIJA A.
BYAHATTI SINCE MINOR REPRESENTED BY HIS
Digitally signed by
NATURAL GUARDIAN FATHER
GIRIJA A. BYAHATTI
Location: HIGH HANUMANTAPPA RAMANNA GAVARAWAD,
COURT OF
KARNATAKA
DHARWAD BENCH
DHARWAD
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O. BETAGERI, TQ: GADAG.
2. SRI. VINAYAK NAGAPPA PALANAKAR,
AGE: MAJOR, OCC: BUSINESS,
R/O. BRAMMA CHAITANYA PARK,
2ND NEAR SADANAKERI, DHARWAD.
...RESPONDENTS
(BY SRI. SURESH P. HUDEDAGADDI, ADVOCATE FOR R1;
NOTICE TO RESPONDENT NO.2 IS SERVED)
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MFA No. 22703 of 2013
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO CALL THE RECORDS, HEAR
THE PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR BY
SETTING ASIDE THE JUDGMENT AND AWARD DATED 15-04-
2013 PASSED BY THE DISTRICT JUDGE AND MOTOR ACCIDENT
CLAIMS TRIBUNAL, GADAG IN M.V.C. NO.259/2011, WITH COST
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
1. Heard Ms.Anusha, who appears through Video
Conference and represents Sri.S.K.Kayakamath,
learned counsel on record for the appellant. Also heard
Sri.Suresh Hudedgaddi, learned counsel for
respondent No.1 who appears before this Court
physically.
2. Projecting that the sum that is awarded as
compensation by the Motor Accident Claims Tribunal,
Gadag through orders in MVC No.259/2011 dated
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HC-KAR
15.04.2013 is exorbitant, respondent No.2 therein
preferred the present appeal.
3. Arguing the matter, Ms.Anusha, who represents the
appellant submits that, no evidence whatsoever was
produced by respondent No.1/claimant to establish
that he suffers with permanent physical disability. No
doctor was examined and no disability certificate
produced. But the Tribunal granted Rs.1,73,865/- in
total as compensation and hence an appeal is filed.
Learned counsel thereby seeks to reduce the sum that
is awarded as compensation.
4. On the other hand, the submission that is made by
Sri.Suresh P. Hudedgaddi, learned counsel for
respondent No.1 is that, respondent No.1, a boy aged
6 years, met with a road traffic accident and suffered
a lot with the injuries sustained. He took treatment as
an inpatient for a period of 9 days and was confined to
bed for about 3 months. He could neither go to school
during that period nor attend his normal pursuits.
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HC-KAR
Therefore, the Tribunal awarded justifiable sum as
compensation.
5. It is not in dispute that respondent No.1/claimant
sustained a crush injury resulting in dislocation of the
first metatarsal of great toe. Equally it is not in dispute
that he took treatment as an inpatient for 9 days and
spent Rs.13,865/- for treatment. The Tribunal,
through the impugned order, granted a sum of
Rs.50,000/- towards 'pain and agony', Rs.13,865/-
towards 'medical expenses', Rs.10,000 for nursing
Rs.5,000/- towards 'loss of income of the attendant',
Rs.10,000/- towards 'future medical expenses',
Rs.20,000/- towards 'loss of marriage prospects'
Rs.20,000/- towards 'loss of academic year in
education' and Rs.20,000/- due to shortening of life
span.
6. Without there being any evidence regarding disability
and the requirement of future medical expenses, the
Tribunal granted compensation under those heads. A
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HC-KAR
sum of Rs.10,000/- is granted towards 'future medical
expenses' and Rs.20,000/- towards 'loss of marriage
prospects'. This Court is of the view the amount thus
granted totaling Rs.30,000/- is unjustifiable.
Therefore, the appeal is disposed of with the following
order:
ORDER
i. The appeal is allowed in part.
ii. The compensation that is granted by the Motor
Accident Claims Tribunal, Gadag through orders in
MVC No.259 of 2011 dated 15.04.2013 is reduced
by Rs.30,000/-.
iii. The amount in deposit, if any, be transmitted to the
concerned Tribunal immediately.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
