Karnataka High Court

Gopal Mahadev Gouda vs Sri.Siddartha Chokappa Naik on 23 October, 2025

Author: S G Pandit

Bench: S G Pandit

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MFA No. 100664 of 2020

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 23RD DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO. 100664 OF 2020 (MV-I)
BETWEEN:
GOPAL MAHADEV GOUDA
AGE: 25 YEARS, OCC: CARPENTER,
FABRICATION AND DOOR FITTING WORKS,
R/O: SEA BIRD COLONY, BELEKERI, ANKOLA.
...APPELLANT
(BY SRI. HAREESHA S. NAYAK, ADVOCATE)

AND:
1. SRI. SIDDARTHA CHOKAPPA NAIK
AGE: MAJOR, DRIVER OF CAR NO.36/M6210,
R/O: AVERSA ANKOLA, UTTARA KANNADA-581314.

2. SRI. RAMACHANDRA HONNAPPA NAYAK
AGE: MAJOR, OWNER OF CAR NO.KA36/M-6210,
R/O: AVERSA, ANKOLA, UTTARA KANNADA-581314.
VISHAL
NINGAPPA
PATTIHAL
Digitally signed by VISHAL
NINGAPPA PATTIHAL
Location: HIGH COURT OF
3. BRANCH MANAGER,
KARNATAKA DHARWAD
BENCH

RELIANCE GENERAL INSURANCE COMPANY,
MAXIMS, COMMERCIAL COMPLEX, 4TH FLOOR,
LIGHT HOUSE HILL ROAD, HAMPANKATTA, MANGALORE.
POLICE NO.6104262311001322.
...RESPONDENTS
(BY SRI. S.V. YAJI, ADVOCATE FOR R3;
NOTICE TO R1 & R2-DISPENSED WITH)

THIS MFA IS FILED UNDER SEC.173(1) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 30.09.2019
PASSED IN MVC NO.514/2017 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
ANKOLA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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MFA No. 100664 of 2020

HC-KAR

THIS MFA COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S G PANDIT)

The claimant-injured is before this Court dissatisfied with

the quantum of compensation awarded under judgment and

award dated 30.9.2019 in M.V.C. No.514/2017 on the file of

learned Senior Civil Judge and Addl. MACT, Ankola (for short,

'Tribunal'), praying for enhancement of compensation.

2. Heard learned counsel Sri. Hareesha S Nayak for the

appellant and Sri.S.V.Yaji, learned counsel for respondent-

Insurance Company and perused the appeal papers.

3. The appellant/claimant filed a claim petition under

Section 166 of the M.V. Act claiming compensation for the

injuries sustained by him in a road traffic accident that occurred

on 16.04.2017 involving Bike bearing registration No.KA-25/EY-

9223 and Car bearing registration No.KA-36-610. It is stated

that the appellant/claimant was aged 25 years as on the date of

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the accident and working as carpenter at Sakshi Hardware,

earning Rs.20,000/- per month.

4. On issuance of notice, respondent-Insurance

Company appeared through its counsel and filed statement of

objections denying the entire averments made in the claim

petition. It was contended that due to negligence on the part of

rider of the bike, the accident took place and the claimant has

not sustained any injuries. Hence, sought for dismissal of the

claim petition.

5. The claimant in support of his case examined himself

as PW1 and examined three witnesses as PW2 to PW4 apart from

marking documents as Exs.P1 to P13. The respondents did not

examine any witness but marked insurance policy as Ex.R1. The

Tribunal on appreciation of material on record, awarded total

compensation of Rs.8,65,000/- with interest at 6% per annum

from the date of petition till realization on the following heads:

Pain & suffering                                  Rs. 50,000/-
Loss of future earnings                           Rs.3,70,000/-
Medical expenses                                  Rs.3,40,000/-
Food & nourishment                                Rs. 20,000/-
Attendant Charges                                 Rs. 20,000/-
Traveling Expenses                                Rs. 10,000/-
Loss of income during laid-up period              Rs. 55,000/-
                                                  -----------------
            Total                                 Rs.8,65,000/-

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6. While awarding the above compensation, the Tribunal

assessed notional income of the claimant/injured at Rs.9,000/-

per month, applied multiplier of 17 and assessed whole body

disability of the injured at 20%. Not being satisfied with the

quantum of compensation, the claimant is before this Court

praying for enhancement of compensation.

7. Sri.Hareesha S Nayak, learned counsel for the

appellant/injured would submit that notional income of the

claimant assessed by the Tribunal at Rs.9,000/- per month is on

the lower side, inasmuch as he was working as Carpenter and

earning Rs.20,000/- per month. He submits that the Tribunal

has not awarded any compensation under the head loss of

amenities. He further submits that the Tribunal committed an

error in awarding meager compensation under each head, which

requires to be modified by awarding appropriately. Thus, he

prays for enhancement of compensation by allowing the appeal.

8. Per contra, Sri.S.V. Yaji, learned counsel for

respondent-Insurance Company contends that in the absence of

cogent and acceptable evidence to prove the income of the

injured, the Tribunal has rightly assessed the notional income of

the injured at Rs.9,000/- per moth. He further submits that the

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quantum of compensation awarded by the Tribunal is just and

proper, which needs no interference. Thus, he prays for dismissal

of the appeal.

9. Having heard the learned counsel for the parties and

on perusal of the appeal papers, the only point that would arise

for consideration in this appeal is, whether the

appellant/claimant would be entitled for enhanced

compensation?

10. Answer to the above point would be in the

'affirmative' for the following reasons.

11. The occurrence of the accident that took place on

16.04.2017 involving Bike bearing registration No.KA-25/EY-

9223 and Car bearing registration No.KA-36-610 resulting in

injuries to the claimant is not in dispute in this appeal. The

claimant is before this Court praying for enhancement of

compensation. The Tribunal assessed notional income of the

claimant at Rs.9,000/- per month. It is stated that the claimant

was working as carpenter and earning Rs.20,000/- per month.

To substantiate the said contention, the claimant has not

produced any cogent material on record. In the absence of any

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cogent evidence to establish the avocation and income of the

injured, this Court and Lok Adalath while settling the

accidental claims of the year 2017 would normally assess

notional income at Rs.10,250/- per month, taking note of the

income chart prepared by KSLSA based on various factors

including the minimum wage fixed. Therefore, in the instant

case also, in the absence of any corroborative document to

establish the income of the injured, we are of the opinion that

it would be just and appropriate for us to determine notional

income of the injured at Rs.10,250/- p.m., taking note of the

income chart prepared by KSLSA and also the minimum wage

fixed.

12. As per Ex.P11-Disability Certificate, the

claimant/injured has sustained fracture of both right and left

femur. In support of his case, the claimant examined PW2-

Doctor, who has deposed in his evidence that the

injured/claimant has suffered 35% permanent physical disability

to the whole body. However, the Tribunal assessed functional

disability of the claimant at 20% to the whole body, which in our

view is just and proper and requires no interference.

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13. There is no dispute with regard to the age of the

claimant i.e. 26 years and proper multiplier of 17 to the age of

the claimant. Thus, the claimant would be entitled to

compensation on the head of loss of future earnings at

Rs.4,18,200/- (Rs.10,250 X 12 (months) x 17(multiplier) x

20/100 (disability).

14. The Tribunal awarded a sum of Rs.50,000/- on the

head of pain and suffering, which is on the lower side.

Considering the nature of injuries and also fracture sustained by

the claimant, the amount awarded on the said head is enhanced

to Rs.75,000/-. No compensation has been awarded towards

loss of amenities. Since the claimant has suffered fracture of

right and left femur and he was an inpatient for a period of 16

days, we are of the view that it would be just and appropriate to

award a sum of Rs.40,000/- towards loss of amenities and

Rs.61,500/- (Rs.10,250 x 6 months) towards loss of income

during laid-up period.

15. The Tribunal awarded a sum of Rs.50,000/-

towards food, nourishment, attendant charges and traveling

expenses, which is just and proper and does not call for

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modification. The Tribunal awarded a sum of Rs.3,40,000/-

towards medical expenses as per medical bills produced by the

claimant, which in our view is just and proper and the same is

undisturbed.

16. Thus, the claimant would be entitled to modified

compensation as under:

Sl.No.            Particulars                       Amount
1.     Pain and suffering                     Rs.   75,000/-
2.     Loss of income during laid-up          Rs.   61,500/-
       period for six months
3.     Loss of future earnings                Rs.4,18,200/-
4.     Loss of amenities                      Rs. 40,000/-
5.     Medical expenses                       Rs.3,40,000/-
6.     Food, Nourishment, attendant           Rs. 50,000/-
       charges & Traveling expenses
                     Total                    Rs.9,84,700/-

     17.   Thus,     the   claimant   would    be   entitled   to   total

compensation    of   Rs.9,84,700/-      as    against   Rs.8,65,000/-

awarded by the Tribunal.

18. Hence, we pass the following order:

ORDER

a) The appeal is allowed in part.

b) The impugned judgment & award passed by the Tribunal is modified to an extent that the claimant would be entitled to total

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compensation of Rs.9,84,700/- as against Rs.8,65,000/- awarded by Tribunal.

c) The enhanced compensation amount will bear interest at the rate of 6% per annum from the date of petition till realization.

d) Respondent-Insurance Company shall deposit the enhanced compensation amount along with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment.