Karnataka High Court
Anil Kumar S/O Ramanna Raigond vs Mallappa S/O Peerappa And Anr on 29 October, 2025
-1-
NC: 2025:KHC-K:6377
MFA No. 200701 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 200701 OF 2023 (MV-I)
BETWEEN:
ANIL KUMAR S/O. RAMANNA RAIGOND,
AGE 45 YEARS, OCC. LORRY DRIVER,
R/O VILLAGE ALIAMBER-585402.
TQ AND DIST: BIDAR.
...APPELLANT
(BY SRI. SANTOSH BIRADAR,ADVOCATE)
AND:
1. MALLAPPA
S/O. PEERAPPA,
AGE MAJOR, OCC. TRANSPORT OPERATOR,
Digitally signed R/O H. NO.8-14-78/3, RAJENDRA NAGAR,
by SUMITRA RANGAREDDY-501218.
SHERIGAR
DIST. TELANGANA.
Location:
HIGH COURT
OF 2. THE BRANCH MANAGER
KARNATAKA NATIONAL INSURANCE CO. LTD.,
VEERBHADRESHWAR CHAMBERS,
DOOR NO. 8-10-135/1, AND IA,
OPP. NEHRU STADIUM, BIDAR-585401.
...RESPONDENTS
(BY SRI. MANVENDRA REDDY, ADV. FOR R2;
V/O. DATED 15.02.2023, NOTICE TO R1 D/W)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THE APPEAL, MODIFY THE IMPUGNED JUDGMENT AND
-2-
NC: 2025:KHC-K:6377
MFA No. 200701 of 2023
HC-KAR
AWARD DATED 22.07.2022 PASSED BY THE COURT OF THE
PRL. SENIOR CIVIL JUDGE, CJM AND ADDL MACT AT BIDAR, IN
MVC NO. 201/2018, AND ENHANCE THE COMPENSATION AS
PRAYED FOR, IN THE INTEREST OF JUSTICE.
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 preferred by the claimant against
the Judgment and award dated 22.07.2022 passed in MVC
No.201/2018 by the Principal Civil Judge and CJM and Addl.
MACT, Bidar (for short 'the tribunal') seeking enhancement
of the compensation awarded by the tribunal.
2. The claimant met with accident on 02.11.2017
and suffered grievous injuries for which he took treatment in
the hospital. He filed claim petition seeking compensation of
Rs.19,25,000/- before the tribunal. The tribunal after
considering the entire evidence on record, has awarded a
sum of Rs.3,23,737/- along with interest at the rate of 9%
per annum from the date of petition till the date of
realization. Aggrieved by the said Judgment and award, the
NC: 2025:KHC-K:6377
HC-KAR
claimant preferred the present appeal seeking enhancement
of the compensation.
3. Learned counsel for the claimant/appellant mainly
contended that, the claimant was working as a lorry driver
and also having driving license for transport vehicle which is
marked at Ex.P.12. It is stated that, he was aged 43 years at
the time of accident and was earning a sum of Rs.33,000/-
per month. He suffered fracture of right tibia and fibula with
facial injuries. The Doctor P.W.2 assessed the disability of
the claimant at 44% to the limb. The disability certificate is
marked at Ex.P.10. The tribunal has erred in taking the
disability at 11%. His income was also wrongly taken as
Rs.10,750/- per month. He was inpatient for several days.
After discharge from the hospital he continued treatment for
several months. Further he submitted that, the amounts
granted under other heads are also on lower side. Therefore,
he requests to enhance the compensation awarded by the
tribunal.
4. Learned counsel for the respondent No.2-
Insurance Company contended that, the Tribunal has
NC: 2025:KHC-K:6377
HC-KAR
rightly taken 1/3rd of the disability assessed by the Doctor
and it needs no interference and the interest is to be
granted at the rate of 6% instead of 9%.
5. The claimant filed wound certificate which is
marked at Ex.P.3. As per the Ex.P.3., the claimant suffered
cut lacerated wound over upper lip, cut lacerated wound
below right eyebrow, active bleeding from left ear, cut
lacerated wound below right knee around, multiple abrasion
over right hand. Injury No.1 to 4 are grievous injuries and
injury No.5 is simple injury. He underwent surgery for
implant fixation and spent more than one and half lakhs. He
took treatment for one month from 03.11.2017 and
discharged on 02.12.2017. Since, Injury No.1 to 4 are
grievous injuries and injury No.5 is simple injury, the Doctor
has assessed the disability of tibia and fibula as 44% and
considered the disability to the whole body at 11%. The
Doctor has stated that the claimant has suffered fracture of
grade 3/B to the right tibia, malunited fracture tibia with
sclerosis with malunited fracture proximal fibula. Learned
counsel for the claimant/appellant contended that, he also
NC: 2025:KHC-K:6377
HC-KAR
sustained facial fractures. Therefore, this Court finds it
reasonable to take the disability at 30%.
6. The Tribunal has observed in paragraph 12 that
the notional income for the year 2017 is Rs.10,250/- per
month, but while calculating the compensation towards
loss of future income, it was taken as Rs.10,750/-. Hence,
as per the guidelines of the Karnataka State Legal Services
Authority, as the appellant met with an accident in the
year 2017, his notional income is to be taken at
Rs.10,250/- per month.
7. Considering the age of the deceased, the
multiplier of 14 adopted by the Tribunal is just and proper.
8. Thereby, the loss of future income comes to
Rs.10,250 x 12 x 14 x 30% = Rs.5,16,600/-.
9. The amount awarded by the Tribunal towards
medical expenses to the tune of Rs.32,827/- is just and
proper and it needs no interference.
NC: 2025:KHC-K:6377
HC-KAR
10. Considering the nature of injuries, period of
hospitalisation and other factors, this Court finds it
reasonable to grant an amount of Rs.75,000/- for pain and
suffering, Rs.25,000/- for loss of amenities and
Rs.30,000/- for transportation, extra nourishment and
attendant charges.
11. Due to the injuries sustained in the accident,
the appellant might not have attended any work at least
for a period of three months. Therefore, this Court finds it
reasonable to grant an amount of Rs.61,500/- (Rs.10,250
x 3) for loss of income during laid up period.
12. Hence, the appellant is entitled for the modified
compensation under different heads as below:
Pain and suffering Rs.75,000/-
Medical expenses Rs.32,827/-
Transportation, extra nourishment, and Rs.30,000/-
attendant charges
Loss of income during laid up period Rs.61,500/-
Loss of future earnings Rs.5,16,600/-
Loss of amenities Rs.25,000/-
Total Rs.7,40,927/-
Less: awarded by Tribunal Rs.3,23,737/-
Enhancement Rs.4,17,190/-
NC: 2025:KHC-K:6377
HC-KAR
13. Thus, the appellant is entitled for enhanced
compensation of Rs.4,17,190/- with interest at 6% per
annum and therefore, the appeal deserves to be allowed in
part.
14. In the result, the following order is passed:
(i) Appeal is allowed in part.
(ii) The appellant/claimant is entitled for
the enhanced compensation of Rs.4,17,190/- with
interest at 6% per annum from the date of
petition till the date of realization.
(iii) Respondent No.2-Insurance Company
is directed to deposit the aforesaid compensation
amount within one month from the date of this
judgment.
(iv) On such deposit, the appellant is
permitted to withdraw the entire amount along
with interest accrued on it.
sd/-
(P SREE SUDHA)
JUDGE
SVH,LG
