Karnataka High Court
Mallikarjun vs Baramanna And Anr on 4 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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MFA No. 202289 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISC. FIRST APPEAL NO.202289 OF 2024 (MV-I)
BETWEEN:
MALLIKARJUN
S/O BAILAPPA NEDALGI,
AGE: 45 YEARS,
OCC: AGRICULTURE,
R/O: NELOGI,
TQ: JEWARGI,
NOW AT PLOT NO.1575, GDA LAYOUT,
KOTNOOR (D), KALABURAGI - 585 101.
...APPELLANT
Digitally signed
by KHAJAAMEEN
MALAGHAN
Location: HIGH
COURT OF (BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)
KARNATAKA
AND:
1. BARAMANNA
S/O MASHAPPA DANDAGUNDAKAR,
AGE: MAJOR,
OCC: OWNER OF MOTORCYCLE,
BEARING REG. NO.
KA-32/EM-8775,
R/O : KEER BHOPAL TEGNUR,
TQ: AND DIST: KALABURAGI - 585 101.
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MFA No. 202289 of 2024
HC-KAR
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
OPP: SANGAM TALKIES,
SUPER MARKET, CENTURY COMPLEX,
KALABURAGI - 585 101.
...RESPONDENTS
(BY SRI S.S.ASPALLI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE
COMPENSATION AMOUNT PAYABLE TO THE APPELLANT BY
SUITABLY MODIFYING THE JUDGMENT AND AWARD DATED
10.04.2024 PASSED BY LEARNED II ADDL. SENIOT CIVIL
JUDGE AND MACT, KALABURAGI IN MVC.NO.618/2019, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS MFA, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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MFA No. 202289 of 2024
HC-KAR
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the appellant - claimant
seeking enhancement of compensation as awarded by the
Tribunal in judgment and award dated 10.04.2024 passed
in MVC.No.618/2019 by the II Additional Senior Civil Judge
and MACT, Kalaburagi.
02. The facts leading to filing of claim petition are
that on 08.02.2019 at about 12.00 noon, the appellant -
claimant was waiting for bus at Bijapur cross in Jewargi to
go to Nelogi, at that time the rider of the motorcycle
bearing No.KA-32-EM-8775 came from Jewargi in high
speed, rash and negligent manner and dashed to the
appellant - claimant, who was standing by the side of the
road. Due to which, he sustained fracture of right tibia and
other injuries. The appellant - claimant has taken
treatment as inpatient from 08.02.2019 to 15.02.2019.
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The appellant - claimant has filed claim petition before the
Tribunal. The Tribunal after recording the evidence has
assessed the compensation and awarded a sum of
Rs.3,21,176/- with interest at the rate of 6% p.a.
03. Being not satisfied with the award amount, the
appellant - claimant is before this Court seeking
enhancement of compensation.
04. Heard the learned counsel for the appellant -
claimant and respondent No.2 - insurance company.
05. Learned counsel for the appellant - claimant
would contend that the doctor who has assessed the
disability has been examined as PW.2 and in his evidence
and in Ex.P.9 - disability certificate, he has stated that the
disability is 28% of the whole body. The Tribunal has erred
in taking the disability only at 4%. He further submits that
the appellant - claimant has sustained fracture of tibia and
fibula and plates are fixed. Considering the same, the
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compensation awarded by the Tribunal under the head of
pain and suffering, loss of income during the laid up period
and loss of amenities are on lower side. With these, he
prayed to enhance the compensation.
06. Learned counsel for respondent No.2 -
insurance company would contend that the doctor who has
issued the disability certificate is not a treated doctor and
the Tribunal has rightly taken the disability at 4%. He
further stated that the compensation awarded by the
Tribunal in all other heads are just and proper. With these,
he prayed to dismiss the appeal.
07. Having heard the learned counsel for the
appellant - claimant and learned counsel for respondent
No.2 - insurance company, this Court perused the
impugned judgment and award and other materials placed
on record.
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08. The date of accident, age of the appellant -
claimant and the liability of the respondent No.2 -
insurance company are not in dispute. The appellant -
claimant was aged 39 years and the date of accident was
08.02.2019.
09. The appellant - claimant has sustained the
fracture of tibia and fibula and he has taken treatment as
inpatient from 08.02.2019 to 15.02.2019. PW.2 is the
doctor who has issued Ex.P.9 - disability certificate. As per
PW.2 - Doctor, the disability of the appellant - claimant is
at 28% of the whole body. Considering the said fracture of
tibia and fibula and evidence of the doctor, the Tribunal
ought to have taken disability at 9% instead of 4%. The
Tribunal has rightly taken the income and multiplier.
10. In view of the above, the appellant - claimant is
entitled for the loss of future income as under:-
Rs.13,250/- x 12 x 17 x 9% = Rs.2,43,270/-.
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11. The Tribunal has awarded compensation in a
sum of Rs.40,000/- towards pain and suffering, towards
the loss of future amenities and loss of happiness in a sum
of Rs.20,000/-. As the appellant - claimant has sustained
two fractures that is tibia and fibula, the appellant -
claimant is entitled to pain and suffering in a sum of
Rs.50,000/- and towards loss of future amenities and loss
of happiness in a sum of Rs.50,000/-.
12. The appellant - claimant has been admitted in
the hospital for 08 days. Considering the same, the
Tribunal has rightly awarded the compensation in a sum of
Rs.20,000/- towards nutritious food and attendant
charges.
13. The appellant - claimant is entitled to loss of
income during the laid up period for 03 months. The
appellant - claimant is entitled in a sum of Rs.39,750/-
(Rs.13,250/- x 3) as against Rs.26,500/- as awarded by
the Tribunal.
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14. The Tribunal has rightly awarded the
compensation towards medical expenses at Rs.1,25,636/-.
15. The appellant - claimant has been fixed with
plates and it requires to be removed, therefore, he is
entitled for future medical expenses in a sum of
Rs.30,000/-.
16. Considering the above aspects, the appellant -
claimant is entitled to compensation as under :-
Sl. Heads of Compensation
No. compensation awarded by this Court
1 Loss of future earnings Rs.2,43,270/-
2 Pain and sufferings Rs.50,000/-
3 Medical expenses Rs.1,25,636/-
4 Future medical expenses Rs.30,000/-
5. Nutritious food and Rs.20,000/-
attendant charges
6. Loss of amenities Rs.50,000/-
7. Loss of income during Rs.39,750
the laid up period
Total Rs.5.58,656/-
17. The appellant - claimant is entitled to total
compensation of Rs.5,58,656/- as against Rs.3,21,176/-
as awarded by the Tribunal.
18. In view of the above, the following;
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ORDER
I. The appeal is allowed in part.
II. The appellant - claimant is entitled to total
compensation of Rs.5,58,656/- with interest at the
rate of 6% p.a. from the date of petition till its
realization.
III. Respondent No.2 - insurance company shall deposit
the said award amount with interest before the
Tribunal within a period of 08 weeks from this day,
failing which it is liable to pay interest at the rate of
9% p.a.
IV. The order of deposit passed by the Tribunal is
remained unaltered.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KJJ
Ct;Vk
