Anil vs K. Sankaran And Anr
2025 Latest Caselaw 8254 Kant

Karnataka High Court

Anil vs K. Sankaran And Anr on 11 September, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                     MFA No. 201353 of 2021
                                                 C/W MFA No. 201494 of 2021

                    HC-KAR




                              IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                         DATED THIS THE 11TH DAY OF SEPTEMBER, 2025

                                            BEFORE

                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                         MISC. FIRST APPEAL NO.201353 OF 2021 (MV-I)
                                              C/W
                             MISC. FIRST APPEAL NO.201494 OF 2021

                    IN M.F.A.NO.201353/2021

                    BETWEEN:

                         MALAKARI
                         S/O NINGAPPA PUJARI,
                         AGE: 47 YEARS,
                         OCC: AGRICULTURE,
                         R/O: BABALAD, TQ: AKKALKOT,
                         ALSO RESIDING AT PUJARI LANE,
                         KASAGERI ROAD, VIJAYAPURA.
                                                                ...APPELLANT
Digitally signed
by RENUKA
Location: HIGH      (BY SRI SANGANAGOUDA V.BIRADAR, ADVOCATE)
COURT OF
KARNATAKA
                    AND:

                    1.   K. SANKARAN
                         AGE: 47 YEARS,
                         OCC: BUSINESS,
                         R/O: A/119/2,
                         KARAWALI VILLAGE,
                         BHIWANDI BYPASS, BHIWANDI,
                         DIST: THANE - 421 302.
                              -2-
                                       NC: 2025:KHC-K:5332
                                   MFA No. 201353 of 2021
                               C/W MFA No. 201494 of 2021

HC-KAR




2.    THE BRANCH MANAGER,
      SBI GENERAL INSURANCE CO. LTD.,
      "NATARAJ" 101, 201 AND 301,
      JUNCTION OF WESTERN EXPRESS,
      HIGHWAY AND ANDHERI KURLA- ROAD,
      ANDHERI EAST, MUMBAI - 400 069.

                                            ...RESPONDENTS

(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2;
V/O DATED 04.01.2022 NOTICE TO R1 IS DISPENSED WITH)

       THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE JUDGMENT AND AWARD DATED 03.11.2015
PASSED BY THE MACT-XII, VIJAYAPUR IN MVC.NO.1993/2013
AND      CONSEQUENTLY   BE   PLEASED   TO   ENHANCE   THE
COMPENSATION FROM RS.2,37,275/- TO RS.10,00,000/- WITH
INTEREST @ 12% PER ANNUM FROM THE DATE OF PETITION
TILL ACTUAL REALIZATION, IN THE INTEREST OF JUSTICE AND
EQUITY.


IN M.F.A.NO.201494/2021

BETWEEN:

      ANIL
      S/O MALAKARI PUJARI,
      AGE: 21 YEARS,
      OCC: STUDENT,
      R/O: BABALAD, TQ: AKKALKOT,
      ALSO RESIDING AT PUJARI LANE,
      KASAGERI ROAD, VIJAYAPURA.
                                              ...APPELLANT

(BY SRI SANGANAGOUDA V.BIRADAR, ADVOCATE)
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                                   MFA No. 201353 of 2021
                               C/W MFA No. 201494 of 2021

HC-KAR




AND:

1.    K. SANKARAN
      AGE: 47 YEARS,
      OCC: BUSINESS,
      R/O: A/119/2,
      KARAWALI VILLAGE,
      BHIWANDI BYPASS, BHIWANDI,
      DIST: THANE - 421 302.

2.    THE BRANCH MANAGER,
      SBI GENERAL INSURANCE CO. LTD.,
      "NATARAJ" 101, 201 AND 301,
      JUNCTION OF WESTERN EXPRESS,
      HIGHWAY AND ANDHERI KURLA- ROAD,
      ANDHERI EAST, MUMBAI - 400 069.


                                            ...RESPONDENTS

(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2;
V/O DATED 07.12.2021 NOTICE TO R1 IS DISPENSED WITH)

       THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE JUDGMENT AND AWARD DATED 03.11.2015
PASSED BY THE MACT-XII, VIJAYAPUR IN MVC NO.1994/2013
AND      CONSEQUENTLY   BE   PLEASED   TO   ENHANCE   THE
COMPENSATION FROM RS.1,28,000/- TO RS.7,00,000/- WITH
INTEREST @ 12% PER ANNUM FROM THE DATE OF PETITION
TILL ACTUAL REALIZATION, IN THE INTEREST OF JUSTICE AND
EQUITY.


       TEHSE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                     MFA No. 201353 of 2021
                                 C/W MFA No. 201494 of 2021

HC-KAR




CORAM:    HON'BLE MR. JUSTICE SHIVASHANKAR
          AMARANNAVAR


                        ORAL JUDGMENT

In MFA No.201353/2021:

Learned counsel for the appellant has filed a memo

seeking permission of the Court to withdraw the appeal.

Memo reads thus:

"Advocate for appellant herein respectfully

submits that in the above mentioned appeal, I

have filed double petition by oversight and

another MFA No.200678/2016 and the same

settled before the Lok-Adalath. Hence, the above

appeal is not maintainable. Hence, this Hon'ble

Court please to dismiss the appeal as withdrawal

in the interest of justice and equity."

In view of the memo, the appeal in MFA

No.201353/2021 is dismissed as withdrawn.

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In MFA No.201494/2021:

The appeal in MFA No.201494/2021 is filed seeking

enhancement of compensation awarded by the Tribunal in

the judgment dated 03.11.2015 passed in

MVC.No.1994/2013 by the MACT-XII, Vijayapura (for

short, 'the Tribunal').

2. The facts leading to filing of claim petition are

as under:-

That on 03.11.2013 at about 11.30 hours when the

claimant in MVC.No.1993/2013 along with his son as

pillion rider (claimant in MVC.No.1994/2013) were going

on motorcycle bearing No.MH-13-AN-7484 going towards

Vijayapura side, from Horti side and it was ridden in a slow

and cautious manner, at that time one Tanker Lorry

bearing No.MH-04-DS-3140 came from opposite direction

in a high speed and rash and negligent manner and driver

being unable to control it came on wrong side and dashed

to the said motorcycle and caused accident. On account of

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the said accident, both the claimants sustained fractures

and other injuries. The claimants filed the claim petitions

and the Tribunal assessed the compensation and passed

the award. The claimant in MFA No.201494/2021 has

sought for enhancement of compensation as awarded by

the Tribunal.

3. Heard learned counsel for the appellant and

learned counsel for respondent No.2-Insurance Company.

4. Learned counsel for appellant would contend

that the injured is a boy aged about 14 years and there is

fracture of right femur and doctor has assessed disability

at 20 to 25% to the whole body and Tribunal has erred in

taking the disability at 8%. He submits that the claimant

is entitled to compensation as per the decision of the

Hon'ble Apex Court in the case of Master Mallikarjun vs.

Divisional Manager, National Insurance Company

Limited and Another reported in (2014) 14 SCC 396

with escalation at 20%. The Tribunal has not awarded any

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compensation towards loss of income of the parents during

the treatment period. With this he prayed for

enhancement of compensation.

5. Learned counsel for respondent No.2-Insurance

Company would submit that the Tribunal has rightly

assessed the disability and awarded the compensation,

which is just and proper. With this he prayed for dismissal

of appeal.

6. Having heard learned counsel for the appellant

and learned counsel for respondent No.2-Insurance

Company, this Court has perused the impugned judgment

and other materials placed on record.

The claimant in the present case was aged 14 years as on

the date of accident. As per evidence of PW.2-Doctor,

wound certificate-Ex.P13 and disability certificate-Ex.P16

claimant has sustained fracture of right femur and doctor

has assessed disability to the whole body at 20 to 25%.

The Tribunal has erred in taking the disability at 8%. The

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Tribunal ought to have taken disability more than 10%. In

view of the decision of the Hon'ble Apex Court in the case

of Mallikarjun (supra) as disability is more than 10%, the

claimant is entitled to compensation of Rs.3,00,000/- for

pain and suffering. Already undergone and to be suffered

in future, mental and physical shock, hardship,

inconvenience, and discomforts, etc., and loss of amenities

in life on account of permanent disability.

7. The accident in the case of Mallikarjun (supra)

was taken place in the year 2006 and the accident in the

present case has taken place in the year 2013 and there is

a gap of 7 years, therefore, the escalation has to be

considered at 20%. Therefore, the claimant is entitled to

Rs.3,00,000/- + Rs.60,000/- = Rs.3,60,000/- under the

said head.

8. The Tribunal has rightly awarded Rs.50,000/-

towards medical expenses.

  Sl.                                 Amount awarded
                 Heads
  No                                   by this Court
  1. Pain and suffering                   Rs.3,60,000/-
  2. Medical expenses                       Rs.50,000/-
  3. Loss of income of parents              Rs.21,000/-
      during treatment period
                              Total      Rs.4,31,000/-