Karnataka High Court

Gurulingappa vs Channaveerappa And Anr on 12 September, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                      MFA No. 204366 of 2023


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                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                        DATED THIS THE 12TH DAY OF SEPTEMBER, 2025

                                           BEFORE

                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                        MISCL. FIRST APPEAL NO. 204366 OF 2023 (MV-I)

                   BETWEEN:

                        GURULINGAPPA
                        S/O CHANNAVERAPPA BALAD,
                        AGED ABOUT 29 YEARS,
                        OCC: DRIVER,
                        R/OF: NAGUR VILLAGE,
                        TQ: KAMALAPUR,
                        DISTRICT : KALABURAGI.
                                                                 ...APPELLANT

                   (BY SRI SANJEEV PATIL, ADVOCATE)

                   AND:
Digitally signed
by RENUKA          1.   CHANNAVEERAPPA
Location: HIGH          S/O ANNARAO REVANAGOL,
COURT OF                AGED ABOUT 46 YEARS,
KARNATAKA               OCC: OWNER OF HONDA MOTORCYCLE
                        NO. KA-32 /EN-0969,
                        R/OF: E/8/2036/1 HUMNABAD ROAD,
                        KALABURAGI -585 103.

                   2.   THE IFFCO - TOKIO INSURANCE COMPANY LIMITED,
                        THROUGH ITS BRANCH MANAGER,
                        3RD FLOOR, KISHAN KRUPA,
                        ABOVE KANVA MART,
                        OPPOSITE KANNADA BHAVAN MAIN ROAD,
                        KALABURAGI -585 103.
                                                           ...RESPONDENTS
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                                            NC: 2025:KHC-K:5394
                                        MFA No. 204366 of 2023


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(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2;
V/O DATED 23.08.2025 NOTICE TO R1 IS DISPENSED WITH)

     THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO EXERCISE ITS APPELLATE
JURISDICTION, CALL FOR THE ENTIRE LOWER COURT
RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED
04-07-2023 PASSED BY THE LEARNED I ADDL. SENIOR CIVIL
JUDGE AND MACT AT KALABURAGI IN MVC NO.649/2021 BY
ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR, IN
THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM:      HON'BLE MR. JUSTICE SHIVASHANKAR
            AMARANNAVAR


                         ORAL JUDGMENT

1. This appeal is filed by the claimant seeking

enhancement of compensation awarded in the Judgment and

award dated 04.07.2023 in MVC No.649/2021 by the I

Additional Senior Civil Judge and MACT, Kalaburagi, (for

short 'the tribunal').

2. The facts leading to filing of the claim petition are

as under:

That on 03.12.2020 at about 8.00 p.m., near Nagur

bridge, Nagur village, the claimant and his friend were

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proceeding on a motorcycle bearing registration No.KA-

32/EL-6970 towards their village, at that time, another

motorcycle bearing registration No.KA-32/EN-0969 being

driven by its rider in a rash and negligent manner, dashed to

the motorcycle of the claimant, due to which the claimant

sustained grievous injuries. The claimant taken treatment in

the Hospital and thereafter, filed claim petition before the

tribunal. The tribunal assessed the compensation and passed

the award. The claimant seeking enhancement of the said

compensation has filed the present appeal.

3. Heard the learned counsel for the appellant and

the learned counsel for the respondent No.2-Insurance

company.

4. Learned counsel for the appellant would contend

that, the claimant has sustained fracture of left tibia and

fibula and at the time of the accident, the appellant was

aged 26 years. Considering the fracture and other injuries,

the Doctor who examined him i.e. P.W.2 has issued disability

certificate-Ex.P.13, stating that, the claimant has suffered

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30% permanent disability, but tribunal has erred in taking

disability at 5%. He further submits that, the compensation

awarded by the tribunal under different heads i.e. pain and

suffering, loss of income during laid up period and loss of

amenities are on lower side. He further submits that, for

removal of implants, the claimant/appellant has to undergo

surgery, for which he requires future medical expenses and

the Doctor has stated that for that, the claimant requires a

sum of Rs.35,000/-. With this, he prayed to allow the appeal.

5. Learned counsel for the respondent No.2-

Insurance company would contend that, the tribunal has

rightly taken the disability considering the fracture etc., and

also the compensation awarded under other heads are just

and proper. With this he prayed for dismissal of the appeal.

6. Having heard the learned counsels, this Court has

perused the impugned Judgment and trial Court records.

7. The date of accident, age of claimant and liability

of the Insurance company are not in dispute. The accident

has taken place on 03.12.2020 and as on that date, the

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claimant was aged 27 years. Even though, it is contended

that, the claimant was driver by occupation, his driving

licence has not been produced in that regard.

8. P.W.2 is the Doctor who has issued Ex.P.13-

disablity certificate stating that, the claimant is having 30%

permanent disability. The claimant has sustained fracture of

left tibia and fibula. Considering the age of the claimant and

the fractures he suffered, the disability taken by the tribunal

at 5% is on lower side. Hence, the disability is to be taken at

15%. The income and the multiplier taken by the tribunal are

proper and correct. In view of the above, the claimant is

entitle to loss of future income as under:

Rs.13,750/- X 12 X 17 X 15% = Rs.4,20,750/-

9. Considering two fractures, the compensation

awarded under the head of pain and suffering in a sum of

Rs.40,000/- by the tribunal is on lower side. The claimant is

entitle to Rs.50,000/- under the head of pain and suffering.

The tribunal has awarded loss of income during laid up

period in a sum of Rs.27,500/-. Considering the injuries and

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fractures, the loss of income during laid up period has to be

awarded for three months in a sum of Rs.41,250/-

(Rs.13,750/- X 3 months). The tribunal has rightly awarded

medical expenses of Rs.81,109/- and Rs.20,000/- under the

head of attendant, food, diet and conveyance charges.

10. The claimant was aged 27 years as on the date of

the accident. The records do not indicate that, the claimant

is married or not. Considering the age of the claimant and

the fractures suffered, he is entitle to loss of amenities in a

sum of Rs.1,00,000/- as against Rs.20,000/- as awarded by

the tribunal. The Doctor has given evidence that, the

implants are fixed and for removal of the same, the claimant

requires to undergo surgery for which a sum of Rs.35,000/-

is required towards future medical expenses. The tribunal

has not awarded any amount for future medical expenses.

Considering the said evidence, the claimant is entitle to a

sum of Rs.30,000/- towards future medical expenses.

11. In view of the above, the claimant is entitle to

total compensation as follows:

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Sl.No. Heads of compensation Compensation awarded by this Court 1 Loss of future earnings Rs.4,20,750/- 2 Pain and sufferings Rs.50,000/- 3 Medical expenses Rs.81,109/- 4 Loss of income during laid up Rs.41,250/-

period 5 Attendant, food, diet and Rs.20,000/-

conveyance charges 6 Loss of amenities Rs.1,00,000/-

7. Future medical expenses Rs.30,000/-

Total Rs.7,43,109/-

12. The claimant is entitle to total compensation of

Rs.7,43,109/- as against Rs.3,28,859/- as awarded by the

tribunal with interest at the rate of 6% per annum.

13. In view of the above, the following:

ORDER

(i) The appeal is allowed in-part;

(ii) The appellant/claimant is entitle to total compensation of Rs.7,43,109/- as against Rs.3,28,859/- as awarded by the tribunal with interest at the rate of 6% per annum from the date of petition, till realization;

(iii) Respondent No.2-Insurance company shall deposit the award amount with interest within

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a period of eight weeks from this day, failing which it is liable to pay interest at 9% per annum;