Karnataka High Court

Subhashchandra @ Subhash vs Kalesh Kumar And Anr on 16 September, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                              -1-
                                                           NC: 2025:KHC-K:5463
                                                      MFA No. 201042 of 2024


                    HC-KAR




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                        DATED THIS THE 16TH DAY OF SEPTEMBER, 2025

                                           BEFORE

                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                        MISCL. FIRST APPEAL NO. 201042 OF 2024 (MV-I)

                   BETWEEN:

                        SUBHASHCHANDRA @ SUBHASH
                        S/O HANUMANTHARAO,
                        AGE: 46 YEARS, OCC: AGRICULTURE,
                        R/O: H.NO.1-60-1 HANUM PRATAP,
                        NEELIHALLI, TQ: SEDAM,
                        DISTRICT KALABURAGI.
                                                                  ...APPELLANT
                   (BY SRI SANJEEV PATIL, ADVOCATE)

                   AND:

                   1.   KALESH KUMAR S/O NAGAMURTI,
                        AGE: 22 YEARS, OCC: BUSINESS,
Digitally signed        R/O: GADIKESHWAR,
by RENUKA
                        TQ: CHINCHOLI,
Location: HIGH
COURT OF                DISTRICT KALABURAGI - 585 703.
KARNATAKA
                   2.   IFFCO TOKIO GENERAL INSURANCE
                        COMPANY LIMITED,
                        THROUGH ITS MANAGER LEGAL,
                        OPPOSITE GESCOM OFFICE,
                        STATION ROAD, KALABURAGI - 585 102.

                                                              ...RESPONDENTS

                   (BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2;
                   V/O DATED 26.06.2024 NOTICE TO R1 IS DISPENSED WITH)
                                  -2-
                                           NC: 2025:KHC-K:5463
                                       MFA No. 201042 of 2024


HC-KAR




     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
04.01.2024 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND
MACT AT KALABURAGI IN MVC NO.17/2022 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

Though this appeal is listed for admission, with the

consent of learned counsel for both sides, it is taken up for

final disposal.

Being aggrieved by the judgment and award dated

04.01.2024 passed in MVC No.17/2022 by the I-Addl.

Senior Civil Judge & MACT, Kalaburagi (hereinafter

referred to as 'the Tribunal' for short), the appellant-

NC: 2025:KHC-K:5463

HC-KAR

claimant is before this Court seeking enhancement of

compensation.

2. Brief facts leading to filing of claim petition are

that, on 25.03.2021 at about 6:00 a.m. when the

claimant, his wife, one Shankar Gouda and his employees

were proceeding to their land in a bullock-cart, near

Beeranalli cross, on Sedam-Kalaburagi road, at that time,

the driver of a Maruti Swift VDI Car bearing No.KA-33/M-

2202 came from back side with high speed in a rash and

negligent manner and dashed to the said bullock-cart and

caused the accident. Due to which, the claimant sustained

grievous injuries. The injuries have resulted in permanent

partial disability and same has affected his future earning

capacity. The claimant took treatment in Dhanvanthari

hospital, Kalaburagi. The claimant filed the claim petition.

The Tribunal has assessed the compensation and passed

the impugned award. Not being satisfied with the award

amount, the appellant-claimant has filed the present

appeal.

NC: 2025:KHC-K:5463

HC-KAR

3. Heard learned counsel for the appellant-

claimant and learned counsel for respondent No.2-

Insurance Company.

4. Learned counsel for the appellant-claimant

would contend that the appellant-claimant was

agriculturist and he sustained fracture of medial malleolus

and fracture of lateral malleolus and lower shaft of fibula

and he was admitted in hospital for six days. The Doctor

who examined him i.e. PW.2 issued disability certificate -

Ex.P7 has stated that the claimant has 30% permanent

disability and considering the same the Tribunal has erred

in taking disability at 10%, which is on the lower side. He

further submits that the compensation awarded towards

pain and suffering; attendant charges; future medical

expenses; loss of income during treatment period; loss of

amenities are on lower side, which needs to be enhanced.

Hence, seeks for enhancement of compensation by

allowing the appeal.

NC: 2025:KHC-K:5463

HC-KAR

5. Per contra, learned counsel for the respondent

No.2-Insurance Company would contend that the

compensation awarded by the Tribunal is adequate

considering the age, income and avocation of the claimant

and there is no need for any interference by this Court.

Hence, prays for dismissal of appeal.

6. Having heard learned counsels, this Court

perused the impugned judgment and other materials

placed on record.

7. The date of the accident, age of the claimant

and liability on the Insurance Company are not in dispute.

8. The accident has taken place on 25.03.2021

and as on the date of accident, the driver of the offending

vehicle was not holding valid and effective driving licence.

Therefore, the Tribunal has rightly held that respondent

No.2 being the insurer of the offending vehicle is liable to

pay compensation amount and thereafter it has to recover

the same from the owner of the vehicle.

NC: 2025:KHC-K:5463

HC-KAR

9. The appellant-claimant who was agriculturist

has sustained fracture of medial malleolus and fracture of

lateral malleolus and lower shaft of fibula. The Doctor who

examined him i.e. PW.2 has issued disability certificate-

Ex.P7 stating that disability to the whole body is at 30%.

Considering the fractures, avocation of the claimant, the

disability taken by the Tribunal at 10% is not proper, it

should be taken as 15%. But the Tribunal has rightly

taken income of the appellant and rightly applied the

multiplier. Therefore, the loss of future earning would be

calculated as under:

Rs.14,250/- x 12 x 14 x 15% = Rs.3,59,100/-.

10. The appellant was admitted in hospital for six

days. Considering the fact that the amount awarded

towards pain and suffering in a sum of Rs.20,000/- is on

the lower side, which needs to be enhanced to

Rs.50,000/-; and a sum of Rs.50,000/- is awarded

towards loss of amenities as against Rs.20,000/- awarded

by the Tribunal.

NC: 2025:KHC-K:5463

HC-KAR

11. The Tribunal has rightly awarded a sum of

Rs.18,000/- towards medical expenses.

12. The claimant was admitted in hospital for six

days and advised for rest. Considering the same, he is

entitled for attendant charges, food & conveyance charges

in a sum of Rs.6,000/- against Rs.5,000/- awarded by

the Tribunal.

13. Considering the injuries sustained by the

claimant and period of treatment in hospital, he is entitled

for loss of income during laid up period for a period of

three months in a sum of Rs.42,750/- (Rs.14,250/- x 3)

as against Rs.15,000/- awarded by the Tribunal.

14. On perusal of the disability certificate, PW.2-

Doctor has deposed that the petitioner is in need of one

more surgery for removal of implants and expenses will be

Rs.40,000/-. Looking to the nature of injuries sustained

by the claimant and evidence of PW.2, a sum of

NC: 2025:KHC-K:5463

HC-KAR

Rs.30,000/- is awarded towards future medical expenses

as against Rs.20,000/- awarded by the Tribunal.

15. Thus, the claimant is entitled for following

amount of compensation:

                                        Amount                 Amount
  Sl.
                 Heads               awarded by the          awarded by
  No
                                        Tribunal              this Court
  1.     Pain and suffering               Rs.20,000/-           Rs.50,000/-
  2.     Attendant charges and             Rs.5,000/-            Rs.6,000/-
         conveyance charges
  3.     Loss of future income             Rs.2,39,400/-      Rs.3,59,100/-
  4.     Medical expenses                    Rs.18,000/-        Rs.18,000/-
  5.     Future medical                      Rs.20,000/-        Rs.30,000/-
         expenses
         Loss of income during               Rs.15,000/-        Rs.42,750/-
  6.
         laid up period
  7.     Loss of amenities                   Rs.20,000/-     Rs.50,000/-
                           Total          Rs.3,37,400/- Rs.5,55,850/-
                 Enhancement                     Rs.2,18,450/-

16. In the result, the appeal deserves to be allowed

in-part. Hence, the following:

ORDER

(i) The appeal is allowed in-part.

(ii) The appellant-claimant is entitled to total

compensation of Rs.5,55,850/- against

NC: 2025:KHC-K:5463

HC-KAR

Rs.3,37,400/- as awarded by the Tribunal

along with interest at the rate of 6% p.a.

from the date of petition till its realization.

(iii) The respondent No.2-Insurance company is

directed to deposit the compensation

amount within a period of eight weeks

from this day, failing which, it shall pay

interest at the rate of 9% p.a. till payment

and thereafter to recover the amount from

the respondent-owner of the offending

vehicle.