Karnataka High Court
Rama Shetty vs Suresh And Anr on 16 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2025:KHC-K:5464
MFA No. 202075 of 2023
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.202075 OF 2023 (MV-I)
BETWEEN:
RAMA SHETTY S/O NAMU RATHOD,
AGE: 46 YEARS,
OCC: AGRICULTURE LABOUR, NOW NIL,
R/O: ADIKIMOKA TANDA,
TALUKA KAMALAPUR,
DISTRICT KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
AND:
1. SURESH S/O GHAMU CHAVAN,
Digitally signed AGE: MAJOR, OCC: NOT KNOWN,
by RENUKA
R/O: TADKAL,
Location: HIGH
COURT OF TALUKA AND DISTRICT KALABURAGI - 585 105.
KARNATAKA
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE, II FLOOR,
CENTURY COMPLEX, OPPOSITE SANGAM TALKIES,
SUPER MARKET, KALABURAGI - 585 102.
...RESPONDENTS
(BY SRI MANVENDRA REDDY, ADVOCATE FOR R2;
V/O DATED 28.06.2023 NOTICE TO R1 IS DISPENSED WITH)
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MFA No. 202075 of 2023
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
16.03.2023 PASSED BY THE LEARNED I ADDL. SENIOR CIVIL
JUDGE AND MACT AT KALABURAGI IN MVC NO.586/2021 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
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
16.03.2023 passed in MVC No.586/2021 by the I-Addl.
Senior Civil Judge & MACT, Kalaburagi (hereinafter
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referred to as 'the Tribunal' for short), the appellant-
claimant is before this Court seeking enhancement of
compensation.
2. Brief facts leading to filing of claim petition are
that, on 17.02.2021 at about 12:00 p.m. when the
claimant along with his son was proceeding by walk from
Honnabatta Tanda to Chengta village, near water tank on
Chengta road, the rider of Honda motorcycle bearing
No.KA-32/EN-3715 came from back side with high speed
in a rash and negligent manner and dashed to the
claimant 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
contended that he having suffered the injuries is entitled
for compensation from the respondents.
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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 claimant was aged 45 years as on
the date of the accident and he was doing agricultural
work and due to the accident, the great toe of the
claimant has been amputated and the Doctor-PW.2 has
stated the disability at 35% to the whole body and the
Tribunal has erred in taking the disability at 12%. He
further submits that the compensation awarded under
other heads i.e. pain and suffering; attendant and
conveyance charges; loss of income during the treatment
period; loss of amenities are on the lower side, which
needs to be enhanced. Hence, seeks for enhancement of
compensation by allowing the appeal.
5. Per contra, learned counsel for the respondent
No.2-Insurance Company contended that the
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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 17.02.2021.
The doctor who has issued disability certificate-Ex.P9 has
been examined as PW.2. PW.2 has stated that the
disability is 35% to the whole body and the Tribunal has
taken disability at 12% as PW.2 is not a treated doctor.
The appellant has sustained crush injuries and due to
which his great toe has been amputated. Considering all
that the Tribunal has rightly awarded a sum of
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HC-KAR
Rs.2,25,720/- (rounded off to Rs.2,25,700/-) towards
loss of future income and there is no need for interference.
9. The appellant was admitted in hospital for 24
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/- towards loss of
amenities as against Rs.10,000/- awarded by the Tribunal.
10. The Tribunal has rightly awarded a sum of
Rs.1,02,700/- towards medical expenses.
11. The claimant was admitted in hospital for 24
days and advised for rest. Considering the same, he is
entitled for attendant charges, food & conveyance charges
in a sum of Rs.24,000/- against Rs.10,000/- awarded by
the Tribunal.
12. Considering the injuries sustained by the
claimant and period of treatment in hospital, he is entitled
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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).
13. 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.10,000/- Rs.24,000/-
conveyance charges
3. Loss of future income Rs.2,25,700/- Rs.2,25,700/-
4. Medical expenses Rs.1,02,700/- Rs.1,02,700/-
Loss of income during Rs.15,000/- Rs.42,750/-
5.
laid up period
6. Loss of amenities Rs.10,000/- Rs.50,000/-
Total Rs.3,83,400/- Rs.4,95,150/-
Enhancement Rs.1,11,750/-
14. 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.4,95,150/- against
Rs.3,83,400 /- as awarded by the Tribunal
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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.
(iv) The entire amount of compensation shall be
released in favour of the appellant-
claimant after due identification/
verification.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
SDU
Ct;vk
