Karnataka High Court
Lalu @ Surendra vs Sunil And Ors on 22 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2025:KHC-K:5706
MFA No. 203636 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCL. FIRST APPEAL NO.203636 OF 2023 (MV)
BETWEEN:
LALU @ SURENDRA
S/O MAHENDRA GUDENOR,
AGE: 30 YEARS,
OCC: LABOUR,
R/O: KUMBARWADA,
BIDAR - 585 401.
...APPELLANT
(BY SRI BASAVARAJ R. MATH AND
SMT. VIJAYLAXMI, ADVOCATES)
AND:
Digitally signed
by 1. SUNIL
KHAJAAMEEN
MALAGHAN S/O RAVAN BASWADE,
Location: HIGH AGE: MAJOR,
COURT OF OCC: BUSINESS,
KARNATAKA
R/O: BASVESHWAR NAGAR,
LOHA, DIST.NANDED
(M.S.) - 431 601.
(REGISTERED OWNER OF
ERTIGA CAR BEARING NO.
MH.05/CM.1793).
2. MACHINDRA
S/O KISAN KARKHILE,
AGE: MAJOR,
OCC: BUSINESS,
-2-
NC: 2025:KHC-K:5706
MFA No. 203636 of 2023
HC-KAR
R/O: AMBERNATH - 421 501.
(MAHARASHTRA)
INSURED OF OFFENDED
ERTIGA CAR BEARING
NO.MH.05/CM.1793)
3. M/S ACKO GENERAL INSURANCE COMPANY LTD.,
UNIT F-WING, LOTUS CORPORATE PARK,
GOREGAON (E) MUMBAI - 400 063,
REP. BY ITS AUTHORIZED SIGNATORY
(POLICY NO.DCCR00152976336/00,
VALID FROM 22.09.2019 TO 21.09.2020)
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R3;
V/O DT. 09.01.2025, NOTICE TO R1 & R2 IS DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO
CALL FOR THE RECORDS AND ENHANCE AMOUNT BY
MODIFYING THE IMPUGNED JUDGMENT AND AWARD DATED
07.03.2023, PASSED BY THE ADDITIONAL SENIOR CIVIL
JUDGE AND JMFC AND MACT AT BIDAR IN MVC NO.584/2021,
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
-3-
NC: 2025:KHC-K:5706
MFA No. 203636 of 2023
HC-KAR
ORAL JUDGMENT
This appeal is filed by the claimant seeking
enhancement of compensation as awarded in the
judgment and award dated 07.03.2023, by the Additional
Senior Civil Judge and JMFC and MACT, Bidar.
2. Brief facts of the case leading to filing of the
claim petition are as under:
That on 19.09.2020, the claimant was proceeding on
his motorcycle bearing registration No.KA-38/Q-1942 and
one Subhash was the pillion rider and at about 09-00
a.m., when they came near Malkapur Ring Road, Bidar, at
that time Ertiga Car bearing registration No.MH-05/CM-
1793 came from ring road and the driver of the said car
was driving it in a high speed and in a rash and negligent
manner and dashed to the motorcycle of the claimant and
car turned turtle. As a result of the said accident, the
claimant sustained grievous injuries and took treatment in
the hospital. The claimant filed a claim petition under
Section 166 of the Motor Vehicles Act seeking
NC: 2025:KHC-K:5706
HC-KAR
compensation. The Tribunal assessed the compensation
and passed judgment and award. The claimant seeking
enhancement of the said compensation, has filed the
present appeal.
3. Heard learned counsel for the appellant and
learned counsel for respondent No.3/insurance company.
4. Learned counsel for the appellant would
contend that the accident has taken place in the year 2020
and as per the chart prepared by the Karnataka State
Legal Services Authority, the notional income fixed for the
said year is Rs.13,750/- and the Tribunal has erred in
taking the income of the claimant at Rs.10,000/- per
month. He further contended that the doctor has stated
that the disability suffered by the claimant is 10% to the
limb and the Tribunal has erred in taking disability at 3%
to the whole body. The claimant's second and third toes of
the right leg are amputated and fifth toe is irregular and
not functioning and he was admitted in the hospital for
NC: 2025:KHC-K:5706
HC-KAR
four days. Considering the same, the compensation
awarded for pain and suffering, loss of income during laid
up period and loss of amenities are on the lower side. With
these, he prays to allow the appeal.
5. Per contra, learned counsel for respondent
No.3/insurance company would contend that the Tribunal
has rightly assessed the disability and compensation
awarded is just and proper. With these, he prays to
dismiss the appeal.
6. Having heard the learned counsel for the
parties, this Court perused the impugned judgment and
award and other material placed on record. The age of the
claimant, accident and liability of the insurance company
are not in dispute. The accident has taken place on
19.09.2020 and as on the date of the accident, the
claimant was aged about 28 years. Hence, the applicable
multiplier is 17. The notional income fixed for the year
2020 by the Karnataka State Legal Services Authority for
NC: 2025:KHC-K:5706
HC-KAR
disposal of the cases in Lok-Adalath is Rs.13,750/- and
therefore the income taken by the Tribunal at Rs.10,000/-
per month is not proper. P.W.2 is the doctor, who has
treated the injured and issued Ex.P.8 disability certificate.
P.W.2 has stated that the claimant is having 10% disability
to the right limb. The doctor has not stated what is the
actual disability of the whole body. Considering the same,
the Tribunal has rightly taken disability at 3% to the whole
body. Hence, the claimant is entitled for compensation
towards loss of future earnings as under:
Rs.13,750/- x 12 x 17 x 3% = Rs.84,150/-
7. Considering the amputation of two toes and one
toe become irregular and not functioning, the award of
compensation towards pain and suffering at Rs.30,000/- is
on the lower side and the claimant is entitled to
Rs.50,000/- towards said head. The claimant is entitled for
compensation towards loss of amenities in a sum of
Rs.50,000/- as against Rs.20,000/- awarded by the
Tribunal. The Tribunal has rightly awarded compensation
NC: 2025:KHC-K:5706
HC-KAR
towards attendant and conveyance charges in a sum of
Rs.10,000/-. The claimant has been admitted in the
hospital and he has been advised rest. Therefore, he is
entitled for compensation towards loss of income during
laid up period in a sum of Rs.41,250/- (Rs.13,750/- x 3
months) as against Rs.20,000/- awarded by the Tribunal.
8. In view of the above, the appellant/claimant is
entitled for total compensation as under:
Sl.No. Heads Amount
1. Loss of future income Rs.84,150/-
2. Pain and Suffering Rs.50,000/-
3. Loss of income during laid up Rs.41,250/-
period
4. Attendant, conveyance, food Rs.10,000/-
and nourishment charges
5. Medical expenses Rs.41,836/-
6. Loss of amenities Rs.50,000/-
Total Rs.2,77,236/-
9. Therefore, the appellant/claimant is entitled for
total compensation of Rs.2,77,236/- as against
Rs.1,83,036/- awarded by the Tribunal with interest at the
rate of 6% per annum from the date of petition till its
realization.
NC: 2025:KHC-K:5706
HC-KAR
10. In the result, the following:
ORDER
(i) The Miscellaneous First Appeal is allowed in
part.
(ii) The judgment and award dated 07.03.2023,
passed in MVC No.584/2021, by the Additional
Senior Civil Judge and JMFC and MACT, Bidar is
modified as under:
(a) The appellant/claimant is entitled for
total compensation of Rs.2,77,236/-
as against Rs.1,83,036/- awarded by
the Tribunal with interest at the rate
of 6% per annum from the date of
petition till its realization.
(b) The respondent No.3/insurance
company is directed to deposit the
entire compensation with interest
within a period of eight weeks from
this day, failing which, it is liable to
NC: 2025:KHC-K:5706
HC-KAR
pay interest at the rate of 9% per
annum.
(c) Office is directed to send a copy of
this judgment to the Tribunal.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
RSP
CT:VK
