Karnataka High Court
Nabuma And Ors vs Nabiso And Anr on 23 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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MFA No. 202109 of 2018
C/W MFA No. 202110 of 2018
MFA No. 202111 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCL. FIRST APPEAL NO. 202109 OF 2018 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 202110 OF 2018
MISCL. FIRST APPEAL NO. 202111 OF 2018
IN M.F.A.NO.202109/2018
BETWEEN:
MAHESH
S/O MALASIDDAYYA MAHANTHMATH,
AGE: 48 YEARS,
OCC: BUSINESS,
R/O: BENDIGERI STREET,
VIJAYAPURA - 586 101.
...APPELLANT
Digitally signed (BY SRI BABU H.METAGUDDA, ADVOCATE)
by SHIVALEELA
DATTATRAYA
UDAGI AND:
Location: HIGH
COURT OF 1. NABISO
KARNATAKA
S/O KUTABUDDIN JAMADAR,
AGE: 38 YEARS,
OCC: BUSINESS,
R/O: GALLI NO.2, DHULESHWAR NAGAR,
KABANUR, DIST: KOLHAPUR - 586 101.
2. THE BRANCH MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
HANAMASHETTY BUILDING GURUKUL ROAD,
VIJAYAPURA - 586 101.
...RESPONDENTS
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MFA No. 202109 of 2018
C/W MFA No. 202110 of 2018
MFA No. 202111 of 2018
HC-KAR
(BY SRI S.S.ASPALLI, ADVOCATE FOR R2;
V/O DATED 23.08.2022 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND
MODIFY THE JUDGMENT AND AWARD DATED 07.03.2018
PASSED IN M.V.C.NO.279/2015 BY THE II ADDITIONAL
SENIOR CIVIL JUDGE AND M.A.C.T.,-VII, AT VIJAYAPURA AND
ENHANCING THE COMPENSATION FROM RS.2,05,100/- WITH
9% INTEREST TO RS.14,99,000/- WITH 12% INTEREST.
IN M.F.A.NO.202110/2018
BETWEEN:
RAVASAB
S/O BASANNA PATIL,
AGE: 28 YEARS,
OCC: AGRICULTURE,
R/O: RAMANAGAR,
VIJAYAPURA - 586 101.
...APPELLANT
(BY SRI BABU H.METAGUDDA, ADVOCATE)
AND:
1. NABISO
S/O KUTABUDDIN JAMADAR,
AGE: 38 YEARS,
OCC: BUSINESS,
R/O: GALLI NO.2, DHULESHWAR NAGAR,
KABANUR, DIST: KOLHAPUR - 586 101.
2. THE BRANCH MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
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MFA No. 202109 of 2018
C/W MFA No. 202110 of 2018
MFA No. 202111 of 2018
HC-KAR
HANAMASHETTY BUILDING GURUKUL ROAD,
VIJAYAPURA - 586 101.
...RESPONDENTS
(BY SRI S.S.ASPALLI, ADVOCATE FOR R2;
V/O DATED 23.08.2022 NOTICE
TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND
MODIFY THE JUDGMENT AND AWARD DATED 07.03.2018
PASSED IN M.V.C.NO.280/2015 BY THE II ADDITIONAL
SENIOR CIVIL JUDGE AND M.A.C.T.,-VII, AT VIJAYAPURA AND
ENHANCING THE COMPENSATION FROM RS.2,24,800/- WITH
9% INTEREST TO RS.10,50,000/- WITH 12% INTEREST.
IN M.F.A.NO.202111/2018
BETWEEN:
1. NABUMA
W/O BASHASAB BAGEWADI,
AGE: 61 YEARS,
OCC: HOUSEHOLD WORK,
2. BANDENAWAZ
S/O BASHASAB BAGEWADI,
AGE: 45 YEARS,
OCC: AGRICULTURE,
3. RAJAKSAB
S/O BASHASAB BAGEWADI,
AGE: 43 YEARS,
OCC: AGRICULTURE,
ALL ARE R/O: TAKKA,
VIJAYAPRUA - 586 101.
...APPELLANTS
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MFA No. 202109 of 2018
C/W MFA No. 202110 of 2018
MFA No. 202111 of 2018
HC-KAR
(BY SRI BABU H.METAGUDDA, ADVOCATE)
AND:
1. NABISO
S/O KUTABUDDIN JAMADAR,
AGE: 38 YEARS,
OCC: BUSINESS,
R/O: GALLI NO.2, DHULESHWAR NAGAR,
KABANUR, DIST: KOLHAPUR - 586 101.
2. THE BRANCH MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
HANAMASHETTY BUILDING GURUKUL ROAD,
VIJAYAPURA - 586 101.
...RESPONDENTS
(BY SRI S.S.ASPALLI, ADVOCATE FOR R2;
V/O DATED 23.08.2022 NOTICE TO
R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND
MODIFY THE JUDGMENT AND AWARD DATED 07.03.2018
PASSED IN M.V.C.NO.283/2015 BY THE II ADDITIONAL
SENIOR CIVIL JUDGE AND M.A.C.T.,-VII, AT VIJAYAPURA AND
ENHANCING THE COMPENSATION FROM RS.25,000/- WITH 9%
INTEREST TO RS.14,99,000/- WITH 12% INTEREST.
THESE MFA'S, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
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MFA No. 202109 of 2018
C/W MFA No. 202110 of 2018
MFA No. 202111 of 2018
HC-KAR
ORAL JUDGMENT
All these three appeals are filed by claimants seeking
enhancement of compensation as awarded by the Tribunal
in common judgment dated 07.03.2018 passed in MVC
Nos.279/2015, 280/2015 and 283/2015 by the II
Additional Senior Civil Judge an MACT-VII, Vijaypura.
2. Facts leading to file claim petitions are as
under;
That on 02.11.2014 at about 5.00 p.m., when the
deceased -Bashasab, Ravasab (petitioner in MVC
No.280/2015) and Mahesh (petitioner in MVC
No.279/2015) and two others were traveling in auto
rickshaw bearing No.KA-28 A-5090. They were
proceeding towards Vijayapur to Toravi, at that time driver
of the auto rickshaw drove the auto in slow and cautious
manner on his left side. At that time, car bearing No.MH-
09 DA 3019 came from opposite side in high speed and in
rash and negligent manner and dashed to the auto
rickshaw and one motor cycle bearing No. KA -29 R-3130.
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Due to the same, all persons sustained injuries and they
were shifted to the hospital. The Bashasab after 52 days
died and his legal representatives have filed claim petition
seeking compensation. Two injured namely Mahesh and
Ravasab have also filed claim petitions seeking
compensation. The tribunal has assessed the
compensation and passed impugned awards. Claimants in
all three claim petitions have filed these appeals seeking
enhancement of the compensation as awarded by the
tribunal.
3. Learned counsel for appellants in all three
appeals would contend that the accident has taken place in
the year 2014. As per chart prepared by the Legal
Services Authority for settlement of disputes in Lok -
Aadalath, the notional income fixed for the year 2014 is
Rs.7,500/- and the tribunal has erred in taking income at
Rs.5,000/-. He further submits that disability taken and
compensation awarded under the heads of pain and
suffering, loss of amenities, loss of income during laid up
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period, attendant, conveyance, food and nourishment
charges are on lower side. He further submits that
deceased-Bashasab died after 22 days of the accident and
doctor treated him has stated that he had died due to the
accidental injuries. The tribunal without considering the
same erred in holding that there is no nexus between
accident and death as no post-mortem examination has
been conducted awarding meager compensation of
Rs.25,000/- towards medical expenses.
4. Learned counsel for respondent No.2 -
Insurance Company would contend that the tribunal has
rightly taken disability and rightly awarded compensation
under all heads to injured persons and there are no
grounds for enhancement of compensation. He further
submits that deceased -Bashasab was aged 80 years as
on the date of accident and after treatment for six days in
the hospital he has been discharged and thereafter 52
days he died in his residence. The death has no nexus to
the accident as the post mortem is not conducted. The
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tribunal has rightly awarded only medical expenses. With
these, he prays for dismissal of appeals.
5. Having heard learned counsels, this Court has
perused impugned judgments and trial Court records.
6. The accident has taken place in the year 2014.
As per chart prepared by the Legal Services Authority for
settlement of disputes in Lok -Aadalath, the notional
income is fixed for the year 2014 is Rs.7,500/- and the
tribunal has erred in taking income at Rs.5,000/-.
Therefore, notional income of claimants -injured persons
required to be taken at Rs.7,500/- per month.
MFA No.202109/2018 (MVC No.279/2015)
7. The claimant has sustained fracture of right
fibula and injury to muscle. The doctor who examined him
has opined that he has sustained disability 32% to 35% of
limb. Considering the said aspect, the tribunal has rightly
taken disability of entire body at 10%. The tribunal has
rightly taken multiplier 13 considering the age of the
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claimant as 47 years. In view of the same, the claimant is
entitled to loss of future income as under;
Rs.7,500/- x 12 x 13 x10% = Rs.1,17,000/-
8. The claimant has sustained fracture of right
fibula and there is damage to his muscle as per evidence
of doctor. Therefore, he is entitled to in sum of
Rs.50,000/- towards pain and suffering as against
Rs.30,000/- as awarded by the tribunal. The claimant has
been admitted in the hospital for 15 days. Therefore, he is
entitled to attendant, conveyance, food and nourishment
charges in sum of Rs.15,000/- as against Rs.10,000/- as
awarded by the tribunal. The claimant has been admitted
in the hospital for 15 days and he has been advised rest.
Therefore, he is entitled to loss of income during laid up
period for three months in sum of Rs.22,500/- (7,500/- x
3) as against Rs.5,000/- as awarded by the tribunal. The
tribunal has rightly awarded medical expenses in sum of
Rs.67,100/- and loss of amenities in sum of Rs.20,000/-.
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In view of the above, the claimant is entitled to total
compensation as under;
Sl.No. Heads Compensation
in
Rs.
1 Loss of future income 1,17,000/-
2 Pain and suffering 50,000/-
3 Attendant, conveyance, 15,000/-
food and nourishment
charges
4 Loss of income during 22,500/-
laid up period
5 Medical expenses 67,100/-
6 Loss of amenities 20,000/-
Total 2,91,600/-
9. In view of the above, the claimant is entitled
total compensation of Rs.2,91,600/- against
Rs.2,05,100/- as awarded by the Tribunal.
MFA No.202110/2018 (MVC No.280/2015)
10. The claimant was aged 24 years as on the date
of accident and he was agriculturist. Due to the accident,
there is amputation of two fingers of right hand and there
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is fracture of distal radius to right hand of the claimant.
Ex.P17 is disability certificate wherein the doctor has
stated that he is having 25% to 30% disability related to
right upper limb. The doctor has also stated that there is
restriction of active hand movements, right hand grip
movements reduced, right hand power is reduced, right
wrist joint movements are pain full and restricted.
Considering the fact that the claimant is agriculturist and
injury and amputation to two fingers of his right hand has
effected his functioning as agriculturist. Therefore, the
disability has to be taken at 20% as against 12% as taken
by the tribunal. The tribunal has rightly taken multiplier
18. In view of the above, the claimant is entitled to loss of
future income as under;
Rs.7,500/- x 12 x 18 x 20% =Rs.3,24,000/-
11. The claimant has lost his two fingers of his right
hand and there is fracture of distal radius. Considering the
same, the claimant is entitled to Rs.50,000/- towards pain
and suffering as against Rs.30,000/- and Rs.50,000/-
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towards loss of amenities as against Rs.20,000/- as
awarded by the tribunal. The claimant has been admitted
in the hospital for 15 days. Therefore, he is entitled to
attendant, conveyance, food and nourishment charges in
sum of Rs.15,000/-. The claimant has been admitted in
the hospital for 15 days and he has been advised rest.
Therefore, he is entitled to loss of income during laid up
period for three months in sum of Rs.22,500/- (7,500/- x
3) as against Rs.5,000/-. The tribunal has rightly awarded
medical expenses in sum of Rs.30,200/-. In view of the
above, the claimant is entitled to total compensation as
under;
Sl.No. Heads Compensation
in
Rs.
1 Loss of future income 3,24,000/-
2 Pain and suffering 60,000/-
3 Attendant, conveyance, 15,000/-
food and nourishment
charges
4 Loss of income during 22,500/-
laid up period
5 Medical expenses 30,200/-
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6 Loss of amenities 50,000/-
Total 5,01,700/-
12. In view of the above, the claimant is entitled
total compensation of Rs.5,01,700/- against
Rs.2,24,800/- as awarded by the Tribunal.
MFA No.202111/2018 (MVC No.283/2015)
13. Claimants are wife and two major sons of
deceased -Bashasab. The deceased -Bashasab was aged
80 years as on the date of accident. The accident has
taken place on 02.11.2014 and Bashasab died on
24.12.2014. The deceased has been admitted in the
hospital from 03.11.2014 to 08.11.2014. Thereafter, he
died on 24.12.2014 at his residence. As per evidence of
doctor, the deceased has injury to head and spinal cord
and he has been treated in the hospital as indoor patient
from 03.11.2014 to 08.11.2014. On the death of
Bashasab, the post mortem examination has not been
conducted. Even though the doctor has opined that the
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deceased died due to injuries sustained in the accident,
the tribunal has rightly held that no post mortem
examination is conducted and there is no nexus between
accident and death of Bashasab. Considering the fact that
deceased -Bashasab was admitted in the hospital for six
days, the tribunal has awarded compensation of
Rs.25,000/- towards medical expenses. Ex.P15 are two
medical bills and total medical bill amount is Rs.17,000/-.
As per Ex.P14 -MRI scan of deceased -Bashasab, the MRI
scan bill amount has not been included in medical bills.
Considering the said aspect, claimants are entitled to
Rs.50,000/- towards medical expenses as against
Rs.25,000/- as awarded by the tribunal with interest at
the rate of 6% p.a. from the date of petition till its
realization.
14. The tribunal has awarded interest at the rate of
9% and it is on higher side. Therefore, claimants (in all
three appeals) are entitled to interest at the rate of 6%
p.a. from the date of petition till its realization.
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15. In result, the following
ORDER
i) All three appeals are allowed in part;
ii) The claimant in MFA No.202109/2018 (MVC
No.279/2015) is entitled to total compensation
of Rs.2,91,600/- as against Rs.2,05,100/- as
awarded by the tribunal with interest at the rate
of 6% per annum from the date of petition till
realization;
iii) The claimant in MFA No.202110/2018 (MVC
No.280/2015) is entitled to total compensation
of Rs.5,01,700/- as against Rs.2,24,800/- as
awarded by the tribunal with interest at the rate
of 6% per annum from the date of petition till
realization;
iv) Claimants in MFA No.202111/2018 (MVC
No.283/2015) are entitled to total compensation
of Rs.50,000/- as against Rs.25,000/- as
awarded by the tribunal with interest at the rate
of 6% per annum from the date of petition till
realization;
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v) The order of the tribunal regarding share of
award amount and order of deposit in all three
claim petitions is remained unaltered.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
