Karnataka High Court

Sangamesh vs Santosh And Anr on 23 September, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                   MFA No. 203415 of 2024
                                               C/W MFA No. 200048 of 2025

                    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

                        MISC. FIRST APPEAL NO.203415 OF 2024 (MV-I)
                                            C/W
                           MISC. FIRST APPEAL NO.200048 OF 2025

                   IN M.F.A.NO.203415/2024

                   BETWEEN:

                        THE DIVISIONAL MANAGER,
                        THE UNITED INDIA INSURANCE COMPANY LIMITED,
                        FIRST FLOOR, CENTURY COMPLEX,
                        OPP: SANGAM TALKIES, SUPER MARKET,
                        KALABURAGI - 585 101.
                        NOW REPRESENTED BY ITS AUTHORISED
                        SIGNATORY.
                                                              ...APPELLANT
Digitally signed
by KHAJAAMEEN      (BY SRI MOHD ABDUL QUAYUM, ADVOCATE)
MALAGHAN
Location: HIGH
COURT OF           AND:
KARNATAKA
                   1.   SANGAMESH
                        S/O DEVAPPA MARSANAVAR,
                        AGE: 19 YEARS,
                        OCC: STUDENT AND COOLIE,
                        R/O: SAGARA, TQ: SHAHAPUR,
                        DIST: YADAGIRI - 585 323.

                   2.   SANTOSH
                        S/O DEEPLA @ DEEPALA CHAVAN,
                        AGE: 32 YEARS,
                        OCC: OWNER OF HONDA MOTORCYCLE
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                                 MFA No. 203415 of 2024
                             C/W MFA No. 200048 of 2025

HC-KAR




    BEARING NO.KA-32/ES-4007,
    R/O: E/173, SANGAMESHWARA TEMPLE ROAD,
    KADBOOR, TQ: CHITTAPUR,
    DIST: KALABURAGI - 585 102.
                                      ...RESPONDENTS

(BY SRI SANGANAGOUDA V.BIRADAR, ADVOCATE FOR R1;
NOTICE TO R2 IS SERVED)

     THIS MFA IS FILED UNDER SECTION 173 (1) OF THE

MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS

IN M.V.C.NO.1155/2021 BY THE II ADDL. SENIOR CIVIL JUDGE

AND JMFC AND ADDL. MACT AT KALABURAGI AND SET ASIDE

THE JUDGMENT AND AWARD DATED 01.07.2024 PASSED IN

M.V.C.NO.1155/2021 BY THE II ADDL. SENIOR CIVIL JUDGE

AND JMFC AND ADDL. MACT AT KALABURAGI EXONERATING

THE APPELLANT OF ITS LIABILITY AND ETC.


IN M.F.A.NO.200048/2025

BETWEEN:

    SANGAMESH
    S/O DEVAPPA MARSANAVAR,
    AGE: 19 YEARS,
    OCC: COOLIE (NOW NIL),
    R/O: SAGAR, TQ: SHAHAPUR,
    DIST: YADAGIRI - 585 201.
                                             ...APPELLANT

(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)
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                                   MFA No. 203415 of 2024
                               C/W MFA No. 200048 of 2025

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AND:

1.    SANTOSH
      S/O DEEPLA @ DEEPALA CHAVAN,
      AGE: 33 YEARS,
      OCC: OWNER OF VEHICLE
      BEARING NO.KA-32/ES-4007,
      R/O: E/173, SANGAMESHWARA TEMPLE ROAD,
      KADBOOR, TQ: CHITTAPUR,
      DIST: KALABURAGI - 585 102.

2.    THE DIVISIONAL MANAGER,
      THE UNITED INDIA INSURANCE COMPANY LIMITED,
      1ST FLOOR, CENTURY COMPLEX,
      OPP: SANGAM TALKIES, SUPER MARKET,
      KALABURAGI - 585 101.
                                         ...RESPONDENTS

(BY SRI MOHD ABDUL QUAYUM, ADVOCATE FOR R2;
V/O DATED 17.01.2025, NOTICE TO R1 IS DISPENSED WITH)

       THIS MFA IS FILED UNDER SECTION 173 (1) OF THE

MOTOR     VEHICLES    ACT,   PRAYING       TO     ENHANCE    THE

COMPENSATION AMOUNT PAYABLE TO THE APPELLANT BY

SUITABLY MODIFYING THE JUDGMENT AND AWARD DATED

01.07.2024 PASSED BY II ADDITIONAL SENIOR CIVIL JUDGE

AND      JMFC   AND    ADDL.       MACT,        KALABURAGI    IN

M.V.C.NO.1155/2021, IN THE INTEREST OF JUSTICE AND

EQUITY.


       THESE MFA'S, COMING ON FOR ADMISSION, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                     MFA No. 203415 of 2024
                                 C/W MFA No. 200048 of 2025

HC-KAR




CORAM:      HON'BLE MR. JUSTICE SHIVASHANKAR
            AMARANNAVAR


                        ORAL JUDGMENT

MFA.No.203415/2024 is filed by the insurance

company challenging the judgment and award dated

01.07.2024 in MVC.No.1155/2021 passed by the II

Additional Senior Civil Judge and JMFC and Additional

MACT, at Kalaburagi (for short 'Tribunal').

02. MFA.No.200048/2025 is filed by the claimant

seeking enhancement of compensation in the judgment

and award dated 01.07.2024 in MVC.No.1155/2021

passed by the Tribunal.

03. The facts leading to filing of claim petition are

as under:-

That on 16.06.2021 at about 09.30 a.m. the claimant

was proceeding by walk on Sagara - Shahapur main road,

near Sagar B. village, at that time the rider of motorcycle

bearing Reg.No.KA-32-ES-4007 rode his motorcycle in a

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rash and negligent manner and dashed to him. Due to

which, he sustained grievous injuries and admitted in the

hospital. The claimant taken treatment and filed the claim

petition. The Tribunal assessed compensation and passed

the impugned award. The claimant has filed the present

appeal seeking enhancement of the compensation.

04. Heard learned counsel for the claimant and

learned counsel for insurance company.

05. Learned counsel for the insurance company

would contend that the claimant - injured was 15 years

old as on the date of accident. The decision of the Hon'ble

Supreme Court in the case of Master Mallikarjun Vs.

The Divisional Manager, National Insurance

Company Limited and Another reported in (2014) 14

SCC 396, is to be applied. The Tribunal has erred in not

applying the said decision. The Tribunal has erred in taking

the income of the claimant - injured and calculating the

compensation under the head of loss of future income.

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06. Learned counsel for the claimant would contend

that the claimant was aged about 15 years as on the date

of accident. The Tribunal has referred to the decision of

the Division Bench of this Court and rightly assessed the

loss of future income. He further submits that the claimant

has sustained fracture of left acetabular and left S.I. joint

dislocation. Considering the same, the doctor who

examined him has issued Ex.P.9 - disability certificate

stating that the claimant is having 39% disability of the

whole body. The Tribunal has erred in taking the disability

at 10%. The claimant has been admitted in the hospital for

11 days. Considering the same, the compensation

awarded for pain and suffering, loss of income during laid

up period, loss of amenities are on lower side, which

requires to be enhanced. With these, he prays to enhance

the compensation.

07. Having heard learned counsel for the insurance

company and learned counsel for the claimant, this Court

perused the impugned judgment and Trial Court records.

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08. The claimant was aged about 15 years as on

the date of accident i.e., on 16.06.2021 and liability of the

insurance company are not in dispute.

09. The Tribunal considered the decision of the

Division Bench of this Court in the case of Laskareppa

Lamani @ Nayak and another vs. M/s. Delhi Gujarat

Leet Carrier PVT. LTD and Others, in

MFA.No.10307/2017 dated 13.07.2023 and the

decision of the Hon'ble Supreme Court in the case of

Legal Manager IFFCO Tokio GIC Limited vs. Srinivasa

and others, reported in 2018 SCC Online KAR 2862,

has rightly applied the principles of income and multiplier

and calculated the loss of future income. In view of the

fact that the claimant was aged 15 years as on the date of

accident, the Tribunal has rightly applied the multiplier at

18. The Tribunal has rightly taken the notional income at

Rs.14,250/- as per the Chart prepared for settlement of

disputes in Lok-Adalath by the Karnataka Legal Services

Authority for the year 2021. The Tribunal considering the

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decision of the Hon'ble Supreme Court in the case of

National Insurance Co. Ltd vs. Pranay Sethi, reported

in (2017) 16 SCC 680, has rightly taken the future

prospects at 40%.

10. The doctor who has examined the claimant has

issued Ex.P.9 - disability certificate wherein he has stated

that the claimant is having 39% disability of the whole

body. Considering the fracture of left acetabular and left

S.I. joint dislocation, the Tribunal has erred in taking the

disability at 10% as against 39% as stated by Doctor.

Therefore, the disability has to be taken at 39% of the

whole body.

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

loss of future income as under :-

Rs.14,250/- + 40% = Rs.19,950/- x 12 x 18 x 39%

= Rs.16,80,588/-.

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12. Considering two major fractures, the claimant is

entitled to pain and suffering in a sum of Rs.1,00,000/- as

against Rs.30,000/- and Rs.1,00,000/- towards loss of

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

Tribunal.

13. The claimant has been admitted in the hospital

for 11 days. Therefore, he is entitled to attendant and

conveyance charges etc., in a sum of Rs.11,000/- as

against Rs.30,000/- as awarded by the Tribunal.

14. The claimant is entitled to loss of income during

the laid up period for 03 months in a sum of Rs.42,750/-

(Rs.14,250/- x 3) as against Rs.20,000/- as awarded by

the Tribunal.

15. The Tribunal has rightly awarded the

compensation towards medical expenses at Rs.1,60,370/-.

16. In view of the above, the appellant - claimant is

entitled to total compensation as under:-

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 Sl.              Heads of                 Compensation

 No.            compensation            awarded by this Court

 1       Loss of future income                  Rs.16,80,588/-

 2       Pain and suffering                      Rs.1,00,000/-

 3       Attendant               and               Rs.11,000/-

         conveyance charges

 4       Loss    of income    during               Rs.42,750/-

         laid up period

 5       Loss of amenities                       Rs.1,00,000/-

 6       Medical expenses                        Rs.1,60,370/-

         Total                                Rs.20,94,708/-

17. In view of the above, the appellant - claimant is

entitled to compensation of Rs.20,94,708/- as against

Rs.6,91,290/- as awarded by the Tribunal with interest at

the rate of 6% p.a. from the date of petition till its

realization.

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18. The claimant is not entitled to interest for delay

period of 88 days in filing the appeal, as per order dated

20.02.2025.

19. In view of the above, the following;

ORDER

I. The appeal filed by the insurance company is

dismissed.

II. The appeal filed by the claimant is allowed in part.

III. The judgment and award dated 01.07.2024 in

MVC.No.1155/2021 passed by the II Additional

Senior Civil Judge and JMFC and Additional MACT, at

Kalaburagi, is modified as under:-

A. The appellant - claimant is entitled to total

compensation of Rs.20,94,708/- as against

Rs.6,91,290/- as awarded by the Tribunal along with

interest at the rate of 6% p.a. from the date of

petition, till its realization.

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B. The claimant is not entitled to interest for delay

period of 88 days in filing the appeal, as per order

dated 20.02.2025.

C. The insurance company shall deposit the said award

amount with interest before the Tribunal within 08

weeks from this day, failing which it is liable to pay

interest at the rate of 9% p.a.

D. The amount in deposit shall be transmitted to the

Tribunal forthwith.