Karnataka High Court
Anand vs Shivanand P W And Anr on 24 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC-K:5797
MFA No. 203022 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCL. FIRST APPEAL NO.203022 OF 2024 (MV-I)
BETWEEN:
ANAND S/O SHARANAPPA,
AGE: 23 YEARS,
OCC: LABOUR, NOW NIL,
R/AT: H.NO.2-486, SHIVAJI NAGAR, BIDAR.
NOW AT BELUR INDUSTRIAL AREA,
KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
AND:
1. SHIVANAND P W S/O PANDITRAO,
Digitally signed AGE: MAJOR, OCC: NOT KNOWN,
by R/AT: FLAT NO.504,
KHAJAAMEEN
MALAGHAN YEASHWANT VIHAR, 3'S NO.33,
Location: HIGH KATRAJ KONDHAWA ROAD,
COURT OF KATRAJ PUNE - 412 412,
KARNATAKA
MAHARASHTRA.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE, II FLOOR,
CENTURY COMPLEX, OPP: SANGAM TALKIES,
SUPER MARKET, KALABURAGI - 585 101.
...RESPONDENTS
(BY SRI SHARANABASAPPA M.PATIL, ADVOCATE FOR R2;
V/O DATED 30.01.2025, NOTICE TO R1 IS DISPENSED WITH)
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MFA No. 203022 of 2024
HC-KAR
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 03.01.2024
PASSED BY THE LEARNED II ADDL. SENIOR CIVIL JUDGE AND
MACT AT KALABURAGI IN MVC NO.1070/2020 BY ENHANCING
THE COMPENSATION AMOUNT AS PRAYED FOR, 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
ORAL JUDGMENT
This appeal is filed by the appellant/claimant seeking
enhancement of compensation awarded in the judgment
and award dated 03.01.2024, passed in MVC
No.1070/2020, by the II Additional Senior Civil Judge and
Motor Accident Claims Tribunal, Kalaburagi.
2. Brief facts leading to filing of the claim petition
are as under:
That on 16.08.2020 at about 12-00 p.m. the
claimant was proceeding towards Bidar on his motorcycle
bearing registration No.KA-32/EL-6676. When he was
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opposite to Biradar Petrol Pump on Kalaburagi -
Humnabad road on left side, at that time, Maruti Suzuki
Car bearing registration No.MH-03/BE-8719 being driven
by its driver in a rash and negligent manner and dashed to
the motorcycle of the claimant. As a result of which, the
claimant sustained grievous injuries and he has taken
treatment in the hospital. The claimant filed a claim
petition under Section 166 of the Motor Vehicles Act
seeking 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/claimant and learned counsel for respondent
No.2/insurance company.
4. Learned counsel for the appellant would
contend that the claimant has sustained fracture of tibia
and fibula and P.W.2, who is the treated doctor, has stated
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that the disability suffered by the claimant is at 45% and
the Tribunal erred in taking disability at 10%. He further
submits that the claimant has been admitted in the
hospital for ten days. He further submits that the
compensation awarded towards pain and suffering, loss of
amenities and loss of income during laid up period are on
the lower side. On these grounds, he prays to allow the
appeal.
5. Per contra, learned counsel for respondent
No.2/insurance company would contend that the disability
taken by the Tribunal is proper and compensation awarded
under all heads are just and proper. On these grounds, 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.
7. The age of the injured, date of accident and the
liability of the insurance company are not in dispute. The
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claimant was aged 19 years as on the date of the accident
i.e., 16.08.2020. The Tribunal has rightly taken the
income of the claimant at Rs.13,750/- per month and
rightly applied the multiplier 18.
8. The doctor P.W.2, who has treated the injured
has issued disability certificate Ex.P.11 and stated that the
claimant is having 45% disability. The claimant has
sustained fracture of tibia and fibula. Considering the fact
that there are two fractures and the evidence of P.W.2,
the disability has to be taken at 20% as against 10%
taken by the Tribunal. Hence, the claimant is entitled for
compensation towards loss of future earnings as under:
Rs.13,750/- x 12 x 18 x 20% = Rs.5,94,000/-
9. Considering two fractures, the claimant is
entitled for compensation of Rs.60,000/- towards pain and
suffering as against Rs.40,000/- awarded by the Tribunal.
Further, the claimant is entitled for compensation of
Rs.50,000/- towards loss of amenities as against
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Rs.20,000/- awarded by the Tribunal. The claimant has
been admitted in the hospital for ten days and he has
been advised rest and therefore, he is entitled for
compensation towards loss of income during laid up period
for three months in a sum of Rs.41,250/- (Rs.13,750/- x 3
months) as against Rs.27,500/- awarded by the Tribunal.
The Tribunal has rightly awarded medical expenses of
Rs.1,10,567/- and attendant charge etc., of Rs.20,000/-.
10. 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.5,94,000/-
2. Pain and Suffering Rs.60,000/-
3. Loss of income during laid up Rs.41,250/-
period
4. Attendant, conveyance, food Rs.20,000/-
and nourishment charges
5. Medical expenses Rs.1,10,567/-
6. Loss of amenities Rs.50,000/-
Total Rs.8,75,817/-
11. Therefore, the appellant/claimant is entitled for
total compensation of Rs.8,75,817/- as against
Rs.5,15,067/- awarded by the Tribunal with interest at the
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rate of 6% per annum from the date of petition till its
realization.
12. In the result, the following:
ORDER
(i) The Miscellaneous First Appeal is allowed in
part.
(ii) The judgment and award dated 03.01.2024,
passed in MVC No.1070/2020, by the II
Additional Senior Civil Judge and MACT,
Kalaburagi is modified as under:
(a) The appellant/claimant is entitled for
total compensation of Rs.8,75,817/-
as against Rs.5,15,067/- 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.2/insurance
company is directed to deposit the
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entire compensation with interest
within a period of eight weeks from
this day, failing which, it is liable to
pay interest at the rate of 9% per
annum.
(c) The claimant is not entitled to interest
for the delay period of 85 days in
filing the appeal as per the order
dated 30.01.2025.
(d) Office is directed to send a copy of
this judgment to the Tribunal.
(e) Rest of the order of the Tribunal
remained unaltered.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
RSP
CT: VK
