Karnataka High Court
Uday Kumar vs Jagadguru And Anr on 24 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2025:KHC-K:5796
MFA No. 200379 of 2025
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.200379 OF 2025 (MV-I)
BETWEEN:
UDAY KUMAR
S/O NARASIMHA SWAMY,
AGE: 14 YEARS,
OCC: MILK VENDOR AND PERIODICAL DISTRIBUTOR
AND ALSO STUDENT,
R/O: WARD NO.17, CEMENT ROAD,
NEAR TIPPUR SULTAN CHOWK,
MANVI NOW, R/O: L.B.S. NAGAR,
RAICHUR - 584 101.
...APPELLANT
(BY SRI SANGANAGOUDA V.BIRADAR, ADVOCATE)
Digitally signed
by KHAJAAMEEN AND:
MALAGHAN
Location: HIGH
COURT OF 1. JAGADGURU
KARNATAKA S/O MALLIKARJUN,
AGE: 36 YEARS,
OCC: RIDER CUM OWNER OF MOTORCYCLE
NO. KA-36/ET-9313,
R/O: SASALAMARI CAMP,
TQ: SINDHANUR,
DIST: RAICHUR - 584 101.
2. THE BRANCH MANAGER,
IFFICO-TOKIO GENERAL INS. CO. LTD.,
TIMMAPURI RAILWAY, 3RD FLOOR,
ABOVE KANVA MART,
-2-
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MFA No. 200379 of 2025
HC-KAR
NEAR S.V.P CIRCLE, STATION ROAD,
SHAMBHOGNALLI, KALABURAGI - 585 101.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2;
V/O DATED 12.09.2025, NOTICE TO R1 IS DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL 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 18-01-2024 PASSED BY PRINCIPAL DISTRICT
AND SESSIONS JUDGE AND MACT, RAICHUR IN MVC
NO.215/2022, 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 18.01.2024, passed in MVC
No.215/2022, by the Principal District and Sessions Judge
and Motor Accident Claims Tribunal, Raichur.
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2. Facts leading to filing of the claim petition are
as under:
That on 24.11.2021 at about 08-15 p.m. the
claimant was proceeding on motorcycle bearing
registration No.AP-21/BV-7291 as a pillion rider and one
Sri Naveen was riding the motorcycle in slow and cautious
manner on the extreme left side on Manvi - Raichur main
road and when they were near Afsar Pasha's puncture
shop, the rider of the motorcycle bearing registration
No.KA-36/ET-9313 came from opposite direction in a rash
and negligent manner and dashed to the motorcycle of the
claimant. As a result of which, the claimant sustained
severe 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.
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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 would
contend that the doctor, who has treated the claimant i.e.,
P.W.2 has issued Ex.P.8 disability certificate, wherein he
has stated that the claimant is having 25.4% disability.
There is shortening of leg by 8 cm and considering the
same, the disability taken by the Tribunal at 10% is on the
lower side. He further submits that in view of fracture of
femur and other injuries, the compensation awarded
towards pain and suffering and loss of amenities are on
the lower side. Hence, he seeks enhancement.
5. Per contra, learned counsel for respondent
No.2/insurance company would contend that the Tribunal
has rightly taken the disability at 10% and rightly awarded
compensation on all heads and there are no grounds for
enhancement.
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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 claimant, date of accident and
the liability of the insurance company are not in dispute.
The claimant was aged 16 years as on the date of the
accident. P.W.2 is the doctor, who examined the claimant
and he is the treated doctor and he has issued Ex.P.8
disability certificate, wherein he has assessed disability of
the claimant at 25.4% to the whole body. There is a
fracture of femur and other injuries. The doctor has
stated that there is shortening of leg by 8 cm. Considering
the same, the disability has to be taken at 20% as against
10% taken by the Tribunal. The Tribunal has rightly taken
the income of the claimant at Rs.14,250/- per month and
multiplier at 18. Hence, the claimant is entitled for
compensation towards loss of future earnings as under:
Rs.14,250/- x 12 x 18 x 20% = Rs.6,15,600/-
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8. Considering the fractures noted above, the
compensation awarded by the Tribunal towards pain and
suffering and loss of amenities are on the lower side and
requires to be enhanced to Rs.60,000/- each as against
Rs.50,000/- each. The Tribunal has rightly awarded
compensation towards attendant and transportation
charges, loss of income during laid up period and medical
expenses.
9. 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.6,15,600/-
2. Pain and Suffering Rs.60,000/-
3. Loss of income during laid up Rs.42,750/-
period
4. Attendant, conveyance, food Rs.40,000/-
and nourishment charges etc.
5. Medical expenses Rs.2,85,296/-
6. Loss of amenities Rs.60,000/-
Total Rs.11,03,646/-
10. Therefore, the appellant/claimant is entitled for
total compensation of Rs.11,03,646/- as against
Rs.7,76,000/- 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.
11. In the result, the following:
ORDER
(i) The Miscellaneous First Appeal is allowed in
part.
(ii) The judgment and award dated 18.01.2024,
passed in MVC No.215/2022, by the Principal
District and Sessions Judge and MACT, Raichur
is modified as under:
(a) The appellant/claimant is entitled for
total compensation of Rs.11,03,646/-
as against Rs.7,76,000/- 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) Office is directed to send a copy of
this judgment to the Tribunal.
(d) The rest of the order of the Tribunal
remains undisturbed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
RSP
CT: VK
