Karnataka High Court
Chidanand vs Satyanarayanprasad And Anr on 25 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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MFA No. 201520 of 2023
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IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCL. FIRST APPEAL NO. 201520 OF 2023 (MV-I)
BETWEEN:
CHIDANAND
S/O SHIVAPUTRAPPA MANDEWALI,
AGE: 43 YEARS,
OCC: AGRICULTURE,
R/O: MORATAGI,
TQ: SINDAGI,
DIST: VIJAYAPURA.
...APPELLANT
(BY SRI SANGANAGOUDA V.BIRADAR, ADVOCATE)
Digitally signed AND:
by RENUKA
Location: HIGH
COURT OF
KARNATAKA 1. SATYANARAYANPRASAD
S/O RAMLAL TIWARI,
AGE: 44 YEARS,
OCC: BUSINESS,
R/O: LIMBECHINCHOLI,
TQ: SOUTH SOLAPUR,
DIST: SOLAPUR,
STATE. MAHARASHTRA - 413 228.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
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MFA No. 201520 of 2023
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1ST FLOOR, SANGAM BUILDING,
S.S.FRONT ROAD, VIJAYAPURA - 586 101.
...RESPONDENTS
(BY SRI MANVENDRA REDDY, ADVOCATE FOR R2;
V/O DATED 25.09.2025 NOTICE TO R1 IS HELD SUFFICIENT)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY
SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD
DATED 24.06.2022 PASSED BY THE LEARNED II ADDL. SENIOR
CIVIL JUDGE AND MACT-VII, AT VIJYAPUR, IN MVC NO.
658/2018 AND PASS REASONABLE AWARD. ALTERNATIVELY
THE HON'BLE COURT MAY KINDLY BE PLEASE TO REMAND THE
MATTER TO THE LEARNED TRIBUNAL FOR A FRESH TRIAL
PROVIDING OPPORTUNITY TO LEAD THE FURTHER EVIDENCE
OF APPELLANT, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MFA, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
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MFA No. 201520 of 2023
HC-KAR
ORAL JUDGMENT
1. This appeal is filed by the claimant praying to set
aside the Judgment and award dated 24.06.2022 passed in
MVC No.658/2018 by the II Additional Senior Civil Judge and
MACT-VII, Vijayapura, (for short 'the tribunal').
2. The facts leading to filing of the claim petition are
as under:
That on 19.10.2017 the claimant was proceeding in a
car bearing registration No.MH-13/BN-4795 towards Sindagi
from Vijayapura. When the car was proceeding near Mallayya
Temple in Chikka Sindagi on Vijayapura-Kalaburagi road, at
about 4.30 p.m., as a result of rash and negligent driving,
the car was driven into a roadside ditch and caused the
accident, as a result, the claimant sustained injuries and
took treatment and filed claim petition.
3. The tribunal has recorded the evidence and after
hearing the arguments, answered Issue Nos.1 and 2 in the
negative and dismissed the claim petition.
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4. Heard the learned counsel for the appellant and
the learned counsel for the respondent No.2-Insurance
company.
5. Learned counsel for the appellant would contend
that, Ex.P.6 is the copy of the charge-sheet and it has been
filed against the driver of the car i.e. MH-13/BN-4795 for the
offences punishable under Sections 279 and 338 of IPC. He
submits that, the very said aspect of filing of the charge-
sheet against the driver of the said car itself indicates that,
the driver drove the car in a rash and negligent manner and
caused the accident. He submits that, without considering
the same, the tribunal has erred in considering the admission
by P.W.1, regarding the manner of the accident and erred in
answering Issue No.1. He further submits that, in the
accident, the claimant has sustained injuries and took
treatment and evidence of the Doctor is also adduced and
the case for awarding compensation can be considered.
6. Learned counsel for the respondent No.2-
Insurance company would contend that, the tribunal has
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rightly considered the admission of P.W.1 given in the cross-
examination and rightly dismissed the claim petition.
7. Having heard the learned counsels, this Court has
perused the impugned Judgment and the other materials
placed on record.
8. The issues framed by the tribunal are as under:
(i) Whether the petitioner proves that he has
sustained grievous injury due to actionable rash and
negligent act of driver of Car bearing No.MH-13/BN-4795
in the accident on the date, time and the place as being
asserted?
(ii) Whether the petitioner is entitled for the
compensation? If so how much and from whom?
(iii) What order or award?
9. In order to prove the said issues, the claimant
has been examined as P.W.1 and examined the Doctor-
P.W.2 and got marked Ex.P.1 to Ex.P.11. The copy of the
Insurance policy has been marked as Ex.R.1 with the
consent. Ex.R.6 is the copy of the charge-sheet. The said
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charge-sheet has been filed against the driver of the car for
the offence punishable under Sections 279 and 338 of IPC.
The manner in which the accident has taken place has been
stated in Column No.17 of the charge-sheet. What is stated
in the column No.17 of the charge-sheet has been stated by
the claimant in his cross-examination which has been
extracted by the tribunal in the impugned Judgment. Merely
because the claimant i.e. P.W.1 has stated that, there is no
fault on the part of the driver of the car, the claimant's
petition cannot be dismissed on the ground that, the
negligent driving has not been proved as the charge-sheet is
filed against the driver of the motorcycle. Considering the
said aspect, the tribunal has erred in giving finding on Issue
No.1 in the negative. Considering the said charge-sheet-
Ex.P.6, the claimant has proved rash and negligent driving of
the driver of the car. Accordingly, Issue No.1 is answered in
the affirmative.
10. As the learned counsel for the appellant/claimant
and the learned counsel for the respondent No.2 concede for
determination of the compensation by this Court itself, by
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producing certified copies of the exhibited documents and
oral evidence, the compensation requires to be determined.
11. The claimant was aged 35 years as on the date of
the accident i.e. 19.10.2017. The liability of the Insurance
company is not in dispute. The notional income fixed for the
year 2017 in the chart prepared by the Legal Services
Authority for the settlement of the disputes in the Lok
Adalath, is Rs.10,250/- per month. Considering the age of
the claimant, the multiplier applicable is '15'.
12. The claimant as per Ex.P.4 - wound certificate
has suffered fracture of Olecranon process on left side.
Ex.P.9 is the disability certificate. P.W.2 - Doctor has issued
disability certificate - Ex.P.9, wherein, he has stated that,
the claimant is having 12-15% disability of limb. Considering
the said aspect, the disability of the whole body is to be
taken at 5%. In view of the above, the claimant is entitle to
loss of future income as under:
Rs.10,250/- X 12 X 15 X 5% = Rs.92,250/-
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13. As the claimant has sustained one fracture, is
entitle to pain and suffering of Rs.30,000/- and loss of
amenities of Rs.30,000/-. The claimant has been admitted in
the hospital for 12 days and therefore, he is entitle to
attendant charges, conveyance charges, food and
nourishment etc., in a sum of Rs.12,000/-. The claimant has
been admitted in the hospital for 12 days and has been
advised rest and therefore, he is entitle for loss of income
during laid up period for three months i.e. Rs.10,250/- X 3
months = Rs.30,750/-.
14. Learned counsel for the respondent No.2-
Insurance company would submit that, the total of all the
medical bills produced comes to Rs.4,200/-. In view of the
same, the claimant is entitle to medical expenses of
Rs.4,200/-.
15. In view of the above, the claimant is entitle for
total compensation as follows:
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Sl.No. Heads of compensation Compensation
awarded
1 Loss of future earning Rs.92,250/-
2 Pain and sufferings Rs.30,000/-
3 Attendant, conveyance, food, diet Rs.12,000/-
and nourishment etc.,
4 Medical expenses Rs.4,200/-
5 Loss of income during laid up Rs.30,750/-
period Rs.10,250/- X 3 months
6 Loss of amenities Rs.30,000/-
Total Rs.1,99,200/-
16. Accordingly, the claimant is entitle to total
compensation of Rs.1,99,200/- with interest at the rate of
6% per annum from the date of petition, till its realization.
17. In view of the above the following:
ORDER
(i) The appeal is allowed;
(ii) The impugned Judgment dated
24.06.2022 passed in MVC No.658/2018 by the II
Additional Senior Civil Judge and MACT-VII,
Vijayapura, is set aside;
(iii) MVC No.658/2018 is allowed in part;
(iv) The claimant is entitle to total
compensation of Rs.1,99,200/- with interest at the
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rate of 6% per annum from the date of petition, till
its realization.
(v) The respondent No.2 - Insurance
company shall deposit the award amount 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.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
SVH
