[Cites 2, Cited by 0]
Karnataka High Court
Babu S/O Hasan Hujadar vs The Managing Director on 6 April, 2026
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2026:KHC-D:5052
MFA No. 102848 of 2014
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
AT DHARWAD
DATED THIS THE 6TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
MISCELLANEOUS FIRST APPEAL NO.102848 OF 2014 (MV-I)
BETWEEN:
BABU S/O HASAN HUJADAR,
AGE: 41 YEARS,
OCC: MASON PRESENTLY NIL,
R/O: ANAND GALLI MACHHE,
TALUK AND DIST: BELGAUM.
...APPELLANT
(BY SMT.SHAILA BELLIKATTI, ADVOCATE)
AND:
1. THE MANAGING DIRECTOR,
KADAMBA TRANSPORT CORPORATION LTD.,
PARAISE DE GOA PORVORIM,
(P.O) BARDEZ, NORTH GOA, GOA-403501.
(OWNER OF GSRTC BUS NO.GA-03/X-0090)
CHANDRASHEKAR
LAXMAN
KATTIMANI
2. THE DIVISIONAL MANAGER,
THE UNITED INIDA INSURANCE CO. LTD.,
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: High Court of
Karnataka, Dharwad Bench
D.O.1568, MARUTI GALLI, BELGAUM.
Date: 2026.04.07 10:13:58
+0100
...RESPONDENTS
(BY SRI MANOHAR V. NAYAK, ADVOCATE FOR R1 (ABSENT);
SRI MK SOUDAGAR, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST JUDGMENT AND AWARD DATED 18.08.2014, PASSED IN
MVC.NO.245/2013 ON THE FILE OF THE IV ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND MEMBER MACT-V, BELGAUM, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION & ETC.
-2-
NC: 2026:KHC-D:5052
MFA No. 102848 of 2014
HC-KAR
THIS MFA COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
ORAL JUDGMENT
Challenging judgment and award dated 18.08.2014 passed
by IV Additional District and Sessions Judge and Member MACT-
V, Belgaum ('Tribunal' for short), in MVC no.245/2013, this
appeal is filed.
2. Smt.Shaila Bellikatti, learned counsel for appellant
submitted, appeal was by claimant for enhancement of
compensation. It was submitted, at 5:30 p.m., on 26.01.2013 on
Belagavi-Khanapur road, when claimant was proceeding on
motorcycle, driver of Bus no.GA-03/X-0090 drove it in rash and
negligent manner and dashed against motorcycle causing
accident. In accident, claimant sustained grievous injuries to
head, fracture of three fingers etc. Though he took treatment at
District Hosptial, Belagavi as indoor patient for one month, he
did not recover fully and sustained loss of earning capacity.
Therefore, he filed claim petition against owner and insurer of
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HC-KAR
Bus under Section 166 of Motor Vehicles Act, 1988, ('MV Act' for
short).
3. On contest, wherein claim petition was opposed on
all grounds, Tribunal framed issues and recorded evidence.
Claimant along with Dr.SR Angadi, deposed as PWs.1 and 2 and
got marked Exs.P.1 to P.12. While, insurer examined its official
as RW1 and got marked Exs.R.1 to R.3.
4. On consideration, Tribunal held accident had occurred
due to rash and negligent driving of Bus by its driver, claimant
was entitled for Rs.77,000/- with interest at 8% per annum from
date of claim petition till deposit. Dissatisfied with quantum,
appeal is filed.
5. It was submitted as on date of accident, claimant
was 40 years of age, working as Mason and earning Rs.10,000/-
per month. He sustained fracture of proximal and distal phalanx
of fifth finger of right hand, assessed by PW2 to have resulted in
disability of 15% as per Ex.P11-disability certificate. However
Tribunal did not award any compensation towards 'future loss of
income' by disbelieving said material. It was submitted
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HC-KAR
compensation awarded under other heads was also on lower side
and sought for enhancement.
6. On other hand, Sri M.K.Soudagar, learned counsel for
respondent-insurer opposed appeal. It was submitted, though
claimant alleged that he has sustained grievous injury of fracture
and same had caused permanent physical disability, injury
sustained was to little finger, which normally would not lead to
any disability or 'loss of earning capacity'. Besides, Tribunal had
awarded higher compensation under all heads and same was
justified and and would not permit enhancement.
7. Heard learned counsel, perused impugned judgment
and award.
8. From above, since this is claimant's appeal, point
that would arise for consideration is:
"Whether claimant is entitled for enhancement of
compensation?"
Same is answered in negative for following :
REASONS
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HC-KAR
9. There is no dispute about occurrence of accident and
claimant sustaining injuries in accident caused by rash and
negligent driving of insured vehicle by its driver. However, as
noted by Tribunal, claimant sustained fracture injuries to his
right little finger and other injuries being noted as simple in
nature. Though, PW2 has issued Ex.P.11-disability certificate
assessing 15% physical disability, due to said injury, normally
fracture of little finger would not lead to any 'loss of earning
capacity', unless it were a grave case of mal-union. Therefore,
Tribunal disbelieving assessment by PW.2 would be justified even
though its assumption that deposition by a doctor who had not
treated claimant would not constitute material, would not be
justified.
10. Besides it is seen that, Tribunal has awarded
Rs.30,000/- towards 'pain and suffering', Rs.10,000/- towards
'loss of income during laid-up period', Rs.15,000/- towards 'loss
of amenities' Rs.2,000/- towards 'medical expenses', Rs.10,000/-
towards 'food and nourishment' and Rs.10,000/- towards
'conveyance and other incidental expenses, which cannot in facts
and circumstances of this case contended to be grossly
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HC-KAR
inadequate. Even rate of interest awarded at 8% per annum
would deny any scope for enhancement. Consequently following:
ORDER
Appeal is dismissed.
Sd/-
(RAVI V.HOSMANI)
JUDGE
EM,CT:VP
LIST NO.: 1 SL NO.: 15
