[Cites 2, Cited by 0]

Karnataka High Court

Shri. Basavaraj S/O Nirvaneppa Akki vs Sri. Manjunath S/O Shankar Jalikatti on 6 April, 2026

Author: Shivashankar Amarannavar

Bench: B.M.Shyam Prasad, Shivashankar Amarannavar

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                                                           MFA No. 104182 of 2017
                                                       C/W MFA No. 102752 of 2017
                                                      MFA.CROB No. 100128 of 2017
                        HC-KAR



                        IN THE HIGH COURT OF KARNATAKA AT DHARWAD
                              DATED THIS THE 6TH DAY OF APRIL 2026
                                             PRESENT
                              THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
                                                AND
                       THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                        MISCELLANEOUS FIRST APPEAL NO.104182 OF 2017 (MV)
                                              C/W
                       MISCELLANEOUS FIRST APPEAL NO.102752 OF 2017 (MV-I),
                             MFA CROSS OBJ NO.100128 OF 2017 (MV-I)

                       IN MFA NO.104182/2017:
                       BETWEEN:
                           SHRI. BALESH S/O. CHIDANAND NAVI
                           AGE: 29 YEARS, OCC: ASSEMBLY MAN
                           /OPERATOR, NOW NIL,
                           R/O: KHANGAON VILLAGE,
                           TQ: GOKAK, DIST: BELAGAVI-590018.
                                                             ...APPELLANT
                       (BY SRI. VITTHAL S.TELI, ADVOCATE)

                       AND:

VISHAL                 1.   SRI. MANJUNATH S/O. SHANKAR JALIKATTI
NINGAPPA                    AGE: 36 YEARS, OCC: BUSINESS,
PATTIHAL                    R/O: H.NO.356, PETH GALLI, SAMBRA,
Digitally signed by
                            TQ: AND DIST: BELAGAVI-590019.
VISHAL NINGAPPA
PATTIHAL
Location: HIGH COURT
OF KARNATAKA
                       2.   THE NEW INDIA ASSURANCE CO. LTD.,
DHARWAD BENCH
                            REPRESENTED BY ITS MANAGER,
                            BHAVANI CHAMBERS, NO.1663, 2ND FLOOR,
                            RAMLINGKHIND GALLI, BELAGAVI-590001.
                                                         ...RESPONDENTS
                       (BY SRI. R.R.MANE, ADVOCATE FOR R2;
                           NOTICE TO R1 IS SERVED)

                            THIS MISCELLANEOUS FIRST APPEAL IS FILED
                       U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE
                       JUDGMENT AND AWARD DATED 09.05.2017 PASSED IN
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                                    MFA No. 104182 of 2017
                                C/W MFA No. 102752 of 2017
                               MFA.CROB No. 100128 of 2017
 HC-KAR



MVC NO.2297/2016 ON THE FILE OF THE XI
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION; AND ETC.

IN MFA NO.102752/2017:
BETWEEN:
     THE NEW INDIA ASSURANCE CO. LTD.,
     REPRESENTED BY ITS MANAGER,
     BHAVANI CHAMBERS, NO.1663,
     2ND FLOOR, RAMLINGKHIND GALLI,
     BELAGAVI, BY ITS AUTHORISED,
     SIGNATORY/DULY CONSTITUTED ATTORNEY.
                                        ...APPELLANT
(BY SRI. R.R.MANE, ADVOCATE)

AND:
1.   SHRI. BASAVARAJ S/O. NIRVANEPPA AKKI
     AGE: 29 YEARS, OCC: POSTMAN,
     R/O: KHANGAON VILLAGE,
     TQ: GOKAK, DIST: BELAGAVI.
2.   SHRI. MANJUNATH S/O. SHANKAR JALIKATTI
     AGE: 36 YEARS, OCC: BUSINESS,
     R/O: H.NO.356, PETH GALLI,
     SAMBRA, TQ: AND DIST: BELAGAVI.
     (OWNER OF HERO KARIZMA MOTOR
     CYCYLE BEARING NO.KA-29/W-3673)
                                   ...RESPONDENTS
(BY SRI. VITTHAL S.TELI, ADVOCATE FOR R1;
    NOTICE TO R2 IS DISPENSED WITH)

    THIS MISCELLANEOUS FIRST APPEAL IS FILED
U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST
THE JUDGMENT AND AWARD DATED 09.05.2017
PASSED IN MVC NO.2296/2016 ON THE FILE OF THE XI
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND
MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS
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                                 MFA No. 104182 of 2017
                             C/W MFA No. 102752 of 2017
                            MFA.CROB No. 100128 of 2017
 HC-KAR



TRIBUNAL,       BELAGAVI,     AWARDING       THE
COMPENSATION OF RS.5,82,200/-, ALONG WITH
INTEREST AT THE RATE OF 9% P.A. FROM THE DATE
OF PETITION TILL THE DATE OF DEPOSIT; AND ETC.

IN MFA.CROB NO.100128/2017:
BETWEEN:
    SHRI. BASAVARAJ S/O. NIRVANEPPA AKKI
    AGE: 29 YEARS, OCC: POSTMAN,
    R/O: KHANGAON VILLAGE,
    TQ: GOKAK, DIST: BELAGAVI.
                               ...CROSS-OBJECTOR
(BY SRI. VITTHAL S.TELI, ADVOCATE)

AND:
1.   SRI. MANJUNATH S/O. SHANKAR JALIKATTI
     AGE: 36 YEARS, OCC: BUSINESS,
     R/O: H.NO.356 PETH GALLI,
     SAMBRA, TQ: AND DIST: BELAGAVI.

2.  THE NEW INDIA ASSURANCE CO. LTD.,
    REPRESENTED BY ITS MANAGER,
    BHAVANI CHAMBERS, NO.1663, 2ND FLOOR,
    RAMLINGKHIND GALLI, BELAGAVI.
                                  ...RESPONDENTS
(BY SRI. R.R.MANE, ADVOCATE FOR R2;
    NOTICE TO R1 IS DISPENSED WITH)

    THIS MFA CROB. IN MFA NO.102572/2017 IS FILED
UNDER ORDER 41 RULE 22 OF CPC READ WITH
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988
AGAINST THE JUDGMENT AND AWARD DATED
09.05.2017 PASSED IN MVC NO.2296/2006 ON THE XI
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND
MEMBER, ADDITIONAL MACT, BELAGAVI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.

    THESE APPEALS AND MFA CROSS OBJECTION
COMING ON FOR ADMISSION THIS DAY, JUDGMENT
WAS DELIVERED THEREIN AS UNDER:
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                                              MFA No. 104182 of 2017
                                          C/W MFA No. 102752 of 2017
                                         MFA.CROB No. 100128 of 2017
HC-KAR




CORAM:       HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
             AND
             HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                          ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)

MFA No.104182/2017 is filed by the

claimant seeking enhancement of compensation

awarded in judgment and award dated 09.05.2017

passed in MVC No.2297/2016 by XI Additional

District and Sessions Judge and Additional Motor

Accident Claims Tribunal, Belagavi.

2. MFA No.102752/2017 is filed by the

insurer challenging the quantum compensation

awarded in the judgment and award dated

09.05.2017 passed in MVC No.2296/2016 by XI

Additional District and Sessions Judge and

Additional Motor Accident Claims Tribunal, Belagavi

(hereinafter referred to as 'Tribunal' for brevity). In

the said MFA, cross objections in MFA Crob

No.100128/2017 has been filed by the claimant

seeking enhancement of the compensation.

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3. The facts leading to filing of the

claim petitions are as under:

a) On 26.07.2016, when the claimant in

MVC No.2296/2016 was proceeding on

his motorcycle bearing registration

No.KA-49/L-1005 as pillion rider, ridden

by his friend, Sri Balesh -the claimant in

MVC No.2297/2016. At 04.45 p.m. near

Mutaga petrol pump at Mutaga village,

one motor cycle bearing registration

No.KA-29/W-3673 came from opposite

direction in a rash and negligent manner

and dashed to the claimant's vehicle,

causing the accident and resulting in

grievous injuries to both claimants. Both

claimants, who have sustained grievous

injuries have filed claim petitions seeking

awarding of compensation under various

heads.

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b) Respondent No.1 is the owner of the

offending vehicle bearing No.KA-29/W-

3673 filed objections denying the entire

averments of the petition and also

contented that his vehicle is insured with

respondent No.2 and in case of any

liability, it is to be saddled on the

insurer.

c) Respondent No.2 -insurer denied the

entire claim of the claimants and

contented that there are two vehicles

involved in the accident. Owner and

insurer of another vehicle are necessary

parties to the proceedings.

4. On the above pleadings, the Tribunal

has framed the following issues:

1. Whether the petitioners prove that on 26-

07-2016 at 4.45 p.m. infront of Mutaga Petrol Pump, on Belagavi-Bagalkot road, Mutaga village, Tq & Dist: Belagavi, the petitioners sustained injuries in the

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accident due to the rash or negligent riding of Motorcycle bearing Regn. No.KA- 29/W-3673?

2. Whether the respondent No.2 proves that the motorcycle bearing No.KA-49/L-1005 was rash or negligent and thereby caused the accident in question?

3. Whether the petition is barred for non joinder of owner and insurer of the motorcycle bearing No.KA-49/L-1005?

4. Whether the petitioners are entitle for compensation? If so, at what amount and from whom?

5. What order or award?

5. The claimants in both the petitions

have been examined as P.W.1 and P.W.2, examined

the same doctors as P.W.3 and P.W.4 and got marked

documents as Ex.P1 to P25. Respondents have not

lead any evidence but got marked documents as

Ex.R1 to R3. The Tribunal after hearing the

arguments and appreciating the evidence on record

has answered Issue No.1 in affirmative, Issue Nos.2

and 3 in negative and Issue No.4 partly in affirmative

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and awarded compensation under different heads as

under:

                              MVC              MVC

Loss of future income       2,75,400         2,38,680
Pain and suffering           60,000           45,000
Loss of income during        20,000           10,000
laid up period
Loss of medical             1,52,741          78,548
expenses.
Loss of food, nutrition      20,000           20,000
and attendant charges
  Total compensation        5,82,141/-      4,19,228/-
      (in rupees)           5,82,200/-      4,19,300/-

6. The claimant in MVC No.2297/2016

has filed appeal seeking enhancement of the

compensation. The insurer in MVC No.2296/2016

has filed appeal challenging the quantum and in the

said appeal, claimant has filed cross-objections

seeking enhancement of compensation.

7. Heard learned counsels for

claimants and learned counsel for the Insurer.

8. Learned counsel for Insurer who is

appellant in MFA No.102752/2017 would contend

that the claimant is postman. Even though he has

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suffered fractures, he has not been removed from

service or lost his job due to the accident. There is no

evidence that he is not able to do the work of the

postman and his job has not been reduced from the

post of postman to another post. Therefore, he only

entitled to loss of pay for 06 months and he is not

entitled to loss of future income. The claimant

continued to work as a postman even after the

accident except for 06 months and therefore, he is

not entitled for loss of future income. The Tribunal

has erred in taking net income of the claimant. The

Tribunal has added deductions of Rs.906/- to the

gross salary of Rs.7,976/- and has taken the income

at Rs.9,000/- per month. The said adding of the

deductions to the gross salary is not proper. He

further contends that when there is no loss of future

income, there is no question of assessing the

disability of the claimant. The Tribunal has rightly

awarded just compensation in MVC No.2297/2016

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and there are no grounds for enhancement of

compensation.

9. Learned counsel for the claimant in

MFA No.104182/2017 (MVC No.2297/2016) would

contend that considering the fractures sustained by

the injured, compensation awarded by the Tribunal

for pain and suffering, loss of future medical

expenses and loss of food nourishment and attendant

charges are on lower side and seeks enhancement of

the compensation under those heads.

10. Learned counsel for the claimant in

MFA Crob No.100128/2017 (MVC No.2296/2016)

would contend that the nails and screws have been

fixed in the right tibia bone and they requires to be

removed by operation. Therefore, the claimant is

entitled to future medical expenses of Rs.50,000/- as

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

compensation awarded for food, nourishment and

attendant charges of Rs.20,000/- by the Tribunal is

not proper since the claimant has taken rest for 06

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months which is indicated in Ex.P12 -leave certificate

wherein he has availed 06 months leave without pay.

With these, he prays to enhancement of the

compensation as awarded by the Tribunal.

11. Having heard learned counsels, we

have perused the impugned judgment, award and

trial Court records. The accident and liability of the

insurer to pay compensation is not in dispute.

MFA No.102752/20147 and MFA Crob No.100128/2017 (MVC No.2296/2016)

12. The claimant is aged 28 years and

he is working as a postman is not in dispute. Ex.P12

is leave certificate which indicates that the claimant

has availed 06 months leave without pay. The

evidence on record does not indicate that the

claimant who was working as a postman has been

removed or reduced in rank or reduction in his pay

due to the accident. Therefore, the claimant is not

entitled for loss of future income. The claimant is

entitled only to loss of income during laid up period

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since he has availed 06 months leave without pay

which is indicated in Ex.P12 - leave certificate.

13. Ex.P13 is salary slip of the claimant

and his gross salary is Rs.7,976/- and deductions are

at Rs.906/- (PLI and CGEGIS) and his net payable

salary is Rs.7070/-. The Tribunal while calculating

the income of the claimant has erred in adding

deductions to the gross salary. Since these

deductions are statutory deductions, the net payable

salary of the claimant is Rs.7,070/- per month. Since

the claimant has taken leave for 06 months without

pay, he is entitled to compensation for loss of income

during laid up period in a sum of Rs.42,420/-

(Rs.7070/- x 6) as against Rs.54,000/- as awarded

by the Tribunal. The Tribunal has rightly awarded

Rs.60,000/- towards pain and suffering and

Rs.1,52,741/- towards medical expenses. The X-ray

report -Ex.P9 indicates that the claimant has been

fixed with nails and screws in the right tibia bone and

he needs to be operated for removal of the same for

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which he is entitled to a sum of Rs.50,000/- towards

future medical expenses as against Rs.20,000/- as

awarded by the Tribunal. The claimant who had

suffered fracture has been admitted in hospital and

he took rest for 06 months and therefore, he is

entitled to compensation under the head of food,

nourishment and attendant charges in a sum of

Rs.50,000/- as against Rs.20,000/- as awarded by

the Tribunal. The claimant is not entitled to loss of

future income of Rs.2,75,400/- as awarded by the

Tribunal. The Tribunal has not awarded towards loss

of amenities. In view of the fact that the claimant has

sustained fractures is entitled to a sum of

Ra50,000/- towards loss of amenities of life.

Considering the above aspects, the claimant is

entitled to compensation as under:

     Sl.No.           Heads          Amount in
                                         Rs.
     1        Pain and suffering     60,000/-
     2        Loss of income during 42,420/-
              laid up period
     3        Medical expenses       1,52,741/-
     4        Future         medical 50,000/-
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               expenses
     5         Food,    nourishment 50,000/-
               and attendant charges
     6         Loss of amenities of 50,000/-
               life
                               Total 4,05,161/-

Considering the above aspects, the claimant

is entitled to total compensation of Rs.4,05,161/- as

against Rs.5,82,141/- as awarded by the Tribunal.

MFA No.104182/2017 (MVC No.2297/2016)

14. The Tribunal has taken age of the

claimant as 28 years based on the age mentioned in

Ex.P17 -wound certificate. The Tribunal has rightly

taken the income of the deceased at Rs.9,000/- per

month and rightly applied the multiplier 17. P.W.4 is

the doctor who has assessed disability of the

claimant. Ex.P22 is the disability certificate issued by

P.W.4. P.W.4 who examined the injured has assessed

the disability to the extent of 30% to right upper limb

and 10% to right lower limb and assessed the total

disability at 40%. The Tribunal considering the said

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aspect and also the age of the claimant has taken the

disability at 13% of the whole body by relying on the

decision of the Raj Kumar Vs Ajay Kumar and

Another1. The Tribunal has rightly assessed the loss

of future income as under

Rs.9,000/- x 12 x 17 x 13% =Rs.2,38,680/-

15. Ex.P18 -discharge summary

indicates that the claimant has been admitted in the

hospital for 22 days. Considering said aspect, the

Tribunal has awarded loss of income during laid up

period in a sum of Rs.27,000/- (9000 x 3). Ex.P.17 -

wound certificate indicates that the claimant has

sustained two grievous injuries and one simple

injury. Considering the same, the claimant is entitled

to pain and suffering in a sum of Rs.50,000/- as

against Rs.45,000/- as awarded by the Tribunal.

Ex.P21 -X-ray report indicate that the claimant had

been fixed with nails and screws, he requires to

undergo operation for removal of the same. Therefore,

In 2011 ACJ 1 SC

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he is entitled to future medical expenses of

Rs.30,000/- as against Rs.10,000/- as awarded by

the Tribunal. The Tribunal has rightly awarded

medical expenses of Rs.78,548/- based on the

medical bills which are at Ex.P19. The claimant has

sustained two fractures and one simple injury and he

has been admitted in the hospital for 22 days and he

has taken rest for 03 months. Considering the said

aspect, he is entitled for Rs.50,000/- towards food,

nourishment and attendant charges as against

Rs.20,000/- as awarded by the Tribunal. The

Tribunal has not awarded towards loss of amenities.

In view of the fact that the claimant has sustained

two fractures and one simple injury is entitled to a

sum of Ra50,000/- towards loss of amenities of life.

In view of the above, the claimant is entitled to total

compensation under different heads as under:

     Sl.No.               Heads     Amount in
                                        Rs.
     1        Loss of future Income 2,38,680/-
     1        Pain and suffering    60,000/-
     2        Loss of income during 27,000/-
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                     laid up period
           3         Medical expenses          78,548/-
           4         Future         medical    30,000/-
                     expenses
           5         Food,     nourishment     50,000/-
                     and attendant charges
           6         Loss of amenities of      50,000/-
                     life
                                      Total    5,34,228/-

The claimant is entitled total compensation

of Rs.5,34,228/- as against Rs.4,19,300/- as

awarded by the Tribunal.

16. The Tribunal has awarded interest at

the rate of 9% p.a.. Considering the Bank interest

rate, it is on higher side. Therefore, claimants are

entitled to interest at the rate of 6% p.a..

17. In view of the above, the following

ORDER

i) MFA No.104182 of 2017, MFA No.102752 of

2017 and MFA.CROB No.100128 of 2017 are

allowed in part.