[Cites 2, Cited by 0]

Karnataka High Court

The Manager vs Basavant Basappa Hadapad on 20 February, 2026

                                                -1-
                                                           MFA No.100749 of 2015 c/w
                                                               MFA No.103164 of 2015




                          IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                            DATED THIS THE 20TH DAY OF FEBRUARY, 2026
                                              BEFORE
                             THE HON'BLE DR. JUSTICE K.MANMADHA RAO
                          MISCELLANEOUS FIRST APPEAL NO.100749 OF 2015 (MV)
                                                C/W
                          MISCELLANEOUS FIRST APPEAL NO.103164 OF 2015 (MV)


                   IN MFA NO.100749/2015
                   BETWEEN:
                   THE MANAGER,
                   NATIONAL INSURANCE CO., LTD.,
                   DIVISIONAL OFFICE, BELAGAVI.
                   REPRESENTED BY DEPUTY MANAGER,
                   NATIONAL INSURANCE CO., LTD.,
                   REGIONAL OFFICE, 2ND FLOOR,
                   ARIHANT PLAZA, KESUGAL ROAD,
                   KESHWAPUR, HUBBALLI.
                                                                         ...APPELLANT
                   (BY SRI. M.K. SOUDAGAR, ADVOCATE)

                   AND:

                   1.   SHRI BASAVANT BASAPPA HADAPAD
Digitally signed        AGE: 36 YEARS, OCC: BARBER, NOW NIL,
by
MOHANKUMAR              R/O: H.NO.367/B, BASAVESHWAR ONI,
B SHELAR
Location: High
                        H.NO.331 TO 423, JAKKANAYAKANKOPPA,
Court of                TQ: BAILHONGAL, NOW AT H.NO.6/2,
Karnataka,
Dharwad Bench           VITTAL TEMPLE ROAD,
                        HALAGA, TQ: AND DIST: BELAGAVI.

                   2.   SHRI VITAL BHAVAKANNA PATIL
                        AGE: MAJOR, OCC: SERVICE,
                        R/O: H.NO.264, GANAPATI GALLI,
                        BASTWAD, TQ: AND DIST: BELAGAVI.
                                                                      ...RESPONDENTS
                   (R1 AND R2-SERVED)

                        THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
                   173(1) OF THE MOTOR VEHICLE ACT, PRAYING TO CALL FOR
                   RECORDS IN CASE MVC NO.1194/2014 ON THE FILE OF FAST TRACK
                   COURT II AND ADDL. MACT, BELAGAVI AND SET ASIDE THE
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                                      MFA No.100749 of 2015 c/w
                                          MFA No.103164 of 2015




JUDGMENT AND AWARD DATED 23.01.2015 BY ALLOWING THIS
APPEAL WITH COST AND GRANT SUCH OTHER AND/OR FURTHER
RELIEF'S AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE
FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF
JUSTICE AND EQUITY.

IN MFA NO.103164/2015
BETWEEN:
SHRI BASAVANT BASAPPA HADAPAD
AGE: 35 YEARS, OCC: BARBER, NOW NIL,
R/O:H.NO.367/B, BASAVESHWAR ONI, H.NO.331 TO 423
JAKKANAYAKANKOPPA, VITTAL TEMPLE ROAD, HALAGA,
TQ:BAILHONGAL, NOW AT H.NO.6/2, TQ: & DIST:
BELAGAVI.
                                                    ...APPELLANT
(BY SRI. S.M. KALWAD, ADVOCATE)

AND:

1. SHRI VITTAL BHAVAKANNA PATIL
   AGE: MAJOR, OCC: SERVICE,
   R/O:H.NO.264, GANAPATI GALLI,
   BASTWAD, TQ: & DIST: BELAGAVI.

2. THE MANAGER,
   THE NATIONAL INSURANCE CO. LTD.,
   DIVISIONAL OFFICE, BELAGAVI.
                                                 ...RESPONDENTS
(BY SRI. M.K. SOUDAGAR, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF THE MOTOR VEHICLE ACT 1988, PRAYING TO MODIFY THE
JUDGMENT AND AWARD DATED 23.01.2015 MADE IN MVC
NO.1194/2014 PASSED BY THE COURT OF FAST TRACK COURT II AND
ADDL. MACT, BELAGAVI AND CONSEQUENTLY ENHANCE THE
COMPENSATION AMOUNT AS CLAIMED IN THE CLAIM PETITION, IN
THE INTEREST OF JUSTICE AND EQUITY.

     THESE MISCELLANEOUS FIRST APPEALS HAVING BEEN HEARD
AND RESERVED FOR JUDGMENT ON 06.02.2026 AND COMING ON FOR
PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:

CORAM:   THE HON'BLE DR. JUSTICE K.MANMADHA RAO
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                                        MFA No.100749 of 2015 c/w
                                            MFA No.103164 of 2015




                        CAV JUDGMENT

These two appeals arise out of the judgment and

award dated 23.01.2015 passed in MVC No.1194/2014 by

the Fast Track Court-II and Addl. MACT, Belagavi, whereby

compensation of Rs.5,00,000/- with interest at 9% per

annum was awarded in favour of the claimant for the

injuries sustained in a road traffic accident. MFA

No.100749/2015 is filed by the insurer seeking reduction of

compensation and MFA No.103164/2015 is filed by the

claimant seeking enhancement. Since both appeals arise

out of the same judgment, they are disposed of by this

common judgment.

2. The claimant contended before the Tribunal that

on 03.04.2014 at about 6.30 p.m., while he was proceeding

on a bicycle on the service road of NH-4 near Halaga

village, a motorcycle bearing registration No.KA-22/ED-

4987 came in a rash and negligent manner and dashed

against him, resulting in grievous injuries including fracture

of both bones of the right leg. He was treated as an

MFA No.100749 of 2015 c/w

inpatient and underwent surgery with implants. It was

further contended that he was working as a barber and

earning Rs.15,000/- per month and that due to permanent

disability he suffered loss of earning capacity.

3. The Tribunal, on appreciation of oral and

documentary evidence including FIR, complaint, wound

certificate, medical records and disability evidence, held

that the accident occurred due to the negligence of the rider

of the motorcycle and awarded total compensation of

Rs.5,00,000/- under various heads.

4. Learned counsel appearing for the insurer

contended that the Tribunal committed an error in assessing

the compensation on the higher side. It is submitted that

there was no documentary evidence to establish income of

Rs.15,000/- per month and the Tribunal adopted excessive

functional disability while calculating future loss of income.

It is further contended that the compensation granted under

the heads of pain and suffering and loss of amenities is

disproportionate to the injuries sustained and therefore the

award requires interference.

MFA No.100749 of 2015 c/w

5. Per contra, learned counsel appearing for the

claimant submitted that the claimant sustained fracture

injuries to the weight-bearing part of the body and

continues to suffer difficulty in standing for long hours

which directly affects his avocation as a barber. It is argued

that the Tribunal ought to have granted higher

compensation and therefore enhancement is sought.

6. Having heard learned counsel on both sides and

on re-appreciation of the material on record, this Court

finds that the occurrence of the accident and the injuries

sustained by the claimant are not in serious dispute. The

only question that arises for consideration is with regard to

the quantum of compensation.

7. The claimant asserted a monthly income of

Rs.15,000/-, however no documentary evidence was

produced. In such circumstances, notional income has to be

fixed on a reasonable basis. The Hon'ble Supreme Court in

Syed Sadiq vs. Divisional Manager, United India

Insurance Co. Ltd. reported in 2014 ACJ 627 has held

that where there is no proof of income, a reasonable

MFA No.100749 of 2015 c/w

notional income must be assessed considering the year of

accident and nature of avocation. Therefore, reassessment

of compensation becomes necessary.

8. The medical evidence indicates fracture of both

bones of the right leg and surgery with implants. Though

the doctor has spoken about disability to the limb, it is well

settled in Raj Kumar vs. Ajay Kumar reported in 2011

ACJ 1 SC that the Court must consider functional disability

affecting earning capacity. The evidence on record indicates

that the claimant continues to run a barber shop and

therefore the disability affecting earning capacity requires

modification.

9. Considering the nature of injuries, period of

treatment and the principles governing award of

compensation, this Court reassesses the compensation as

follows:

    Sl.No.           Particulars              Amount (Rs)
       1   pain and suffering;                     40,000
       2   loss of amenities                       50,000
       3   loss of income during laid-up           24,000
           period
       4   incidental charges                         29,000

                                      MFA No.100749 of 2015 c/w





       5      loss of future income                1,48,500
       6      Future medical expenses                20,000
                           Total                  3,11,500
              Less: compensation awarded           5,00,000
              by the Tribunal
              Reduced compensation                1,88,500

10. Thus, the claimant is entitled to total

compensation of Rs.3,11,500/- as against Rs.5,00,000/-

awarded by the Tribunal and there shall be reduction of

Rs.1,88,500/-.

11. The Tribunal awarded interest at 9% per annum.

Considering the prevailing rate of interest consistently

adopted by this Court in similar matters, interest at 6% per

annum from the date of petition till realization would be just

and proper.

12. Accordingly, this court proceeds to pass the

following: