[Cites 0, Cited by 0]
Karnataka High Court
Somu @ Somanna vs Vijaykumar And Anr on 23 February, 2026
-1-
NC: 2026:KHC-K:1799
MFA No. 203053 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 203053 OF 2024 (MV-I)
BETWEEN:
SOMU @ SOMANNA S/O JATTEPPA KOLLI,
AGE: 26 YEARS, OCC: DRIVER,
RESIDENT OF KONKANGAON, TQ. INDI, DIST.
VIJAYAPURA-586205.
...APPELLANT
(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
Digitally signed by
SHILPA R 1. VIJAYKUMAR S/O MAHANTESH GIRIJA,
TENIHALLI AGE: 43 YEARS, OCC: BUSINESS,
Location: HIGH RESIDENT OF CHITTARAGI, TQ. HUNGUND,
COURT OF
KARNATAKA DIST. BAGALKOT-587118.
2. THE MANAGER LEGAL/CLAIMS,
IFFICO TOKIO GENERAL INSURANCE
COMPANY LIMITED,
1ST FLOOR, BESIDE HOTEL MEGHARAJ
STATION ROAD, VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI S.S. ASPALLI, ADVOCATE FOR R2;
V/O DTD.21.11.2025 NOTICE TO R1 IS DISPENSED WITH)
-2-
NC: 2026:KHC-K:1799
MFA No. 203053 of 2024
HC-KAR
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION AS
CLAIMED IN THE CLAIM PETITION BY MODIFYING THE
JUDGMENT AND AWARD DATED 13-03-2023 PASSED BY THE
COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER,
MACT AT VIJAYAPURA IN MVC NO. 873/2021.
THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
1. Heard the learned counsel for the parties.
2. This appeal is preferred by the claimant assailing
the Judgment and award dated 13.03.2023 passed in MVC
No.873/2021 on the file of the Principal Senior Civil Judge
and MACT-V, at Vijayapura, awarding compensation to the
claimant.
3. For the sake of convenience, the parties will be
referred to as per their ranking before the Tribunal.
4. The relevant facts for adjudication of this appeal
are that, on 27.01.2021, the claimant was removing wheel
of his tractor bearing registration No.MH-10/BX-4918 which
NC: 2026:KHC-K:1799
HC-KAR
was stationed on the Hubballi-Vijayapura road and at that
time, a car bearing registration No.KA-51/MB-0376 came
from opposite direction and dashed to the claimant and the
tractor, resulting in an accident and as such, the claimant
sustained grievous injuries.
5. Hence, the claimant filed MVC No.873/2021
seeking compensation. After service of notice, the
respondent-Insurance company entered appearance and filed
detailed written statement.
6. The Tribunal after considering the material on
record by its Judgment and award dated 13.03.2021
awarded compensation of Rs.2,73,800/- along with interest
at the rate of 6% per annum from the date of petition till the
date of realization. The Tribunal having taken note of the
factual aspects on record, has answered Issue No.1 holding
that the claimant herein has been charge-sheeted along with
the driver of the car and as such, the driver of the tractor
and the driver of the car are liable to an extent of 50:50,
NC: 2026:KHC-K:1799
HC-KAR
respectively. Feeling aggrieved by the same, the claimant
has preferred the present appeal.
7. Heard Sri. Sanganagouda V. Biradar, learned
counsel appearing for the claimant and Sri. S.S.Aspalli,
learned counsel appearing for the Insurance company.
8. It is argued by the learned counsel appearing for
the appellant that, the Tribunal has committed an error in
holding that the claimant has contributed towards the
accident to an extent of 50% and therefore, sought for
interference of this Court. It is also argued that the award of
compensation requires to be enhanced.
9. Per contra, learned counsel appearing for the
respondent-Insurance company sought to justify the
impugned Judgment and award passed by the Tribunal.
10. Having taken note of the submission made by the
learned counsel appearing for the parties, the reasons
assigned by the Tribunal as to the Issue No.1 makes it clear
that, the Tractor was parked in the middle of the road
NC: 2026:KHC-K:1799
HC-KAR
without there being any precautionary measures and parking
lights. The Tribunal has thoroughly examined Ex.P.6-charge-
sheet wherein, the investigation Officer has arrived at a
conclusion that there is negligence on the part of the driver
of the car as well as the claimant being driver of the Tractor.
In that view of the matter, taking into consideration the
finding recorded by the Tribunal, I am of the view that, the
contributory negligence to an extent of 50% on the claimant
is just and proper which does not call for interference in this
appeal.
11. Insofar as the quantum of compensation is
concerned, P.W.2 - Doctor has stated that, 18% as to the
disability to the claimant however, by looking into the nature
of the injuries, I am of the view that the Tribunal ought to
have taken 10%. Since the accident is of the year 2021, as
per the guidelines of the Karnataka State Legal Services
Authority, the monthly income of the claimant is to be taken
at Rs.14,250/-. By applying appropriate multiplier of '18', the
claimant is entitled for Rs.3,07,800/- (Rs.14,250/- X 12 X 18
X 10%) towards loss of future income. By looking into the
NC: 2026:KHC-K:1799
HC-KAR
grievous injuries sustained by the claimant, the award of
compensation as to the remaining heads are as follows:
Sl.No. Heads of compensation Amount
1 Loss of future income Rs.3,07,800/-
2 Pain and sufferings Rs.50,000/-
3 Medical expenses Rs.48,100/-
4 Conventional head Rs.20,000/-
5 Nutrition and diet Rs.20,000/-
6 Loss of income during laid up period Rs.42,750/-
7 Loss of amenities Rs.50,000/-
Total Rs.5,38,650/-
12. Accordingly, the following order:
ORDER
(i) The appeal is allowed in-part;
(ii) The contributory negligence to the
accident in question is saddled in the ratio of
50:50 on the claimant/appellant and the driver of
the car;
(iii) The claimant is entitled for 50% of the
total compensation of Rs.5,38,650/- along with
interest at the rate of 6% per annum from the
date of petition till the date of realization;
(iv) The respondent No.2-Insurance
company is liable to pay 50% of the total
NC: 2026:KHC-K:1799
HC-KAR
compensation along with interest within a period
of six weeks from the date of this order;
(v) Vide order dated 21.11.2025, the
claimant is not entitled for interest for the period
of 423 days in filing the appeal.
Sd/-
(E.S.INDIRESH)
JUDGE
SVH
List No.: 1 Sl No.: 48
CT:PK
