Mohan Singh vs Siddappa And Anr
2026 Latest Caselaw 1843 Kant

Citation : 2026 Latest Caselaw 1843 Kant
Judgement Date : 26 February, 2026

[Cites 1, Cited by 0]

Karnataka High Court

Mohan Singh vs Siddappa And Anr on 26 February, 2026

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                                                           NC: 2026:KHC-K:1933
                                                       MFA No. 202487 of 2022


                      HC-KAR




                                 IN THE HIGH COURT OF KARNATAKA

                                        KALABURAGI BENCH

                            DATED THIS THE 26TH DAY OF FEBRUARY, 2026

                                              BEFORE
                               THE HON'BLE MR. JUSTICE E.S.INDIRESH
                           MISCL. FIRST APPEAL NO. 202487 OF 2022 (MV-I)


                      BETWEEN:

                      MOHAN SINGH S/O DEVA SINGH,
                      AGE: 69 YEARS, OCC: SECURITY GAURD (NOW NIL),
                      R/O MADANPUR GALLI, YADAGIRI,
                      TQ. AND DISTRICT. YADAGIRI.
                                                                 ...APPELLANT

                      (BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE)

                      AND:

                      1.   SIDDAPPA S/O BANNAPPA,
                           AGE: 46 YEARS, OCC: OWNER OF MOTOR CYCLE
Digitally signed by        BEARING REG. NO.KA-33/J-4287,
SHILPA R
TENIHALLI                  R/O UPPARWADI, W.NO.31, DURGA NIWAS,
Location: HIGH             WALMIKI NAGAR, YADAGIRI,
COURT OF
KARNATAKA                  TQ. AND DIST. YADAGIRI-585201.

                      2.   THE DIVISIONAL MANAGER,
                           NATIONAL INSURANCE CO. LTD.,
                           BILGUNDI COMPLEX, OPP. MINI VIDHANA SOUDHA,
                           KALABURAGI-585102.
                           TQ. AND DIST. KALABURAGI.
                                                               ...RESPONDENTS

                      (BY SRI MANVENDRA REDDY, ADVOCATE FOR R2;
                      V/O DTD.23.05.2023 NOTICE TO R1 IS DISPENSED WITH)
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                                        NC: 2026:KHC-K:1933
                                    MFA No. 202487 of 2022


HC-KAR




     THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
ALLOW    THE   APPEAL,   JUDGMENT    AND   AWARD    DATED
31.03.2022 IN MVC NO.183/2021 PASSED BY THE LEARNED
MEMBER, MACT-II AT YADGIR, MAY KINDLY BE MODIFIED BY
ENHANCING THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION.


     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH


                   ORAL JUDGMENT

This appeal is directed against the judgment and

award dated 31.03.2022 passed in MVC No. 183 of

2021 by the MACT-II, Yadagiri (for short, "the

Tribunal"), whereby compensation was awarded to the

claimant.

2. For the sake of convenience, the parties in this

appeal are referred to according to their status and

ranking before the Tribunal.

NC: 2026:KHC-K:1933

HC-KAR

3. I have heard Sri Veeranagouda Malipatil, learned

counsel appearing for the appellant, and Sri

Manvendra Reddy, learned counsel appearing for the

respondent-Insurance Company. I have also perused

the records.

4. In light of the arguments advanced by the

learned counsel for the parties, there is no dispute

regarding the occurrence of the road traffic accident

on 08.01.2021, in which the claimant sustained

grievous injuries. On perusal of the evidence of PW-2,

the treating Doctor has deposed that the claimant

suffered disability to the extent of 34%. However, the

Tribunal has taken the disability at 12%, which

requires modification and I am of the opinion that, the

Tribunal ought to have taken disability to the extent of

15%.

NC: 2026:KHC-K:1933

HC-KAR

5. The accident occurred in the year 2021. As per

the guidelines issued by the Karnataka State Legal

Services Authority, the notional income of the

claimant is taken at Rs.14,250/- per month. By

applying the multiplier of 5, in terms of the judgment

of the Hon'ble Supreme Court in the case of Sarla

Verma v. Delhi Transport Corporation, reported in

(2009) 6 SCC 121, and taking the disability at 15%,

the claimant is entitled to compensation of Rs.

1,28,250/- (14,250 × 15% × 12 × 5) towards loss of

future income due to permanent disability.





                                               Amount
Heads
                                               (Rs.)
Pain and suffering                             50,000
Medical expenses                               1,28,221
Removal of implant                             20,000
Attendant charges                       20,000

Loss of income during treatment (14,250 42,750 × 3 months) Loss of future income due to permanent 1,28,250

NC: 2026:KHC-K:1933

HC-KAR

disability Loss of future amenities 50,000 Total 4,39,221 Less: Compensation awarded by the 3,46,221 Tribunal Enhancement of compensation 93,000

6. Taking into consideration the nature of injuries

sustained by the appellant-claimant, the

compensation is reassessed under the following

heads:

7. After deducting the compensation already

awarded by the Tribunal, the claimant is entitled to an

enhanced compensation of Rs. 93,000/-.

8. Thus, the claimant is entitled to a total