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Karnataka High Court
Shivakanthamma @ Shivamma vs Ashappa And Ors on 12 January, 2026
-1-
NC: 2026:KHC-K:160
MFA No. 202153 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 202153 OF 2019 (MV-I)
BETWEEN:
SHIVAKANTHAMMA @ SHIVAMMA
W/O LATE ANANTAYYA,
AGE: 37 YEARS,
OCC: COOLIE & AGRICULTURE NOW NIL,
R/O. KONAPUR, TQ.SEDAM,
DIST. KALABURAGI-585 101.
...APPELLANT
(BY SRI BABU H. METAGUDDA, ADVOCATE)
AND:
Digitally signed
by LUCYGRACE 1. ASHAPPA S/O NARASAPPA,
Location: HIGH AGE: 41 YEARS, OCC: OWNER OF THE AUTO
COURT OF NO.KA-32/B-0486,
KARNATAKA
R/O. KONAPUR, TQ.SEDAM,
DIST. KALABURAGI-585 101.
2. THE MANAGER,
NATIONAL INSURANCE CO. LTD. MAIN ROAD,
BILGUNDI COMPLEX OPP.VINDHAN SOUDHA,
KALABURAGI-585 101.
3. JAGADISH S/O HANAMAYYA,
AGE: 43 YEARS, OCC: OWNER OF THE COMMANDER
JEEP NO.AP-07/S-6100,
-2-
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MFA No. 202153 of 2019
HC-KAR
R/O. KURKUNTA, TQ.SEDAM,
DIST. KALABURAGI-585 101.
4. THE MANAGER OF IFCO TOKIO,
GENERAL INSURANCE CO. LTD.,
ASIAN ARCADE G1, G2, G12, G13,
NEAR ANAND HOTEL, KALABURAGI-585 101
...RESPONDENTS
(BY SRI SHARANABASAPPA M. PATIL, ADVOCATE FOR R2;
SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R4;
V/O DATED 26.02.2021 N/R1 AND R3 IS DISPENSED WITH )
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO ALLOW THIS APPEAL AND MODIFY THE
JUDGMENT AND AWARD DATED 23.08.2019 PASSED IN MVC
NO.232/2017 BY THE SENIOR CIVIL JUDGE AND MACT AT
KALABURAGI. AND ENHANCING THE COMPENSATION FROM
RS.5,15,400/- WITH 6 % INTEREST TO RS.20,00,000/- WITH
12 % INTEREST.
THIS APPEAL, COMING ON FOR FINAL HEARING, 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 23.08.2019 in MVC No.232/2017 on the file
of Senior Civil Judge and MACT, Sedam (hereinafter
referred to as 'Tribunal') awarding compensation to the
appellant.
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HC-KAR
2. For the sake of brevity, the parties in the
appeal shall be referred to in terms of their status and
ranking before the Tribunal.
3. Brief facts are that, on 12.08.2016, petitioner
was traveling in Auto bearing No.KA-32/B-0486 and at
that time a Jeep bearing No.AP-07/S-6100, dashed to the
Auto in which the petitioner was traveling and on account
of the same, the petitioner has sustained grievous injuries.
Hence the petitioner has filed MVC No.232/2017 seeking
enhancement of compensation from the respondents.
4. The Tribunal after considering the material on
record by its judgment and award dated 23.08.2019
granted compensation of Rs.5,15,400/- with interest at
the rate of 6% per annum from the date of petition till
realization. Being aggrieved by the inadequate
compensation awarded by the Tribunal, the appellant has
preferred this appeal.
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HC-KAR
5. Heard Sri Babu H.Metagudda, the learned
counsel appearing for the appellant/claimant and Sri.
Sharanabasappa M.Patil, the learned counsel appearing for
respondent No.2-insurance company and Smt. Preeti Patil
Melkundi. the learned counsel appearing for the
respondent No.4-insurance company.
6. The learned counsel for the appellant submitted
that the Tribunal has committed an error in considering
the monthly income of the claimant at Rs.7,000/- per
month and same is run contrary to, the wages taken by
this Court in identical matters at Rs.8,750 per month and
therefore, sought for interference of this Court.
7. It is also argued by the learned counsel
appearing for the appellant, by inviting the attention of the
Court to the injuries sustained by the claimant that the
award of compensation under the head pain and suffering
is required to be enhanced and as the petitioner was
inpatient for more than 35 days, the award of
compensation under the attendant charges, food and
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conveyance charges requires to be enhanced in this
appeal. Accordingly, sought for interference of this Court.
8. Learned counsel appearing for the respondents
sought to justify the impugned award and submitted that
no interference is called for in this case.
9. In the light of the submission made by the
learned counsel appearing for the parties, it is not in
dispute as to the fact that the petitioner sustained injury
on account of the road accident on 12.08.2016 and
thereafter, the petitioner was inpatient for a period of 35
days from 07.12.2016 to 10.01.2017.
10. I have carefully examined the evidence of the
doctor (PW2) adduced as to the injuries sustained by the
claimant. In that view of the matter, the finding recorded
by the Tribunal by taking into consideration the disability
of the claimant at 19% to the whole body is just and
proper. The claimant is aged about 30 years at the time
of the accident and appropriate multiplier applicable to his
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HC-KAR
age group is '35'. Thus, the claimant is entitled for
compensation of Rs.3,19,200/- (8,750*12*16*19%)
under the head of 'loss of future income'.
11. Due to the accident, the claimant has suffered
grievous injuries. He was inpatient for a period of 35 days
and has to suffer disability as stated by Tribunal and
unhappiness throughout his life. Considering the evidence
of doctor, injuries sustained by the claimant, I am inclined
to enhance the compensation under the head 'loss of
amenities and nutrition food' has to be enhanced from
Rs.30,000/- to Rs.50,000/-.
12. The nature of injuries indicate that the claimant
must have been under treatment for a period of 3 months.
Consequently, the claimant is entitled for compensation of
Rs.26,250/- (Rs.8,750*3 months) under the head 'loss of
income during laid up period'.
13. It is also to be noted that as it is not in dispute
that the claimant was inpatient for a period of 35 days.
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Therefore, I am inclined to enhance the compensation
awarded under the head of 'attendant charges, food and
conveyance charges' from Rs.17,500/- to Rs.25,000/-.
14. Considering the nature of injuries, the
compensation awarded by the Tribunal under other heads
is just and reasonable.
15. Thus, the claimant is entitled to the following
compensation:
Compensation under As awarded As awarded
different Heads by the by this Court
Tribunal (Rs.)
(Rs.)
Pain and suffering 70,000/- 70,000/-
Attendant charges, 17,500/- 25,000/-
food and conveyance
charges
Loss of future income 2,55,400/- 3,19,200/-
Medical expenditure 1,21,500/- 1,21,500/-
Loss of income during 21,000/- 26,250/-
treatment
Loss of amenities and 30,000/- 50,000/-
nutrition food
Total 5,15,400/- Rs.6,11,950/-
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16. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment and award of the Tribunal is modified.
c) The claimant is entitled to a total compensation of
Rs.6,11,950/- as against Rs.5,15,400/-
d) As far as the other aspects are concerned, the
judgment of the Tribunal shall follow.
Sd/-
(E.S.INDIRESH)
JUDGE
SMP
List No.: 1 Sl No.: 48
