[Cites 2, Cited by 0]
Karnataka High Court
Vipul S/O Anil Parase vs Solar Industries India Ltd And Anr on 12 January, 2026
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MFA No. 201908 of 2018
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. 201908 OF 2018 (MV-I)
BETWEEN:
VIPUL S/O ANIL PARASE,
AGE:14 YEARS, OCC:NIL,
R/O. M/G BY ANIL S/O MAHDEV PARASE,
AGE:42 YEARS, OCC:COOLIE,
R/O. CHINCHOLI, TQ.SANGOLA,
DIST. SOLAPUR- 413307.
...APPELLANT
(BY SRI BIRADAR VIRANAGOUDA, ADVOCATE)
AND:
Digitally signed
by LUCYGRACE 1. SOLAR INDUSTRIES INDIA LTD,
Location: HIGH PNO.11, ZADE LAYOUT, BHARAT NAGAR,
COURT OF NAGPUR, MAHARASHTRA STATE- 440023.
KARNATAKA
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
GRURUKULA ROAD, VIJAYAPUR- 586101.
...RESPONDENTS
( R1 SERVED;
BY SRI MANVENDRA REDDY, ADVOCATE FOR R2 )
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO ALLOW THIS APPEAL BY MODIFYING THE
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MFA No. 201908 of 2018
HC-KAR
JUDGMENT AND AWARD MOTOR ACCIDENT CLAIMS TRIBUNAL
NO.XII, VIJAYAPUR DATED 21.02.2015 IN MVC NO.1425/2011.
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 21.02.2015 passed in MVC No.1425 of
2011 on the file of the Motor Accident Claims Tribunal
No.XII, Vijayapur, wherein the claim petition was
allowed in part.
2. The brief facts of the case are that on
18.06.2011 at about 9.30 a.m., a truck bearing
registration No.MH-31/CQ-3002 dashed against the
appellant/claimant, resulting in grievous injuries. The
claimant was treated as an inpatient for more than
three months and thereafter, continued treatment on
OPD basis. It is the case of the claimant that the
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HC-KAR
accident occurred due to the rash and negligent
driving of the driver of the offending vehicle belonging
to respondent No.1 and vehicle in question is insured
with respondent No.2. Hence, respondent No.2, being
the insurer of the vehicle in question, is liable to
satisfy the award. Hence, the claimant has filed MVC
No.1425 of 2011, seeking compensation under Section
166 of M.V. Act, 1988.
3. The respondents entered appearance and
contested the claim petition.
4. In order to substantiate the claim, the father
of the claimant was examined as PW-1 and 14
documents were marked as Exs.P-1 to P-14. The
treating Doctor was examined as CW-1 and two
documents were marked as Exs.C-1 and C-2. The
respondents produced the insurance policy.
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HC-KAR
5. The Tribunal, by its judgment and award
dated 21.02.2015, awarded compensation of
Rs.8,70,500/- with interest at 6% per annum from the
date of petition till the date of deposit. Aggrieved by
the inadequacy of compensation, the claimant has
preferred the present appeal.
6. I have heard Sri. Biradar Viranagouda,
learned counsel appearing for the appellant and Sri.
Manvendra Reddy, learned counsel appearing for the
respondent No.2-Insurance Company.
7. Learned counsel for the appellant contended
that the claimant sustained severe grievous injuries,
resulting in 80% to 90% permanent disability, but the
Tribunal awarded inadequate compensation. It was
further contended that the Tribunal failed to award
compensation towards future prospects and granted
meager compensation towards discomfort and
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HC-KAR
inconvenience. Reliance was placed on the judgment
of the Hon'ble Supreme Court in Kajal v. Jagdish
Chand, reported in (2020) 4 SCC 413. Accordingly,
sought for interference of this Court.
8. Per contra, Sri. Manvendra Reddy, learned
counsel for the respondent-Insurance Company
supported the impugned judgment and award and
sought for dismissal of the appeal.
9. In the light of the arguments advanced by
the learned counsel appearing for the parties, it is not
in dispute that the claimant sustained grievous injuries
in the accident that occurred on 18.06.2011. The
findings recorded by the Tribunal, particularly in
paragraphs 9 and 10 of the impugned judgment,
clearly establish that the claimant suffered permanent
disability to the extent of 80% to 90%.
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HC-KAR
10. Considering the age of the injured claimant,
who was 7 years at the time of the accident, and
following the law laid down by the Hon'ble Supreme
Court in Kajal's case (supra), this Court is of the
considered opinion that the claimant is entitled to
enhancement of compensation.
11. The claimant is non-earning person and
therefore, the notional income is taken at Rs.15,000/-
per annum by taking 18 as multiplier. Accordingly,
compensation towards 'Discomfort and inconvenience'
is assessed at Rs.2,70,000/- (15,000x18). After
deducting the amount already awarded by the
Tribunal, under the said head, it amounts to
Rs.1,95,000/- (Rs.2,70,000-Rs.75,000=Rs.1,95,000).
Insofar as 'loss of earning capacity' is concerned, by
applying the multiplier of 18, the claimant is entitled
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to Rs.3,78,000/- (15,000+40% X18) (See. 2025
Livelaw (SC) 871).
12. Further, considering the nature of injuries,
suffered by the claimant and its impact on future life,
this Court deems it appropriate to award a sum of
Rs.3,00,000/- towards 'loss of marriage prospects'.
13. Hence, the claimant is entitled to additional
compensation under the above heads. Accordingly, I
proceed to pass the following:
ORDER
i) The Miscellaneous First Appeal is allowed in
part.
ii) The judgment and award dated 21.02.2015
passed in MVC No.1425 of 2011 by the Motor
Accident Claims Tribunal No.XII, Vijayapur, is
modified, granting enhanced compensation of
Rs.8,73,000/- as indicated above in addition
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to the compensation of Rs.8,70,500/-
awarded by the Tribunal.
iii) The enhanced compensation shall carry
interest at 6% per annum from the date of
petition till the date of realization. However,
as per the order dated 02.09.2021, the
claimant is not entitled for the interest for the
delayed period of 1227 days in filing the
appeal.
iv) Respondent No.2 - Insurance Company is
directed to deposit the enhanced
compensation amount along with accrued
interest within six weeks from the date of
receipt of a certified copy of this judgment.
Sd/-
(E.S.INDIRESH)
JUDGE
SB
List No.: 1 Sl No.: 12:CT:PK
