[Cites 1, Cited by 0]
Karnataka High Court
Smt Gundamma W/O Doddappa vs Vijaykumar And Anr on 21 January, 2026
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NC: 2026:KHC-K:403
MFA No. 200370 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 200370 OF 2021 (MV-I)
BETWEEN:
SMT. GUNDAMMA W/O DODDAPPA,
AGE:53 YEARS,
OCC:AGRICULTURE COOLIE, NOW NIL,
R/O. KHANA COLONY, JEWARGI, DIST.KALABURAGI,
NOW R/ AT SAKSHI NIVAS,
MANIKESHWARI COLONY, KALABURAGI.
...APPELLANT
(BY SRI NAGARAJ PATIL, ADVOCATE)
Digitally signed AND:
by LUCYGRACE
Location: HIGH 1. VIJAYKUMAR S/O SOMASHEKHAR BADIGER,
COURT OF AGE: MAJOR, OCC:BUSINESS,
KARNATAKA R/O. UDAGI, TQ.SEDAM,
DIST.KALABURAGI-585 222.
2. THE MANAGER LEGAL,
IFFCO-TOKIO GEN. INSURANCE CO. LTD.,
G-1, 2,12 AND 13, ASIAN ARCADE,
S.B.TEMPLE ROAD, KALABURAGI-585 102
...RESPONDENTS
(BY SRI S.S. ASPALLI, ADVOCATE FOR R2;
V/O DTD. 30.03.21 NOTICE TO R1 IS DISPENSED WITH)
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NC: 2026:KHC-K:403
MFA No. 200370 of 2021
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 02.01.2020 PASSED IN MVC NO.844/2017 ON
THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND MACT,
KALABURAGI, AND ALLOW THIS APPEAL BY ENHANCING THE
COMPENSATION AMOUNT OF RS.4,83,900/- ONLY AS CLAIMED
BY THE APPELLANT BEFORE THIS HON'BLE COURT. AND
ORDER FOR COSTS OF THIS APPEAL. AND PASS SUCH OTHER
ORDERS DEEMS FOR IN THE CIRCUMSTANCES OF THE CASE.
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 02.01.2020 passed in MVC No. 844 of
2017 by the Court of the I Additional Senior Civil
Judge & MACT, Kalaburagi (for short, 'the Tribunal'),
awarding compensation to the claimant.
2. For the sake of convenience, the parties to this
appeal are referred to in accordance with their rank
before the Tribunal.
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HC-KAR
3. The facts leading to filing of this appeal are that,
on 21.11.2016, the claimant along with her son,
Rajashekar, was proceeding towards their land on
Jewargi-Kalaburagi Main Road. At that time, a
motorcycle bearing Registration No.KA-32/EK-3136
came in a rash and negligent manner and dashed
against the claimant. As a result of the same, the
claimant fell on a bullock and the horn of the bullock
pierced her abdomen, causing grievous injuries.
4. Feeling aggrieved by the injuries sustained in the
said accident, the claimant filed MVC No. 844 of 2017
before the Tribunal seeking compensation.
5. Upon issuance of notice, the respondent-
Insurance Company appeared and filed its detailed
written statement denying the averments made in the
claim petition.
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HC-KAR
6. In order to substantiate her claim, the claimant
examined herself as PW-1 and another witness as PW-
2 and got marked 15 documents as Exs.P-1 to P-15.
On behalf of the respondents, one witness was
examined as RW-1 and one document was marked as
Ex.R-1.
7. The Tribunal, after framing the necessary issues
and upon appreciation of the oral and documentary
evidence on record, by judgment and award dated
02.01.2020, awarded a total compensation of
Rs.3,16,900/- with interest at 6% per annum from the
date of petition till realization. Not being satisfied with
the quantum of compensation awarded, the claimant
has preferred the present appeal seeking
enhancement.
8. I have heard Sri. Nagaraj Patil, learned counsel
appearing for the appellant-claimant and Sri. S. S.
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HC-KAR
Aspalli, learned counsel appearing for the respondent-
Insurance Company and perused the records.
9. Sri. Nagaraj Patil, learned counsel for the
appellant contended that the claimant sustained
grievous injuries to the iliac region and that the
Tribunal has awarded inadequate compensation,
particularly, towards permanent disability, and
therefore, it is argued that, the award requires
enhancement. Accordingly, sought for interference of
this Court.
10. Per contra, Sri. S. S. Aspalli, learned counsel for
the respondent-Insurance Company sought to justify
the award passed by the Tribunal.
11. Upon consideration of the submissions made by
the learned counsel on both sides, it is not in dispute
that the claimant sustained grievous injuries in the
accident dated 21.11.2016. A perusal of the wound
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certificate at Ex.P-5-Wound Certificate, clearly
establishes the nature of grievous injury.
12. The claimant examined the treating Doctor as
PW-2, who deposed that the claimant has suffered
32% of permanent disability to the whole body.
However, the Tribunal has taken the disability at 10%.
Having regard to the nature of injuries sustained, this
Court is of the considered view that the disability to
the whole body deserves to be reassessed at 20%.
13. The accident occurred in the year 2016. As per
the guidelines issued by the Karnataka State Legal
Services Authority, the notional income of the
claimant is taken at Rs.8,750/- per month. By
applying the multiplier of 13, in terms of the judgment
of the Hon'ble Supreme Court in Sarla Verma v. Delhi
Transport Corporation, reported in (2009) 6 SCC
121, the claimant is entitled to compensation of:
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HC-KAR
Rs.2,73,000/- (8,750×12×13×20%) towards loss
of future income due to permanent disability.
14. Taking into consideration the nature of injuries
sustained by the appellant-claimant, the
compensation is reassessed under the following
heads:
Amount
Heads
(Rs.)
Pain and suffering 50,000
Medical expenses 1,04,600
Food and nourishment 10,000
Conveyance charges 10,000
Loss of income during treatment (8,750 × 3
26,250
months)
Loss of future income due to permanent
2,73,000
disability
Loss of future amenities 40,000
Total 5,13,850
Less Compensation awarded
3,16,900
by the Tribunal
Enhancement of compensation 1,96,950
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HC-KAR
15. After deducting the compensation already
awarded by the Tribunal, the claimant is entitled to
enhanced compensation of Rs.1,96,950/- accordingly.
16. Thus, the claimant is entitled to total
compensation of Rs.5,13,850/- with interest at 6%
per annum from the date of petition till realization.
17. Accordingly, the appeal is allowed in part. The
judgment and award passed by the Tribunal is
modified to the extent as indicated above.
Sd/-
(E.S.INDIRESH)
JUDGE
SB
List No.: 1 Sl No.: 48
CT:PK
