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Karnataka High Court
Datta @ Dattatreya vs Hatkeshwara Cargo Movers And Anr on 27 January, 2026
-1-
NC: 2026:KHC-K:560
MFA No. 202030 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 202030 OF 2022 (MV-I)
BETWEEN:
DATTA @ DATTATREYA S/O LAXMANRAO KILKILE,
AGE: 42 YEARS, OCC: PETROL BUNK WORKER,
R/O. MATAKI ROAD, DY.SP COLONY,
TQ. ALAND, DIST. KALABURAGI.
...APPELLANT
(BY SRI. SANJEEV PATIL, ADVOCATE)
AND:
1. HATKESHWARA CARGO MOVERS,
Digitally signed
by LUCYGRACE THROUGH ITS OWNER/PROPRIETOR,
Location: HIGH 205, MANGALWAR PETH BHOR,
COURT OF TQ. BHOR, PUNE (MAHARASHTRA)-411 001.
KARNATAKA
2. THE NEW INDIA ASSURANCE CO.LTD,
THROUGH ITS DIVISIONAL MANAGER,
SANGAMESHWAR NAGAR,
S.B TEMPLE, ROAD, KALABURAGI-585 102.
...RESPONDENTS
(BY SRI UDAY P. HONGUNTIKAR, ADVOCATE FOR R2;
V/O DTD. 11.10.2022 NOTICE TO R1 IS DISPENSED WITH)
-2-
NC: 2026:KHC-K:560
MFA No. 202030 of 2022
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO, A) THE HON'BLE COURT BE
PLEASED TO EXERCISE ITS APPELLATE JURISDICTION, CALL
FOR THE ENTIRE LOWER COURT RECORDS AND MODIFY THE
JUDGMENT AND AWARD DATED 19.03.2022 PASSED BY THE
LEARNED I ADDL. SENIOR CIVIL JUDGE AND MACT AT
KALABURAGI IN MVC NO.371/2020 BY ENHANCING THE
COMPENSATION AMOUNT AS PRAYED FOR. B) THE HON'BLE
COURT BE PLEASED TO HOLD BOTH THE RESPONDENTS
JOINTLY AND SEVERALLY LIABLE TO PAY THE ENHANCED
COMPENSATION TO THE APPELLANT.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, 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 claimants assailing
the Judgment and award dated 19.03.2022 passed in MVC
No.371/2020 by the I Additional Senior Civil Judge and
MACT, Kalaburagi, (for short 'the Tribunal'), awarding
compensation.
3. For the sake of convenience, the parties will be
referred to as per their ranking before the Tribunal.
NC: 2026:KHC-K:560
HC-KAR
4. It is the case of the claimant that, on 29.01.2020,
the claimant was proceeding in a motorcycle bearing
registration No.KA-32/EA-4166 from Solapur and when he
reached near Sankapur cross, taluk Aland, at that time a
Ashok Leyland lorry bearing registration No.MH-12/LT-4706
came from opposite direction, dashed to the motorcycle of
the claimant, and as such, the claimant sustained grievous
injuries. Therefore, the claimant has filed MVC No.371/2020
before the Tribunal seeking compensation. The claim petition
was contested by the respondents therein. The claimant has
adduced evidence of two witnesses as P.W.1 and P.W.2 and
marked 14 documents as Ex.P.1 to Ex.P.14. No oral evidence
was adduced on behalf of the respondent-Insurance
company, however, Ex.R.1 - Insurance policy was marked at
consent. The Tribunal after considering the material on
record by its Judgment and award dated 19.03.2022
awarded compensation of Rs.3,90,100/- along with interest
at the rate of 6% per annum. Feeling aggrieved by the same
as inadequate compensation, the claimant has preferred this
appeal seeking enhancement of the compensation.
NC: 2026:KHC-K:560
HC-KAR
5. Having taken note of the submission made by the
learned counsel appearing for the parties and as it is not in
dispute that, the claimant has sustained grievous injuries on
account of the road traffic accident occurred on 29.01.2020.
Perusal of Ex.P.4, Ex.P.7 and Ex.P.8 would makes it clear
that the claimant has sustained grievous injuries and also
Ex.P.7-disablity certificate issued by P.W.2, reflects the
disability on account of grievous injury to the claimant. In
that view of the matter, award made by the Tribunal requires
to be re-assessed and modified. The claimant is entitled for
loss of future income as under:
Rs.13,750/- X 12 X 14 X 10 = Rs.2,31,000/-
6. Accordingly, the compensation is re-assessed as
under:
Sl.No. Heads of compensation Amount
1 Pain and sufferings Rs.50,000/-
2 Attendant, food and conveyance Rs.20,000/-
charges
3 Loss of future income Rs.2,31,000/-
4 Medical expenses Rs.81,400/-
5 Future medical expenses Rs.50,000/-
6 Loss of income during treatment Rs.42,250/-
(Rs.13,750/- X 3 months)
7 Loss of amenities Rs.50,000/-
Total Rs.5,24,650/-
NC: 2026:KHC-K:560
HC-KAR
7. Accordingly, the following:
ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitled for total
compensation of Rs.5,24,650/- along with interest
at the rate of 6% per annum from the date of
petition till the date of realization, as against
Rs.3,90,100/- as awarded by the Tribunal;
(iii) The respondent No.2-Insruance
company is directed to deposit the compensation
amount along with interest within a period of six
weeks from the date of this order;
Sd/-
(E.S.INDIRESH)
JUDGE
SVH
List No.: 1 Sl No.: 4
CT:PK
