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Karnataka High Court
Srimanth vs Nagesh And Ors on 27 January, 2026
-1-
NC: 2026:KHC-K:589
MFA No. 200848 of 2023
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.200848 OF 2023 (MV-I)
BETWEEN:
SRIMANTH S/O KAREPPA JIVANAGI,
AGE: 40 YEARS, OCC: LABOUR, NOW NIL,
R/O. KAPNOOR, TQ. AND DIST. KALABURAGI,
NOW AT DHARMWADI, TQ. ALAND,
DIST. KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
AND:
1. NAGESH S/O PRABHU JAMADAR,
Digitally signed AGE:MAJOR, OCC: BUSINESS,
by LUCYGRACE
R/O. H.NO.33/135, HIMMAT NAGAR,
Location: HIGH
COURT OF BASAVAKALYAN, DIST. BIDAR,
KARNATAKA (OWNER OF TATA ACE VEHICLE NO.KA-56/0808,
AS PER RC EXTRACT)-585 327.
2. KAILASH S/O ARVIND,
AGE:MAJOR, OCC:BUSINESS,
R/O. H.NO.33/135, HIMMAT NAGAR,
BASAVAKALYAN, DIST. BIDAR,
(OWNER OF TATA ACE VEHICLE NO.KA-56/0808,
AS PER INSURANCE POLICY)-585 327.
3. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
-2-
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MFA No. 200848 of 2023
HC-KAR
DIVISIONAL OFFICE OPP. SANGAM TALKIES,
SUPER MARKET, KALABURAGI-585 102.
...RESPONDENTS
(BY SRI SUDARSHAN M., ADVOCATE FOR R3;
V/O DTD.28.06.2023, NOTICE TO R1 AND R2 IS
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 01.12.2020 PASSED BY THE LEARNED SENIOR
CIVIL JUDGE AND MACT AT ALAND IN MVC NO.116/2019 BY
ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR.
AND HOLD BOTH THE RESPONDENTS JOINTLY AND SEVERALLY
LIABLE TO PAY THE ENHANCED COMPENSATION TO THE
APPELLANT.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
Heard the learned counsel appearing for the parties.
2. This appeal is preferred by the claimant
assailing the judgment and award dated 01.12.2020 in
MVC No.116/2019, on the file of the learned Senior Civil
Judge and MACT at Aland, Kalaburagi district ((hereinafter
referred to as 'Tribunal'), granting compensation.
NC: 2026:KHC-K:589
HC-KAR
3. For the sake of brevity, the parties in the
appeal shall be referred to in terms of their status and
ranking before the Tribunal.
4. It is a case of the claimant that, the claimant
was riding the Hero Honda Splendor motorcycle bearing
registration No.KA-32/EH-0545 from Kapnoor to Mailar
Mallanna Temple and when the vehicle reached near Aurad
on Kalaburagi-Humnabad road, one Tata Ace vehicle
bearing registration No.KF-56/0808 drove in rash and
negligent manner, dashed to the motorcycle of the
claimant and as such, the claimant fell down and sustained
grievous injuries. Hence, the claimant has preferred MVC
No.116/2019.
5. The claim petition was contested by the
respondents therein on merits. In order to establish their
case, the claimant has examined two witnesses as PW.1
and PW.2 and got marked 20 documents and the same
were marked as Exs.P1 to P20. No oral evidence has been
adduced on the part of the respondents, however, the
NC: 2026:KHC-K:589
HC-KAR
copy of the Insurance Policy was marked as Ex.R1. The
Tribunal, after considering the material on record, by its
judgment and award dated 01.12.2020, allowed the claim
petition and awarded compensation of Rs.2,90,335/- with
interest at the rate of 6% per annum from the date of
petition till realization. Feeling aggrieved by the quantum
of compensation awarded by the Tribunal, the claimant
has preferred this appeal.
6. Having taken note of the submission made by
the learned counsel appearing for the parties and on
perusal of Ex.P3 - wound certificate, it is clear that the
claimant has sustained grievous injuries. The treating
doctor has issued the discharge certificate as per Exs.15 to
17 and having taken the disability to the extent of 40%,
however, the Tribunal has taken the disability at the rate
of 10%, which required to be enhanced to 20%. Having
taken note of the factual aspects on record and the finding
recorded by the Tribunal, the award of compensation is
required to be reassessed as follows:
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HC-KAR
Heads Amount
Pain and suffering Rs.50,000/-
Loss of earnings during laid up Rs.24,000/-
period (Rs.8,000x3)
Loss of amenities Rs.50,000/-
Loss of future earnings Rs.2,88,000/-
(Rs.8,000x12x15x20%)
Towards diet and attendant charges Rs.30,000/-
Medical expenses Rs.42,335/-
Future medical expenses Rs.20,500/-
Total Rs.5,04,835/-
Less: awarded by Tribunal Rs.2,90,335/-
Enhancement Rs.2,14,500/-
Thus, the clamant is entitled for enhanced
compensation of Rs.2,14,500/- with interest at the rate
of 6% per annum.
7. In the result, I pass the following:
ORDER
I. The appeal is allowed in part.
II. The appellant/claimant is entitled for enhanced
compensation of Rs.2,14,500/- with interest at
the rate of 6% per annum from the date of
petition till the date of realization.
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HC-KAR
III. Respondent No.3 - Insurance Company is
directed to deposit the aforesaid compensation
amount within six weeks from the date of receipt
of certified copy of this judgment.
Sd/-
(E.S.INDIRESH)
JUDGE
SRT
List No.: 1 Sl No.: 35
CT:PK
