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Karnataka High Court
Shivakumar S/O Kashappa Sobarab vs Imamsab S/O Chandasab Shirasangi @ ... on 25 March, 2026
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
-1-
NC: 2026:KHC-D:4634
MFA No. 24839 of 2012
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 25TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
MISCELLANEOUS FIRST APPEAL NO.24839 OF 2012 (MV-I)
BETWEEN:
SHRI SHIVAKUMAR
S/O KASHAPPA SOBARAB,
AGE: 47 YEARS,
OCC: SERVICE AS FIELD ASSISTANT,
R/O: JUNIPETH, RAMDURG,
TQ: RAMDURG, DIST: BELGAUM.
...APPELLANT
(BY SRI CR HIREMATH, ADVOCATE)
AND:
1. SRI IMAMSAB
S/O CHANDASAB SHIRASANGI @ BEVUR,
AGE: MAJOR, OCC: BUSINESS,
R/O: RAMDURG, TQ: RAMDURG, DIST: BELGAUM.
2. RELIANCE GENERAL INSURANCE COMPANY LTD.,
THROUGH ITS BRANCH OFFICE,
MAHADEV PLAZA, C.T.S. NO.10719, SY.NO.135/A,
NEAR KOLHAPUR CIRCLE, NEHRU NAGAR, BELGAUM.
CHANDRASHEKAR
LAXMAN
...RESPONDENTS
KATTIMANI
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
(BY SRI GN RAICHUR, ADVOCATE FOR R2 (VC);
Location: High Court of
Karnataka, Dharwad Bench
Date: 2026.03.27 10:33:04
+0530 NOTICE TO R1-DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VECHIE
ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.10.2011
PASSED IN MVC NO.2595/2010 ON THE FILE OF THE SENIOR CIVIL
JUDGE & ADDL. M.A.C.T RAMDURG, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION & ETC.
THIS MFA COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
-2-
NC: 2026:KHC-D:4634
MFA No. 24839 of 2012
HC-KAR
ORAL JUDGMENT
Challenging judgment and award dated 19.10.2011 passed
by Civil Judge and Member, Addl. MACT, Ramdurg ('Tribunal',
for short) in MVC no.2595/2010, this appeal is filed.
2. Sri CR Hiremath, learned counsel for appellant
submitted that appeal was by claimant for enhancement of
compensation. It was submitted that on 03.04.2010 when
claimant working as a Field Officer in Shivasagar Sugar and Agro
Products Limited, Udapudi, was travelling on motorcycle no.KA-
24/H-3643 from Ramdurg towards Bannur Thanda, driver of auto
rickshaw no.KA-24/5636 drove it in rash and negligent manner
and dashed against motorcycle. In accident, claimant sustained
grievous injuries and admitted to hospital. Despite treatment, he
did not recover fully and sustained permanent physical disability.
Claiming compensation, he filed claim petition against owner and
insurer of auto rickshaw.
3. Claim petition was opposed on all counts by
respondents. Based on pleadings, Tribunal framed issues and
recorded evidence. Claimant along with Dr.Suresh A.Karlahalli
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HC-KAR
deposed as PWs1 and 2 and got marked Exhibits P1 to P14.
Respondent did not lead oral evidence, but got marked copy of
insurance policy as Ex.R1 with consent.
4. On consideration, Tribunal held accident occurred due
to rash and negligent driving of auto rickshaw by its driver and
claimant was entitled for compensation of ₹1,15,000/- with
interest at 9% per annum from insurer. Dissatisfied with
quantum, claimant was in appeal.
5. It was submitted that claimant was 45 years of age,
sustained fracture of intertrochanteric of right femur assessed by
PW2 to have resulted in 25% disability to right lower limb as per
Ex.P11. Despite same, Tribunal awarded inadequate
compensation towards pain and suffering, towards loss of income
during laid up period, towards conveyance and other incidental
expenses and amenities. On said limited grounds sought for
enhancement.
6. On other hand, Sri GN Raichur, learned counsel for
respondent - insurer opposed appeal.
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HC-KAR
7. Heard learned counsel, perused impugned judgment
and award and record.
8. Since only claimant is in appeal, point that would
arise for consideration is:
'Whether claimant is entitled for enhancement of
compensation as sought?'
9. Same is answered 'partly in affirmative' for following
reasons.
10. There is no dispute about claimant sustaining injuries
and disability on account of an accident involving insured vehicle
due to rash and negligent driving by its driver. Appeal is filed for
enhancement under limited heads.
11. Insofar as compensation towards pain and suffering,
claimant sustained fracture of intertrochanteric of right femur.
Tribunal awarded ₹35,000/- towards same. Same would appear
just and proper and cannot be stated to be grossly inadequate.
Therefore, no interference.
12. As on date of accident, claimant was stated to be
working as Field Officer and earning ₹8,000/- per month.
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Claimant took inpatient treatment for a period of 20 days.
Tribunal has awarded a sum of ₹12,000/- towards conveyance,
attendant and other incidental expenses, which would be
inadequate and is enhanced with ₹20,000/-.
13. Normally, fractures take about 3 months to heal.
Considering said period as layoff and income at ₹8,000/- per
month, claimant is awarded ₹24,000/- towards loss of income
during laid up period. Tribunal awarded ₹6,000/- towards loss of
amenities. Since disability sustained would affect claimant while
not on employment and during remainder of his life, award
would be grossly inadequate and stands enhanced to
₹20,000/-. Thus, claimant is held entitled for reassessed
compensation as follows:
Pain and suffering ₹35,000/-
Towards conveyance, attendant and ₹20,000/-
other incidental expenses
Medical expenses ₹5,000/-
Loss of amenities ₹20,000/-
Loss of income during laid up period ₹24,000/-
Loss of future income ₹43,680/-
Loss of amenities ₹20,000/-
Total ₹1,67,680/-
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HC-KAR
14. Consequently, following:
ORDER
i. Appeal is allowed in part.
ii. Claimant is entitled for enhanced compensation of
₹1,67,680/- as against ₹1,15,000/- awarded by
Tribunal excluding of 273 days being delay in filing
appeal. Same shall carry interest at 9% p.a. from
date of petition till date of deposit.
iii. Insurer is directed to deposit enhanced compensation
within six weeks.
iv. On deposit, entire amount is ordered to be released
to claimant.
Sd/-
(RAVI V.HOSMANI)
JUDGE
CLK
CT:VP
LIST NO.: 1 SL NO.: 9
