J. ANAND @ ANANDA @ ANANDA JOGADA vs GADILINGA S/O. K.HANAMANTHAPPA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17604
MFA No. 103802 of 2023
CNR: KAHC020113862023
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS JUSTICE K.G.SHANTHI
MISCELLANEOUS FIRST APPEAL NO. 103802 OF 2023 (MV-I)
BETWEEN:
J. ANAND @ ANANDA @ ANANDA JOGADA
S/O. G. PAPAYYA @ PAPAYYA
AGE: 29 YEARS, OCC: DRIVER AND
OWNER OF TATA ACE,
R/O: MURARIPURA VILLAGE,
TQ: SANDUR,
DIST: BALLARI-583119.
…APPELLANT
(BY SRI. G. R. TURAMARI, ADVOCATE)
AND:
1. GADILINGA
S/O. K.HANAMANTHAPPA
AGE: 38 YEARS,
OCC: DRIVER OF JCB BEARING
NO.KA-35-C-1004,
R/O: PAPINAYAKANAHALLI VILLAGE,
TQ: HOSAPETE,
DIST: BALLARI-583120.
2. A. KARIYAPPA
S/O. DODDA DEVAPPA
AGE: 43 YEARS,
OCC: OWNER OF JCB BEARING
NO.KA-35-C-1004,
R/O. NO.883,
WARD NO.2, PINJAR ONI,
VADDU VILLAGE,
TQ: SANDUR,
DIST: BALLARI-583119.
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HC-KAR
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MFA No. 103802 of 2023
CNR: KAHC020113862023
3. M/S CHOLAMANDALAM
MS GENERAL INSURANCE CO. LTD.,
ST
BY ITS MANAGER, 1 FLOOR,
V.A. KALBURGI SQARE,
DESAI CROSS,
DESHPANDE NAGAR,
HUBBALLI,
DIST: DHARWAD-580023.
…RESPONDENTS
(BY SRI.SUBHASH J. BADDI, ADVOCATE FOR R3;
NOTICE TO R1 AND R2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, PRAYING TO ENHANCING THE COMPENSATION BY
MODIFYING THE JUDGMENT AND AWARD PASSED BY THE COURT OF
THE SENIOR CIVIL JUDGE AND MACT-VI AT KUDLIGI SITTING AT
SANDUR, IN M.V.C.NO.594/2020 DATED 24.02.2023, AND ALLOW
THE APPEAL IN THE INTEREST JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.G.SHANTHI
ORAL JUDGMENT
Aggrieved by the judgment and award dated
24.02.2023 passed in MVC No.594/2020 by the Senior
Civil Judge and M.A.C.T., Kudligi, sitting at Sandur (for
short, ‘the Tribunal’), the petitioner being an appellant
filed this appeal seeking for compensation.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
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MFA No. 103802 of 2023
CNR: KAHC020113862023
2. Parties are hereinafter referred to as per their
ranking before the Tribunal for the sake of convenience.
3. Brief facts of the case are that on 01/09/2020
about 7:15 PM, the claimant was driving his TATA ACE
bearing Reg. No.KA-35-C-4350 slowly and cautiously from
the proper side of the road from Vaddu village towards
Taranagar via Bye-pass road. At that point Rrespondent
No.1, driving the JCB vehicle bearing Reg. No.KA-35-C-
1004 in rash and negligent manner, dashed the claimant’s
vehicle near Talur Railway gate. Due to the accident, the
claimant sustained grievous injuries and was shifted to
VIMS Hospital, Ballari, Accordingly, petitioner filed a claim
petition claiming compensation.
4. Upon the service of notice respondent No.2 to 3
appeared through their counsels and filed their objections.
5. Respondent No.2 denied the averments of the
petition and contended that, in his written statement he
denied the accident and the allegation of rash and
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MFA No. 103802 of 2023
CNR: KAHC020113862023
negligent driving by respondent No.1. He admitted that
respondent No.1 was driving his JCB vehicle bearing Reg.
No.KA-35-C-1004, which was insured with respondent
No.3. He denied knowledge of the claimant’s medical
treatment and contended that the compensation claimed
was excessive. He prayed for dismissal of the petition
against him and sought to make respondent No.3 liable for
compensation. Respondent No.1 filed a memo adopting
the written statement of respondent No.2.
6. Respondent No.3 denied the averments of the
petition and contended that respondent No.3, in its written
statement, admitted that the JCB vehicle bearing Reg.
No.KA-35-C-1004 was insured, subject to the terms and
conditions of the policy. However, denied that the accident
and the injuries sustained by the claimant. It is contended
that respondent No.1 had no valid driving license and the
vehicle had no valid RC, FC or permit at the time of the
accident. It further stated that the compensation and
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MFA No. 103802 of 2023
CNR: KAHC020113862023
interest claimed were excessive and prayed for dismissal
of the petition against it.
7. On the basis of said contentions of the parties,
the Tribunal has framed the following issues:
“ISSUES
1) Whether the claimant proves that on
01.09.2020 at 7.15 p.m., while he was
driving the TATA ACE bearing Reg. No.KA
35-C-4350 towards Taranagar, the
respondent No.1 drove the JCB bearing
Reg. No.KA-35-C-1004 in rash and
negligent manner and dashed to the TATA
ACE, as a result he sustained injuries as
pleaded?
2) Whether the claimant is entitled to the
compensation claimed? If so, at what
quantum and from whom?
3) What Order or Award?
ADDITIONAL ISSUES
1) Whether the respondent No.3 proves that
respondent No.1 was not possessing valid
driving licence to drive the JCB?
2) Whether the respondent No.3 proves that
the JCB bearing No.KA-35-C-1004 was not
having valid FC and RC at the time of the
accident?”
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
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MFA No. 103802 of 2023
CNR: KAHC020113862023
8. Before the Tribunal, the petitioner himself
examined as PW1 and doctor examined as PW2 and got
marked 48 documents as Exs.P.1 to P.48. On the other
hand, the respondents neither produced any oral evidence
nor produced any documentary evidence.
9. On hearing the argument, the Tribunal allowed
the claim petition in part and awarded compensation under
following heads:
Sl.No. Heads of Compensation Amount
Towards expenses relating to
hospitalization, transportation,
nourishing food and attendant
charges
Rs.1,10,389/-
1.
Towards loss of future earning
2. Rs.31,05,900/-
capacity.
Towards loss of earning during the
3. Rs.58,000/-
period of treatment.
4. Towards pain and suffering. Rs.50,000/-
5. Towards loss discomfort. Rs.50,000/-
Total compensation awarded Rs.33,74,289/-
10. Aggrieved by the same, the petitioner filed this
appeal.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
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MFA No. 103802 of 2023
CNR: KAHC020113862023
11. Learned counsel for the appellant argued that
the petitioner met with an accident on 01.09.2020 and he
has sustained injury, both legs were amputated below
knee level and, he lost teeth of upper and lower jaw. It is
argued that the petitioner was a driver by profession and
earning ₹20,000/- per month, but the Tribunal assessed
the income at ₹14,500/- per month which was lower side.
12. Further it is argued that the doctor assessed the
disability to the extent of 100% to the whole body, but the
Tribunal has taken only 75% of disability, compensation
awarded by the Tribunal under various heads are
inadequate and the compensation is not awarded for the
period of loss during laid up period. Accordingly, pray for
enhancement of the compensation.
13. Learned counsel for the respondents argued
that the compensation awarded by the Tribunal is
adequate and the petitioner has not produced any proof of
his income. It is further argued that since the petitioner
Digitally Signed by KADAMBADI
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MFA No. 103802 of 2023
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has not produced any medical documents to show that he
requires future medical treatment. The Tribunal has not
awarded any compensation towards future medical
expenses. Accordingly, learned counsel prayed for
dismissal of the appeal.
14. Heard the arguments. Perused the materials
available on record. The points that would arise for
consideration by this Court are as follows:
1. Whether the petitioner is entitled for
enhancement of the compensation?
2. What order?
15. Points framed by this Court for consideration
are answered as follows:
Point No.(i) : In the affirmative.
Point No.(ii): As per the final order, for the
following:
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
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MFA No. 103802 of 2023
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REASONS
16. Regarding Point No.(i): The accident
occurred on 01.09.2020 and due to the said accident,
petitioner has sustained injury to both legs which were
amputated below knee level. He has treated as an
inpatient at VIMS Hospital and also underwent follow-up
treatment. Ex.P.11, discharge summary indicates that the
doctor assessed the disability to the extent of 100%.
According to the petitioner he was working as driver.
However he has not produced any material evidence to
prove his income. Hence, the Tribunal has taken income at
₹14,750/-. As the accident occurred in the year 2020, as
per the guidelines issued by the Karnataka Legal Service
Authority, the notional income would be at ₹13,750/-.
Therefore , it is reasonable to take notional income of the
petitioner at ₹13,750/-per month. As the petitioner was
aged 28 years and there was 100% disability. Hence as
per the judgment of Hon’ble Apex Court in National
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1
Insurance Company Limited v. Pranay Sethi 40% of
the income of the injured is to be added to the notional
income towards future prospects. Since the petitioner was
aged 28 years at the time of the accident, the applicable
multiplier would be ‘17’. Thus, the petitioner is entitled
compensation towards ‘ loss of future income’ at
₹39,27,000/-
17. The petitioner has sustained severe fracture on
both legs resulting in amputation of both legs and aleast 6
months’ time is required for him to recover from the
injury. So this Court is of the opinion that it is just and
reasonable to award compensation of ₹78,000 /- under
the head of loss of income during laid up period .
18. The petitioner was working as driver. Due to
the amputation of both his legs, he is under trauma and
cannot lead his life as he did prior to the accident. The
accidental injuries have caused discomfort and deprived
1
(2017) 16 SCC 680
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him of happiness and enjoyment in life. The same has also
affected his life expectancy. Having regard to the injuries
suffered by the petitioner, the treatment undergone by
him and the mental trauma suffered, this Court is of the
opinion that, it is just and reasonable to award
compensation of ₹1,00,000/- each under the head of
pain and suffering and under the head of loss of
amenities .
19. Learned counsel submits that the petitioner has
to opt for artificial limbs, but the petitioner has not
produced any document to show how much amount is
required for artificial limbs.
20. By looking into the facts and circumstances of
the case, and situation of the petitioner, this Court is of
the opinion that it is just and reasonable to award
compensation of ₹1,00,000/- under head of medical
expenses .
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MFA No. 103802 of 2023
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21. Thus, the Petitioner would be entitled for
compensation under various heads as under:
1. Loss of future earning capacity. ₹39,27,000/-
2. Towards pain and suffering. ₹1,00,000/-
3. Towards loss of Amenities. ₹1,00,000/-
4. Towards medical expenses ₹1,00,000/-
Towards loss of income during
5. the laid-up period and incidental ₹78,000/-
expenses.
Total ₹43,05,000/-
22. Thus, the Petitioner is entitled for total
compensation of ₹43,05,000/- , instead of ₹33,74,289/-
awarded by the Tribunal.
23. Accordingly, point No.1 is answered in the
affirmative .
24. Regarding point No.(ii) : In view of the
finding on point No.(i), this Court proceeds to pass the
following:
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
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MFA No. 103802 of 2023
CNR: KAHC020113862023
ORDER
i) The appeal filed by the Petitioner is partly
allowed .
ii) The impugned judgment and award passed
by the Tribunal is modified holding that the
Petitioner is entitled for total compensation
of ₹43,05,000/- as against ₹ 33,74,289 /-
awarded by the Tribunal with interest at
6% per annum from the date of petition till
realisation.
iii) Petitioner is not entitled for interest on
enhanced amount for the delayed period.
iv) Respondent No.3-the insurance company
shall deposit the compensation amount with
accrued interest before the Tribunal within
a period of 8 weeks from the date of receipt
of certified copy of this judgment.
v) Draw modified decree accordingly.
Digitally Signed by KADAMBADI
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vi) No order as to costs.
vii) In view of disposal of the appeal, the
pending interlocutory applications, if any,
stand disposed of.
viii) Registry to transmit the TCR to the Tribunal
forthwith.
(K.G.SHANTHI)
JUDGE
SSP
List No.: 1 Sl No.: 27
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026