TEJASWINI D/O SANJEEV MUTHANE vs SUDHIR S/O RAMAPPA HALEMANI

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HC-KAR
NC: 2026:KHC-D:17222
MFA No. 100371 of 2017


CNR: KAHC020074322017




IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 15 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MRS JUSTICE RAJESHWARI N.HEGDE
MISCELLANEOUS FIRST APPEAL NO. 100371 OF 2017 (MV-I)

BETWEEN:

MISS TEJASWINI D/O SANJEEV MUTHANE
AGE: 22 YEARS,
OCC: STUDENT AND TAILORING, NOW NIL,
R/O: BADKAL GALLI,
BELAGAVI-590002,
TQ. AND DIST.: BELAGAVI
…APPELLANT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)

AND:

1. MR. SUDHIR S/O RAMAPPA HALEMANI
AGE: 44 YEARS, OCC: BUSINESS
ND
R/O: H.NO.14, 2 MAIN,
TH
9 CROSS, SADASHIV NAGAR,
BELAGAVI-590002,
DIST: BELAGAVI.

2. THE NATIONAL INSUIRANCE CO. LTD.,
R/BY THE DIVISIONAL MANAGER
BELAGAVI D.O.AT IST FLOOR,
PRABHU BUILDING, 1732,
RAMADEV GALLI, P.B.NO.175,
BELAGAVI-590002
…RESPONDENTS
(BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173 (1) MV ACT,
PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE
JUDGMENT AND AWARD PASSED BY COURT OF IX ADDL. DISTRICT
AND SESSIONS JUDGE AND MEMBER ADDL. MACT, BELAGAVI, IN
MVC NO.2244/2014 DATED 02.04.2016. IN THE INTEREST OF
JUSTICE.












Digitally signed
by BHARATHI H
M
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
Date: 2026.10.17
16:00:02 +0530

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HC-KAR
NC: 2026:KHC-D:17222
MFA No. 100371 of 2017


CNR: KAHC020074322017



THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE RAJESHWARI N.HEGDE

ORAL JUDGMENT

1. The present appeal is filed by the
appellant/claimant, assailing the judgment and award dated
02.04.2016 passed by the learned IX Additional District and
Sessions Judge and Member, Additional Motor Accident Claims
Tribunal (for short, ‘Tribunal’), Belagavi, in MVC No.
2244/2014.

2. The brief facts of the case are as follows:
On 29.11.2013, at about 6:00 p.m., the claimant was
proceeding on a Honda Dio bearing registration No. MH-09/BJ-
4453. When she reached near the house of Shanbag, situated
at 2nd Line, 5th Cross, Sadashiva Nagar, Belagavi, the rider of
a motorcycle bearing registration No. KA-22/ED-0046 came at
a high speed in a rash and negligent manner and dashed
against the Honda Dio. As a result, the claimant fell down along
with her vehicle and sustained several injuries. Immediately,
she was shifted to Vijay Hospital, Belagavi, and after receiving
initial treatment, she was referred to Lakeview Hospital,

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MFA No. 100371 of 2017


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Belagavi. The claimant incurred medical expenses of
approximately ₹4,50,000/-. At the time of the accident, she
was aged about 20 years, was a meritorious student pursuing
B.Pharma at Maratha Mandal College, Belagavi and was also
engaged in tailoring work, earning ₹8,000/- per month. It is
contended that, the accident occurred due to the rash and
negligent riding of the motorcycle bearing registration No.KA-
22/ED-0046. Respondent Nos.1 and 2 being the owner and
insurer of the said motorcycle, respectively and are jointly
liable to pay compensation to the claimant.

3. The learned counsel for the appellant contended
that, although the doctor had assessed the claimant's
permanent disability at 23%, the Tribunal had considered the
disability at only 10%, instead of 23%. Therefore, it was
contended that the permanent disability ought to be assessed
at 23%.

a. The learned counsel further submitted that, at the
time of the accident, the claimant was a student and was also
engaged in tailoring work. Due to the injuries sustained in the
accident and the result of disfigurement, the claimant had

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MFA No. 100371 of 2017


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suffered a loss of marriage prospects. However, the Tribunal
had not awarded any compensation under the head of loss of
marriage prospects. Hence, the appellant has preferred the
present appeal, seeking enhancement of compensation by
reassessing the permanent disability at 23% and awarding
additional compensation under the head of loss of marriage
prospects.

4. Per contra , the learned counsel for the respondent-
Insurance Company submitted that, the claimant had not
examined the doctor who had treated her before the Tribunal.
It was further contended that the disability certificate had been
issued by a doctor who had not treated the claimant. Therefore,
the Tribunal was justified in assessing the claimant's permanent
disability at 10%.

5. The learned counsel further submitted that the
claimant was already married and hence, no compensation
could be awarded under the head of loss of marriage prospects.
Accordingly, it was contended that the judgment and award
passed by the Tribunal do not warrant any interference.

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6. The records of the Tribunal have not been
summoned in the present appeal. However, with the consent of
the learned counsel appearing for both parties, this Court has
proceeded to consider the matter on the basis of the
documents produced by the appellant along with the
memorandum of appeal.

7. It is not in dispute that, the accident occurred due
to the rash and negligent riding of the motorcycle bearing
registration No.KA-22/ED-0046. Respondent No.2 is the insurer
of the said motorcycle.

8. The claimant sustained the following injuries:
•
Mal-united fracture of mandible of right side,
•
Mal-united fracture of lateral wall of maxillary sinus,
•
Mal-united fracture of zygomatic arch,
•
Mal-united fracture right temporal bone,
•
No-union fracture of nasal spetum,
•
Loss of single maxillary canine tooth no-13.


9. On perusal of the disability certificate and the other
documents produced by the appellant, it is evident that the
doctor assessed the claimant's permanent physical disability at
23% to the whole body. However, the Tribunal assessed the
permanent disability at 10%, having regard to the nature of the
injuries sustained by the claimant. Though the claimant has not

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examined the doctor who treated her, upon considering the
disability certificate marked as Ex.P13, the nature of the
injuries sustained and the disfigurement of the face, this Court
is of the view that the, permanent disability assessed by the
Tribunal at 10% requires to be enhanced to 15%.

10. Accordingly, by taking the permanent disability at
15%, and the monthly income of the claimant assessed by the
Tribunal at ₹8,000/- and the multiplier adopted by the Tribunal
are hereby maintained, the compensation under the head of
loss of future earning capacity is reassessed as under::
Rs.8,000/- x 12 x 18 x 15% =₹2,59,200/-

11. The compensation awarded by the Tribunal under
the other heads is hereby maintained. In addition, a sum of
₹25,000/- is awarded to the claimant under the head of loss of
marriage prospects.

12. The compensation is reassessed as under:
Head This Court
Pain and suffering ₹1,00,000/-
Towards Loss of amenities ₹50,000/-
Loss of earning capacity ₹2,59,200/-

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Head This Court
Incidental ₹50,000/-
Marriage prospectus ₹25,000/-
Towards medical expenses ₹1,50,000/-
Total ₹6,34,200/-

13. Accordingly, this court proceed to pass the
following order:
ORDER

(i) The appeals is allowed in part .

(ii) The judgment and award dated 02.04.2016
passed by the learned IX Additional District and
Sessions Judge and Member, Additional Motor
Accident Claims Tribunal (MACT), Belagavi, in
MVC No.2244/2014 are modified accordingly.

(iii) The claimants are entitled to total
compensation of ₹6,34,200/- interest at the
rate of 6%.

(iv) The insurance company is directed to deposit
the compensation amount, within six weeks
from the date of receipt of a copy of this
judgment.

Sd/-
(RAJESHWARI N.HEGDE)
JUDGE

AC
CT-CMU
LIST NO.: 1 SL NO.: 30