SRI GANGADHARAPPA S/O SHANTHAPPA vs MR VIJAYA KUMARA A S/O ASHOK G

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HC-KAR
NC: 2026:KHC-D:16673
MFA No. 100005 of 2025
C/W MFA No. 100004 of 2025


CNR: KAHC020001062025



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 7 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MRS JUSTICE K.G.SHANTHI

MISCELLANEOUS FIRST APPEAL NO. 100005 OF 2025 (MV-I)

C/W

MISCELLANEOUS FIRST APPEAL NO. 100004 OF 2025 (MV-I)



IN MFA No. 100005/2025
BETWEEN:

SRI. GANGADHARAPPA S/O. SHANTHAPPA
AGE: 57 YEARS,
OCC: AGRICULTURE AND PRIVATE BUSINESS (NOW NIL),
R/O. GAMA VILLAGE,
TQ: SHIKARIPURA
DIST: SHIVAMOGGA
NOW AT. PAMPA NAGAR,
ND
2 CROSS, RANEBENNUR,
DIST: HAVERI.
…APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)

AND:

1. MR. VIJAYA KUMARA A
S/O. ASHOK G
AGE: MAJOR,
OCC: BUSINESS,
TH
R/O. 16 CROSS,
CHANNAKESHAVA NAGAR,
SHIKARIPURA,
TQ: SHIKARIPURA-577427
DIST: SHIVAMOGGA
(OWNER OF THE MARUTI DEZIRE CAR
BEARING REG.NO.KA-15/N-4062)

2. THE LEGAL CLAIMS MANAGER
IFFCO TOKIO GENERAL INSURANCE CO. LTD.,
RD
SUDEV PLAZA, 3 FLOOR,

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OPP. LAXMI TEMPLE
DAJIBANPETH,
HUBBALLI-580020.
(INSURER OF THE MARUTI DEZIRE CAR BEARING
REG.NO.KA-15/N-4062)
POLICY NO.12926123
VALID FROM 07-06-2022 TO 06-06-2023

…RESPONDENTS

(NOTICE TO R1 IS DISPENSED WITH;
BY SRI. M.Y. KATAGI, ADVOCATE FOR R2)

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLE ACT, 1988, PRAYING TO ALLOW THIS APPEAL BY
ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT
AND AWARD OF THE III ADDL. SENIOR CIVIL JUDGE AND AMACT,
RANEBENNUR, DATED 18.03.2024 IN MVC NO.1073/2022 IN THE
INTEREST OF JUSTICE.

IN MFA NO. 100004/2025
BETWEEN:

SMT. KAMALA W/O. ASHOK G,
AGE: 52 YEARS,
OCC: HOUSE HOLD WORK,
AND TAILORING WORK, NOW NIL
R/O. CHANNAKESHAVA NAGAR,
SHIKARIPURA
TQ: SHIKARIPURA
DIST: SHIVAMOGGA
NOW AT: VAGEESH NAGAR
ND
2 CROSS, RANEBENNUR
DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)

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AND:

1. MR. VIJAYA KUMARA A S/O. ASHOK G
AGE: MAJOR,
OCC: BUSINESS,
TH
R/O. 16 CROSS,
CHANNAKESHAVA NAGAR,
SHIKARIPURA,
TQ: SHIKARIPURA-577427
DIST. SHIVAMOGGA
(OWNER OF THE MARUTI DEZIRE CAR BEARING
REG.NO.KA-15/N-4062)

2. THE LEGAL CLAIMS MANAGER
IFFCO TOKIO GENERAL INSURANCE CO. LTD.,
RD
SUDEV PLAZA, 3 FLOOR,
OPP. LAXMI TEMPLE
DAJIBANPETH,
HUBBALLI-580020
(INSURER OF THE MARUTI DEZIRE CAR BEARING
REG.NO.KA-15/N-4062)
POLICY NO.12926123
VALID FROM 07-06-2022 TO 06-06-2023

...RESPONDENTS
(BY SRI. M.Y. KATAGI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLE ACT, 1988, PRAYING TO PRAYING TO ALLOW THIS
APPEAL BY ENHANCING THE COMPENSATION BY MODIFYING
THE JUDGMENT AND AWARD OF THE III ADDL. SENIOR CIVIL
JUDGE AND AMACT, RANEBENNUR, DATED 18.03.2024 IN MVC
NO.1073/2022 IN THE INTEREST OF JUSTICE.

THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE K.G.SHANTHI

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ORAL JUDGMENT

Aggrieved by the judgment and award dated 18.03.2024
passed in MVC Nos.1072/2022 and 1073/2022 by the III
Additional Senior Civil Judge and A.M.A.C.T., Ranebennur (for
short, ‘the Tribunal’), the petitioners being the appellants
preferred these appeals seeking enhancement of the
compensation. The petitioner in MVC No.1073/2022 filed MFA
100005/2025 and the petitioner in MVC No.1072/2022 filed the
MFA No.100004/2025.

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 22.06.2022, they
were travelling in a Maruti Dzire Car bearing No.KA-15/N-4062.
At about 1:30 a.m., near Harogoppa B. Camp on Shikaripura–
Shivamogga Tar Road, the driver drove the car in rash and
negligent manner and, while attempting to avoid an animal,
lost control of the vehicle and dashed against a roadside tree
and caused the accident. Due to the accident, both petitioners
have sustained grievous injuries. A case was registered in
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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Shikaripura Rural Police Station in Crime No.141/2022 for the
offences punishable under Sections 279, 337, 338 and 304(A)
of IPC.

4. The petitioner in MVC No. 1072/2022 sustained
severe head injuries, multiple fractures to the skull, facial
bones and pelvic region, and other injuries. He underwent
surgery and inpatient treatment for about two months.

5. The petitioner in MVC No.1073/2022 sustained
multiple injuries, including fractures of the right fifth to eighth
ribs. He received conservative treatment as an inpatient for
about two months.

6. Accordingly, petitioners filed a claim petitions
claiming compensation.

7. Upon notice, respondent No.1 remained absent
and placed exparte. Respondent No.2 appeared through its
counsel and filed statement of objection.

8. The Respondent No.2 denied the averments of the
petition , involvement of the insured vehicle, and its liability.
However, respondent No.2 admitted that the Maruti Dzire Car
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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bearing No.KA-15/N-4062 was insured with it and that the
policy was valid as on the date of the accident, subject to its
terms and conditions. It is further contended that the driver did
not possess a valid and effective driving licence at the time of
the accident and that the compensation claimed was excessive.
Hence, it sought for dismissal of the petitions.

9. On the basis of said contentions of the parties, the
Tribunal has framed the following issues:
“ISSUES IN BOTH THE CASES
1. Whether the petitioner proves that, she/he has
sustained injuries in the road traffic accident which had
occurred on 22-06-2022 at about 1:30 hrs., near
Harogoppa B.Camp on Shikaripura-Shivamogga Tar
road, on account of rash and negligent driving of driver
of Maruti Dezire Car bearing Reg. No. KA.15/N-4062 by
its driver?
2. Whether the respondent No.2 is entitled for
exoneration from the liability on the grounds urged in
his written statement?
3. Whether the petitioner is entitled for compensation?
If so, to claim compensation as prayed for? If so, from
whom? What is the quantum? At what rate of interest?
4. What order or award?”

Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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10. Before the Tribunal, the petitioners were examined
as PW.1 and PW.2 and further examined the doctor as PW.3
and got marked 39 documents as Exs.P.1 to P.39. On the other
hand, the Senior Executive Officer of respondent No.2, by name
Sri. Ashlesh Moger, S/o. Govindaraya Moger, was examined as
RW.1 and got marked a document as Ex. R.1.

11. On hearing the argument, the Tribunal allowed the
claim petitions in part and awarded compensation in MVC
No.1072/2020 as under following heads:
Towards loss of future
1 Rs.4,09,200/-
earnings
2 Towards pain & suffering Rs.20,000/-
3 Attendance charges Rs.6,000/-
4 Conveyance charges Rs.5,000/-
Towards Food, diet and
5 Rs.5,000/-
nourishment
6 Towards loss of amenities Rs.5,000/-
Towards loss of income during
7 Rs.62,000/-
laid up period
8 Towards medical expenses Rs.5,50,000/-
Total Rs.10,62,200/-

and awarded compensation in MVC No.1073/2020 as
under following heads:
Towards loss of future
1 Rs.1,30,200/-
earnings
2 Towards pain & suffering Rs.20,000/-
3 Attendance charges Rs.6,000/-
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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4 Conveyance charges Rs.5,000/-
Towards Food, diet and
5 Rs.5,000/-
nourishment
6 Towards loss of amenities Rs.5,000/-
Towards loss of income during
7 Rs.15,50/-
laid up period
8 Towards medical expenses Rs.1,500/-
Total Rs.1,88,200/-


12. Aggrieved by the same, the petitioners filed these
appeals.

13. Learned counsel Sri.Chandrashekhar M. Hosamani
argued that the petitioner in MVC No.1073/2022 suffered a
th th
fracture of ribs on the right 5 to 8 and he has undergone
surgery and was treated in various hospitals. Further it is
argued that, he has suffered disability to the extent of 30% and
that the Tribunal has awarded a meager compensation under
the heads of pain and suffering, loss of future earnings,
attendant charges, conveyance charges, food, diet and
nourishment, loss of amenities, loss of income during laid up
period.

14. It is argued that the petitioner in MVC
No.1072/2022 has suffered 3 fractures and undergone surgery
and the doctor issued disability certificate assessing the
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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disability to the extent of 50% to the whole body, but the
Tribunal assessed the disability to the extent of 20% which is
on the lower side. Further it is argued that the Tribunal has
awarded compensation under various heads on the lower side.
Accordingly, pray for enhancement of the compensation.

15. Learned counsel for the insurer argued that the
Tribunal rightly awarded compensation towards all the
conventional heads and no interference by this Court is
required . Hence, prayed for dismissal of the appeals.

16. Heard the arguments. Perused the materials
available on record. The points that would arise for
consideration by this Court are as follows:

(i) Whether the petitioner is entitled to claim
compensation under the Second Schedule of
MV Act?

(ii) What order?

17. Points framed by this Court for consideration are
answered as follows:
Point No.(i) : Partly in the affirmative.
Point No.(ii): As per the final order, for the
following:
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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18. Regarding Point No.(i): It is the contention of the
petitioner in MVC No.1073/2022 that he was working as an
agriculturist and due to fracture, he has suffered a lot. He was
th
treated as an inpatient for 2 days and suffered a fracture of 5
ribs. The petitioner suffered a lot, due to the fracture sustained.
The Tribunal has awarded a compensation of ₹20,000/- under
the head of pain and suffering and this Court is of the opinion
that it is reasonable to enhance the same to ₹35,000/- .

19. The Tribunal awarded compensation towards
attendant charges, conveyance charges, food and nourishment
at ₹16,000/-. It is enhanced to ₹25,000/- .

20. The Tribunal has awarded ₹5,000/- under the head
of loss of amenities. By looking into the fracture sustained by
the petitioner, this Court is of the opinion that the fracture
suffered by the petitioner will come in the way of his personal
life and it affects his comforts and enjoyment in the life. So this
Court is of the opinion that, it is reasonable to enhance the
compensation to ₹25,000/- under the head of loss of
amenities .
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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21. The Tribunal has awarded compensation of
₹15,500/- for the loss of income during laid up period. Since
the petitioner sustained fracture, this Court is of the opinion
that, at least three months time is required for him to recover.
During that period he was not in a position to work and the said
loss should be compensated. Hence, it is reasonable to award
compensation of ₹35,000/- under the head of loss of
earning during laid up period .

22. The Tribunal has rightly awarded compensation
under the head of loss of future earnings and also towards
medical expenses, which does not call for interference.

23. Thus, the petitioner would be entitled for
compensation under various heads as under:
1. Loss of future earning capacity. ₹1,30,200/-
2. Towards pain and suffering. ₹35,000/-
3. Towards loss of Amenities. ₹25,000/-
Towards attendant charges,
4. conveyance charges, food and ₹25,000/-
nourishment.
5. Towards medical expenses ₹1,500/-
Towards loss of income during the
6. ₹35,000/-
laid-up period.
Total ₹2,51,700/-

Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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24. Thus, the petitioner is entitled for total
compensation of ₹2,51,700/- , instead of ₹1,88,200/- awarded
by the Tribunal.

25. The petitioner in MVC No.1072/2022 was aged 50
years at the time of the accident. The wound certificate-Ex.P.5
indicates that she has sustained fracture of frontal depressed
with bone fragment in brain and open wound with CSF leak,
anterior cranial bone, B/L LEFORT 1,B/L zygoma, nasal bone
fracture. The doctor issued a disability certificate as per Ex.P.7.
He had assessed the disability to the extent of 15% to the
particular limb. She has undergone operation and she was
inpatient for 27 days. The doctor has opined that the petitioner
has a decreased intellectual ability, intermittent post-traumatic
seizures, and limitation of joint movements. She also complains
of pain in the frontal and parietal regions, over the zygomatic
bone, and over the nasal bridge. She further suffers from
intermittent headaches and giddiness due to the head injury,
weakness in the lower limbs, and intermittent watering of the
eyes and she is finding difficulty to carry out the day-to-day
activities, which she used to do earlier.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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26. By looking into the injury sustained by the
petitioner and operation undergone by her, she suffered a lot of
pain. The Tribunal has awarded a compensation under the head
pain and suffering of ₹20,000/-. This Court is of the opinion
that, it is reasonable to enhance it for ₹50,000/- . She was
hospitalized for 27 days she has sustained three fractures and
she had undergone surgery, the Tribunal has awarded
₹62,000/- under the head of loss of income during laid up
period which is adequate and reasonable.

27. The Tribunal has awarded compensation of
₹5,000/- under the head of loss of amenities . It is enhanced
to ₹40,000/- .

28. The Tribunal has awarded ₹16,000/- in all
attendant charges, convenience, towards food, diet and
nourishment . It is enhanced to ₹40,000/- .

29. The Tribunal rightly assessed the income of the
petitioner and the functional disability to the whole body and
awarded a compensation of ₹4,09,200/- towards loss of
future earning , which is adequate.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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30. Further, the Tribunal rightly awarded compensation
of ₹5,50,000/- under the head medical expenses based on
the documents, which does not call for any interference.

31. Thus, the petitioner would be entitled for
compensation under various heads as under:
1. Loss of future earning capacity. ₹4,09,200/-
2. Towards pain and suffering. ₹50,000/-
3. Towards loss of Amenities. ₹40,000/-
Towards attendant charges,
4. conveyance charges, food and ₹40,000/-
nourishment.
5. Towards medical expenses ₹5,50,000/-
Towards loss of income during the
6. ₹62,000/-
laid-up period.
Total ₹11,51,200/-


32. Thus, the petitioner is entitled for total
compensation of ₹11,51,200/- , instead of ₹10,62,200/-
awarded by the Tribunal.

33. Accordingly, point No.1 is answered in the
affirmative .

34. Regarding point No.(ii) : In view of the finding
point No.(i), this Court proceeds to pass the following:

Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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ORDER

i) Appeals filed by the petitioners under Section
173(1) of Motor Vehicles Act, 1988 are partly
allowed .

ii) The impugned judgment and award passed by
the Tribunal is modified holding that the
petitioners in MFA No.100005/2025 (MVC
No.1073/2022) and MFA No.100004/2025
(MVC No.1072/2022) are entitled for total
compensation of ₹2,51,700/- as against
₹1,88,200/-; ₹11,51,200/- as against
₹10,62,200/- respectively awarded by the
Tribunal.

iii) The enhanced compensation amount shall carry
interest at the rate of 6% per annum from the
date of petition till the date of realization.

iv) The petitioners are not entitled for interest for
the delayed period in filing the appeal.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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v) Respondent No.2-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.

vi) Draw modified decree accordingly.

vii) No order as to costs.

viii) In view of disposal of the appeal, the pending
interlocutory applications, if any, stand
disposed of.

ix) Registry to transmit the TCRs to the Tribunal
forthwith.



(K.G.SHANTHI)
JUDGE

SSP
List No.: 1 Sl No.: 48
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026