SRI. T LINGARAJ NINGARAJA vs BASAVARAJA H S/O VRISHBENDRAPPA H
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-D:17970
MFA No. 100410 of 2021
CNR: KAHC020147022021
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MRS JUSTICE K.G.SHANTHI
MISCELLANEOUS FIRST APPEAL NO. 100410 OF 2021
(MV-I)
BETWEEN:
SRI. T. LINGARAJ NINGARAJA S/O. HARIJANA THIPPESWAMY,
AGE: 21 YEARS, OCC. STUDENT,
R/O. H.NO.191, HARIJANA COLONY,
KADEKOLA VILLAGE, BALLARI DISTRICT,
PRESENTLY RESIDING AT BALLARI-583101.
…APPELLANT
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
1. SRI. BASAVARAJA H S/O. VRISHBENDRAPPA H,
AGE: 42 YEARS,
OCC. DRIVER OF THE INDICA VISTA AQUA
TDI E CAR KA-19/MA -7300,
R/O. HARAPANAHALLI, DIST. DAVANAGERI-583131.
2. SRI. K. MALLIKARJUNA S/O. KARI BASAPPA,
AGE 42 YEARS, OWNER OF INDICA VISTA AQUA
TDI E CAR KA-19/MA-7300,
R/O. NO. 89, NEKAR COLONY,
ND
2 WARD, TQ. H.B. HALLI,
DIST. BALLARI-583212.
3. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
ST
SRI. SHANKAR COMPLEX, 1 FLOOR,
D.NO. 48-50A, MAIN ROAD,
PARVATHI NAGAR, OPPOSITE SONY CENTRE,
BALLARI-583101.
…RESPONDENTS
(BY SMT. ARUNA DESHPANDE, ADVOCATE FOR R3;
NOTICE TO R1 AND R2 IS DISPENSED WITH)
- 2 -
HC-KAR
NC: 2026:KHC-D:17970
MFA No. 100410 of 2021
CNR: KAHC020147022021
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING THAT THE JUDGMENT AND AWARD DATED 19.09.2019 IN
MVC NO.636/2018 PASSED BY THE LEARNED MOTOR ACCIDENT
CLAIMS TRIBUNAL-II, BALLARI, MAY KINDLY BE MODIFY BY
ENHANCING THE COMPENSATION AND ALLOW THE CLAIM PETITION
BY ALLOWING THE APPEAL WITH COST, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ARGUMENTS 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 19.09.2019
in MVC No.636/2018 passed by the Motor Accidents Claim
1
Tribunal-II, Ballari , the appellant being the petitioner before
the Tribunal has filed this appeal seeking enhancement of the
compensation.
2. Parties are hereinafter referred to as per their ranks
before the Tribunal for the sake of convenience.
3. Brief facts of the case are that on 10.01.2018 at
about 7.00 p.m., the petitioner was proceeding along with a
pillion rider on the motorcycle bearing registration No.KA-
1
For short, ‘the Tribunal’
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
- 3 -
HC-KAR
NC: 2026:KHC-D:17970
MFA No. 100410 of 2021
CNR: KAHC020147022021
2
35/EF-0193 from Kadekola village towards Ganagette village.
When they reached C.J. Halli-M.B. Ayyanahalli, at that time, the
driver of the Indica Vista Aqua TDI E car bearing registration
3
No.KA-19/MA-7300 came from opposite direction in a high
speed, rash and negligent manner and dashed against the
motorcycle of the petitioner and caused accident. Due to the
said impact, the petitioner sustained grievous injuries and
shifted to the hospital for treatment. The petitioner has spent
huge amount towards medical expenses.
4. Prior to the accident, the petitioner was hale and
st
healthy, aged about 19 years and studying in BA 1 year in
Government College, Kudligi. Due to the accident, he sustained
permanent disability affected his daily activities and studies.
He is unable to concentrate on his studies and is also facing
difficulty in sitting, standing and squatting properly. After the
accident, he is suffering mentally, physically and economically.
A ccordingly, the petitioner has filed a claim petition before the
Tribunal claiming compensation.
2
For short, ‘the motorcycle’
3
For short, ‘the car’
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
- 4 -
HC-KAR
NC: 2026:KHC-D:17970
MFA No. 100410 of 2021
CNR: KAHC020147022021
5. After registering the petition, notices have been
issued to the respondents No.1 to 3. They appeared through
their counsel and filed their objections.
6. Respondent No.2 has adopted the objections filed
by respondent No.1. They denied the petition averments and
contended that the petition was false and not maintainable.
Further contended that, respondent No.1 had lost control over
the vehicle and dashed against the petitioner’s vehicle. They
further contended that the respondent No.3, being the insurer,
was liable to pay compensation. Accordingly ,they prayed for
dismissal of the claim petition against them.
7. Respondent No.3/Insurance Company denied the
averments made in the claim petition and contended that
respondent No.1 was not holding valid and effective driving
license to drive the vehicle at the time of the accident and
respondent No.2 has not insured the offending vehicle with it.
Accordingly, prayed for dismissal of the claim petition.
8. Before the Tribunal, the petitioner himself examined
as PW1 and the doctor was examined as PW2 and got marked
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
- 5 -
HC-KAR
NC: 2026:KHC-D:17970
MFA No. 100410 of 2021
CNR: KAHC020147022021
the documents as Exs.P.1 to P.10. On the other hand, the
respondents did not produce any evidence. However, Ex.R1
the insurance policy has been marked with consent.
9. On hearing the arguments, the Tribunal allowed the
claim petition in part and awarded the compensation under the
following heads:
Sl.
Heads Amount in Rs.
No.
1 Pain and sufferings. Rs.50,000/-
2 Loss of future income. Rs.2,59,200/-
3 Special diet, attendant and Rs.25,000/-
conveyance expenses.
4 Loss of amenities. Rs.25,000/-
5 Medical bills. Rs.7,05,000/-
6 Loss of income during laid up Rs.33,800/-
period.
Total Rs.10,98,000/-
The Tribunal fastened the liability on respondent
No.3/Insurance Company and directed to pay the compensation
along with interest at the rate of 7% per annum from the date
of petition till realization.
10. Being dissatisfied with the quantum of
compensation, the petitioner preferred this appeal.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
- 6 -
HC-KAR
NC: 2026:KHC-D:17970
MFA No. 100410 of 2021
CNR: KAHC020147022021
11. Learned counsel for the petitioner argued that the
petitioner has sustained two grievous injuries namely, a
rd
fracture of the middle 1/3 of shaft of right femur and fracture
of lateral condoyle of tibia. PW2 the doctor assessed the
disability at 46%. However the Tribunal has assessed the
functional disability of the whole body at 16% which is on the
lower side. Accordingly learned counsel prayed for
enhancement of the compensation and also sought
compensation under the head of “future prospects”.
12. Learned counsel for the respondent No.3/Insurance
Company argued that the Tribunal has rightly assessed the
disability at 16% based on the documents available on record
and had awarded adequate compensation under various heads,
which did not call for any interference by this Court.
Accordingly, learned counsel prayed for dismissal of the appeal.
13. Heard the arguments. Perused the materials
available on record. The points that would arise for
consideration by this Court are as follows:
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
- 7 -
HC-KAR
NC: 2026:KHC-D:17970
MFA No. 100410 of 2021
CNR: KAHC020147022021
1. Whether the petitioner proves that the
compensation awarded by the Tribunal is
inadequate and it deserves to be modified?
2. What order?
14. 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:
15. Regarding Point No.(i): The accident occurred on
10.01.2018 and the petitioner was a student at the time of
accident. The Tribunal has taken the income of the petitioner at
Rs.7,500/- per month to assess the loss of earning capacity. As
the accident occurred in the year 2018, the Tribunal ought to
have assessed the income based on the guidelines issued by
the Karnataka Legal Services Authority. As per the chart, the
income of the petitioner would be taken at Rs.11,750/-.
16. PW2 the doctor issued a disability certificate which
was marked as Ex.P9. The document reveals that there is a
malunited fracture. The petitioner had undergone operation
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
- 8 -
HC-KAR
NC: 2026:KHC-D:17970
MFA No. 100410 of 2021
CNR: KAHC020147022021
with implants. The petitioner was a young man at the time of
the accident. Therefore, compared to elderly persons, his
recovery would also be faster. Considering the injuries
sustained by the petitioner, this Court is of the opinion that the
Tribunal has rightly assessed the disability at 16% to the
whole body, which does not call for any interference.
17. The petitioner was aged 19 years at the time of
accident. T he applicable multiplier would be “18” . Thus, it is
entitled to compensation under the head of “loss of future
earning”:
Rs.11,750/- X 12 X 18 X 16% = Rs.4,06,080/-
18. The petitioner has been treated as an inpatient for
more than 2½ months. He had suffered considerably due to the
accidental injuries. Hence, this Court is of the opinion that it is
just and reasonable to award compensation of Rs.65,000/-
under the of “pain and suffering”.
19. The Tribunal has rightly awarded compensation of
Rs.25,000/- under the head of “special diet, attendant and
Rs.7,05,000/-
conveyance expenses” and under the head of
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
- 9 -
HC-KAR
NC: 2026:KHC-D:17970
MFA No. 100410 of 2021
CNR: KAHC020147022021
“medical bills” based on the medical documents, which does not
call for any interference.
20. The fracture suffered by the petitioner will come in
the way of his personal life as the fracture is mal-united. It
affects his comforts and enjoyment. Hence, this Court is of the
opinion that it is just and reasonable to award compensation of
Rs.45,000/- under the head of “loss of amenties”.
21. Considering the injuries sustained by the petitioner
and the period of hospitalization, this Court is of the opinion
that at least six months would be required for him to recover
and come to daily routine life. Hence, awarded compensation of
Rs.70,500/- under the head of “loss of income during laid up
period”.
22. Learned counsel for the petitioner argued that the
Tribunal has not awarded any compensation under the head of
future prospectus.
23. It is pertinent to note that the doctor had assessed
the disability at 46% in respect of particular limb, whereas the
Tribunal had rightly assessed the disability to the extent of
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
- 10 -
HC-KAR
NC: 2026:KHC-D:17970
MFA No. 100410 of 2021
CNR: KAHC020147022021
16% to the whole body. In such circumstances, awarding
compensation under the head of future prospects does not
arise.
24. In all, the compensation is awarded under the
following heads:
Sl. Amount in
Heads
No. Rs.
1 Pain and suffering 65,000/-
2 Loss of future income 4,06,080/-
3 Special diet, attendant and 25,000/-
conveyance expenses.
4 Loss of amenities 45,000/-
5 Medical bills 7,05,000/-
6 Loss of income during laid up 70,500/-
period.
Total 13,16,580/-
25. Thus, the petitioner is entitled to receive
compensation of Rs.13,16,580/- as against Rs.10,98,000/-
awarded by the Tribunal.
26. Accordingly, point No.(i) is answered partly in the
affirmative .
27. Regarding point No.(ii) : In view of the findings
on point No.(i), this Court proceeds to pass the following:
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
- 11 -
HC-KAR
NC: 2026:KHC-D:17970
MFA No. 100410 of 2021
CNR: KAHC020147022021
ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment and award
passed by the Tribunal is modified. The
petitioner is entitled to receive
compensation of Rs.13,16,580/- as
against Rs.10,98,000/- 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 payment, excluding the period of
delay of 431 days in filing the appeal, as
per the order dated 10.08.2021.
(iv) Respondent No.3/Insurance Company
shall deposit enhanced compensation
with accrued interest before the Tribunal
within a period of six weeks from the
date of receipt of certified copy of this
judgment.
(v) Draw modified award accordingly.
(vi) Registry to transmit the Trial Court
Records forthwith.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
- 12 -
HC-KAR
NC: 2026:KHC-D:17970
MFA No. 100410 of 2021
CNR: KAHC020147022021
(vii) In view of disposal of this appeal,
pending applications, if any, do not
survive for consideration and the same
are accordingly disposed of.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
(K.G.SHANTHI)
JUDGE
SMM/CT:PA
LIST NO.: 1 SL NO.: 43