MINOR IMRAN ALI H vs SHIVALINGAPPA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16616
MFA No. 103459 of 2023
CNR: KAHC020120942023
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. 103459 OF 2023 (MV-I)
BETWEEN:
MINOR IMRAN ALI H
S/O. MEHABOOB ALI
@ MEHABOOB BASHA SAB
AGE: 21 YEARS, OCC: STUDENT,
R/O: HOUSE NO.21,
WARD NO. 24
BABU NAIDU STREET,
(GADANG STREET)
COWL BAZAR. BALLARI-583102.
…APPELLANT
(BY SRI. GURUKUMAR V. A., ADVOCATE)
AND:
1. SHIVALINGAPPA
S/O. RAMACHANDRAPPA
AGE: 33 YEARS, OCC: DRIVER,
R/O. UBBALAGUNDI POST,
SANDUR TQ,
BALLARI DIST-583119.
2. M. SREEDHAR
S/O. M RAJANNA
AGE: 42 YEARS,
OCC: BUSINESS,
R/O. WARD NO. 31,
RD
3 CROSS,
VIDYANAGAR, NEAR OPD
CANTONMENT,
BALLARI-583104.
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MFA No. 103459 of 2023
CNR: KAHC020120942023
3. THE DIVISIONAL MANAGER,
M/S UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE,
PARVATHINGAR MAIN ROAD,
BALLARI-583103.
…RESPONDENTS
(BY SRI. RAVINDRA R. MANE, ADVOCATE FOR R3;
R1 AND R2 SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO:
i. CALL FOR THE LOWER COURT RECORDS IN MVC NO.530/2017
DATED 02.12.2021 ON THE FILE OF THE COURT OF IN THE
COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE AND
MEMBER MACT-XII, BALLARI.
ii. ENHANCE THE COMPENSATION BY MODIFYING THE
JUDGMENT AND AWARD FROM RS.6,50,739/- TO
RS.50,00,000/- IN MVC NO.530/2017 DATED 02.12.2021 ON
THE FILE OF THE COURT OF IN THE COURT OF II ADDL.
DISTRICT & SESSIONS JUDGE AND MEMBER MACT-XII,
BALLARI.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.G.SHANTHI
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NC: 2026:KHC-D:16616
MFA No. 103459 of 2023
CNR: KAHC020120942023
ORAL JUDGMENT
Aggrieved by the judgment and award dated 02.12.2021
in MVC No.530/2017 passed by the II Additional District and
1
Sessions Judge and Member MACT-XII, Ballari , the petitioner
before the Tribunal filed this appeal seeking enhancement of
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 05.07.2017, at
about 06:00 p.m., the father of the minor petitioner was
2
repairing the lorry bearing registration No.KA-34/B-3567 near
Lorry Terminal at Ballari. When the minor petitioner was
standing by the side of his father, respondent No.1/driver of
3
the lorry bearing registration No.AP-26/TT-8617 turned his
lorry from reverse direction and dashed to the parked lorry
where the father of the minor petitioner was doing work and
thereby, the minor petitioner fell down and sustained grievous
injuries and became unconscious. Immediately after the
1
For short, ‘the Tribunal’
2
For short, ‘the lorry’
3
For short, ,’the offending vehicle’
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MFA No. 103459 of 2023
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accident, the petitioner was shifted to the hospital for
treatment.
4. The petitioner contended that, prior to the accident
the petitioner was hale and healthy and was a brilliant student.
Due to the accidental injuries, all his future hopes have been
spoiled. The petitioner has spent huge amount towards medical
expenses and became permanently disabled. Accordingly, the
petitioner filed a claim petition claiming compensation before
the Tribunal.
5. On filing of the petition, notices have been issued to
respondents No.1 to 3, they appeared through their counsel
and only respondents No.2 and 3 have filed their objections
denying the averments of the claim petition.
6. Respondent No.2 contended that the petition is not
maintainable either in law or on facts. It is further contended
that, the accident occurred solely due to negligent act of the
stationed lorry, hence, there was no rashness or negligence on
the part of the respondent No.1 and as on the date of the
accident, the policy of the vehicle was in force, as such, the
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MFA No. 103459 of 2023
CNR: KAHC020120942023
respondent No.3/Insurance Company alone is liable to
indemnify the insured. Thus, he sought for dismissal of the
petition.
7. Respondent No.3/Insurance Company contended
that the petition does not disclose any method and manner of
accident, and the accident occurred solely because of negligent
act of the stationed lorry, as such, there was no rashness or
negligence on the part of respondent No.1. Thus, prays for
dismissal of the petition.
8. Before the Tribunal, the father of the petitioner was
examined as PW1 and the doctor as PW2 and got marked the
documents as Exs.P.1 to P.89. On behalf of respondent No.3,
one witness examined as RW1 and got marked Ex.R1-policy.
9. On hearing the arguments, the Tribunal allowed the
claim petition in part and awarded compensation under the
following heads:
Sl. Amount in
Heads
No. Rs.
1 Pain and suffering already undergone
and to be suffered in future, mental
and physical shock, hardship,
inconvenience and discomforts etc.,
5,00,000/-
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026
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MFA No. 103459 of 2023
CNR: KAHC020120942023
and loss of amenities in life on
account of permanent disability
2 Discomfort, inconvenience, loss of
earnings to the parents during the
period of hospitalization and
conveyance expenses
42,676/-
3 Medical and incidental expenses
during the period of hospitalization for
22 days
15,000/-
4 Towards reimbursement of actual 93,063/-
medical expenses
TOTAL 6,50,739/-
The Tribunal further held that, respondent Nos.1 to 3 are
jointly and severally liable to pay the compensation and
directed the respondent No.3 being the Insurance Company to
deposit the compensation amount within 60 days from the date
of the order with interest at the rate of 6% per annum.
10. Dissatisfied with the quantum of compensation, the
petitioner preferred this appeal.
11. Learned counsel for the petitioner a rgued that the
petitioner has sustained grievous injuries and suffered 80%
disability to the whole body but, the Tribunal awarded global
compensation of Rs.5,00,000/- to the petitioner considering
that, at the time of accident, the petitioner was aged 16 years.
Further it is argued that this Court by applying the guidelines
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MFA No. 103459 of 2023
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issued by the Karnataka Legal Services Authority has to assess
appropriate income and enhance the compensation, the
petitioner was treated at various hospitals for the injuries
caused to his brain and spine and he was bedridden and there
is 80% permanent physical disability to the whole body of the
petitioner, for which, one person must be there to take care of
the petitioner throughout his life. Accordingly, he prays for
enhancement of the compensation.
12. Learned counsel for respondent No.3/Insurance
Company argued that the award of the Tribunal is proper and
adequate and it does not call for any interference.
13. Heard the arguments. Perused the materials
available on record. The point that would arise for consideration
by this Court is as follows:
(i) Whether the petitioner proves that the
compensation awarded by the Tribunal is
inadequate and it deserves to be modified?
(ii) What order?
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MFA No. 103459 of 2023
CNR: KAHC020120942023
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 is not in
dispute. It is also not in dispute that the petitioner suffered
80% permanent physical disability. The discharge summary
marked as Ex.P.10 indicates that as under:
“Patient was moderately built, nourished. No
neurocutaneous markers, vitals were stable higher
mental function-patient was conscious, alert and
oriented Cranial Nerves-were within normal limits
Motor-Bulk and Tone was normal in bilateral upper
limbs. Lower limbs were flaccid and power 0/5
bilaterally. Power is 5/5 in all other groups.
Sensory-Below D12 dermatome minimal
appreciation of deep pressure stimulus, 100
percent sensory loss to Touch, pain and
temperature joint position and vibration. Deep
Tendon Reflexes-were absent in lower limbs.
Superficial Reflexes-were Present Planter Reflexes-
mute. Bulbocavernosus absent anal tone lax.
Cerebellar Signs – were absent Gait - CNBT”
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GANESH SHANTHI on 14-10-2026
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MFA No. 103459 of 2023
CNR: KAHC020120942023
16. PW2 doctor who assessed the disability and issued
a certificate as per Ex.P9, deposed before the Tribunal that due
to accidental injury, the petitioner sustained D12 burst # for
which he developed bilateral lower limb paralysis, Sensory loss,
bowel and bladder involvement. Further he deposed that the
petitioner needs assistant in performing all his day-to-day
activities. He also stated in the affidavit that, at the time of
clinical examination while assessing the disability he has
noticed that there is a complete loss of sensation of both lower
limbs, power of both lower limbs 1/5 (Normal 5/5), loss of
bowel and bladder involvement, bed sores over the back, and
the petitioner is totally bedridden and not able to walk and he
is not able to lead his life on his own and requires continue
attention by anyone for all his moments.
17. The petitioner was a student at the time of
accident. The document produced by the petitioner indicates
that the recovery is also not possible as he has lost his
sensation. Therefore, 80% disability to the whole body of the
petitioner is to be considered.
Digitally Signed by KADAMBADI
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MFA No. 103459 of 2023
CNR: KAHC020120942023
18. As the petitioner was a student at the time of
accident and was aged 16 years, this Court is of the opinion
that it is just and reasonable to assess the income based on the
guidelines issued by the Karnataka Legal Services Authority.
Hence, the notional income of the petitioner for the accident
which occurred in the year 2017 would be Rs.10,250/-.
19. In view of the decision of the Hon’ble Apex Court in
Sarla Verma and others V. Delhi Transport Corporation
4
and Another , the applicable multiplier would be “18”.
20. Further, in view of the decision of the Hon’ble Apex
Court in National Insurance Company Limited v. Pranay
5
Sethi , to the income of the petitioner 40% towards future
prospects has to be added. Thus, the petitioner is entitled for
compensation under the head of “loss of future income” as
under:
Rs.10,250/- + 40% = Rs.14,350/-
Rs.14,350/- X 12 X 18 X 80% = Rs.24,79,680/-
4
2009 ACJ 1298
5
(2017) 16 SCC 680
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MFA No. 103459 of 2023
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21. By looking into the injuries sustained by the
petitioner and his sufferings thoroughly, this Court is of the
opinion that it is reasonable to award compensation of
Rs.1,00,000/- under the head of ‘pain and suffering’.
22. The Tribunal has awarded compensation of
Rs.42,676/- under the head of ‘discomfort, inconvenience, loss
of earnings to the parents during hospitalization and
conveyance expenses’. By looking into the condition of the
petitioner, this Court is of the opinion that it is reasonable to
enhance the same to Rs.75,000/-.
23. The petitioner was hospitalized from 06.07.2017 to
18.07.2017 and from 31.10.2018 to 7.11.2018, totally 22 days.
The medical bills and other records reflects that the petitioner
is entitled for reimbursement to the tune of Rs.93,063/- .
24. By looking into the physical and mental condition of
the petitioner, this Court is of the opinion that throughout his
life the petitioner has to suffer without any happiness and
enjoyment in his life. Hence, this Court is of the opinion that it
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MFA No. 103459 of 2023
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is reasonable to award compensation of Rs.1,00,000/- under
the head ‘loss of amenities’.
25. Having regard to the nature and extent of the
injuries sustained by the petitioner, this Court is of the opinion
that, it is just and reasonable to award compensation of
Rs.1,00,000/- under the head of “marriage prospects”. In all
compensation is awarded under the following heads:
Sl. Amount in
Heads
No. Rs.
1 Loss of future income 24,79,680/-
2 Pain and suffering 1,00,000/-
3 Discomfor, inconveince, loss of
earning to the parents during
hospitalization and conveyance
expenses’
75,000/-
4 Medical expenses 93,063/-
5 Loss of amenities 1,00,000/-
6 Marriage prospects 1,00,000/-
Total 29,47,743/-
26. Accordingly, the petitioner is entitled to receive
compensation of Rs.29,47,743/- as against Rs.6,50,739/- as
awarded by the Tribunal.
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 14-10-2026
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MFA No. 103459 of 2023
CNR: KAHC020120942023
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.29,47,743/- as
against Rs.6,50,739/- 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 422 days in filing the appeal, as
per the order dated 06.08.2026.
(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.
Digitally Signed by KADAMBADI
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(v) Draw modified award accordingly.
(vi) Registry to transmit the Trial Court
Records forthwith.
(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 14-10-2026
(K.G.SHANTHI)
JUDGE
SMM
List No.: 1 Sl No.: 36