Full Judgment Text
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NC: 2026:KHC:15193
MFA No. 5988 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO.5988 OF 2024(MV-I)
BETWEEN:
R. OBAIAH @ OBANA
S/O. SANNA OBAIAH
AGE 52 YEARS
OCC: COOLIE/ HAMALI WORK
R/O. KHILA KANAKUPPE VILLAGE
JAGALUR TALUK
DAVANAGERE DISTRICT-577 528
…APPELLANT
(BY SRI R. SHASHIDHARA, ADVOCATE)
AND:
1. BASAVARAJA R.
S/O. RUDRESH
AGE 26 YEARS
DRIVER OF THE MOTOR
CYCLE BEARING NO.KA-17/EQ-7716
R/O. BASAVAPURA VILLAGE
JAGALUR TALUK
DAVANAGERE DISTRICT-577 528
2. ASHOKA R.
S/O. VEERESHA
AGE 38 YEARS
OWNER OF THE MOTOR
CYCLE BEARING NO KA-17/EQ-7716
R/O. DEVIKERE VILLAGE
JAGALUR TALUK
DAVANAGERE DISTRICT-577 528
Digitally signed
by
PADMASHREE
SHEKHAR DESAI
Location: High
Court of
Karnataka
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NC: 2026:KHC:15193
MFA No. 5988 of 2024
HC-KAR
3. THE LEGAL MANAGER
THE IFFCO TOKIO GENERAL
INSURANCE COMPANY LTD.
RD
BRANCH OFFICE: 3 MAIN
P. J. EXTENSION
DAVANAGERE-577 002
…RESPONDENTS
(BY SRI D. VIJAYA KUMAR, ADVOCATE FOR R-3;
VIDE ORDER DATED 29/08/2025, NOTICE TO R-1 AND R-2
ARE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED 08.02.2024
PASSED IN MVC NO.23/2022 ON THE FILE OF THE
I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANGERE,
SITTING AT JAGALUR, ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal is filed by the appellant/claimant under
Section 173(1) of Motor Vehicles Act, 1988 challenging the
judgment and award dated 08.02.2024 passed in MVC
No.23/2022 on the file of I Additional Senior Civil Judge
and JMFC, Davangere, Sitting at Jagalur, for enhancing the
compensation.
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NC: 2026:KHC:15193
MFA No. 5988 of 2024
HC-KAR
2. Heard the arguments of the learned counsel for
the appellant and learned counsel for respondent No.3.
The ranks of the parties are retained as per tribunal for
the sake of convenience.
3. Injured claimant met with an accident on
02.06.2020 and filed claim petition claiming compensation
of Rs.9,70,000/-. The Tribunal considering the entire
evidence on record granted global compensation of
Rs.60,000/- with interest and the rate of 6% from date of
petition till realization.
4. Aggrieved by the said order, claimant preferred
an appeal and mainly contended that the Tribunal granted
inadequate compensation and amount is granted under
the other heads. He examined the doctor as PW2 and
doctor assessed the disability as 28%. But the Tribunal
has not considered the disability, therefore requested for
enhancement of the compensation. Though it is stated
that the petitioner was working as a Coolie/Hamali and
earning Rs.20,000/- per month and he has not filed any
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NC: 2026:KHC:15193
MFA No. 5988 of 2024
HC-KAR
income proof. He met with an accident in the year 2020,
therefore income is to be taken as Rs.14,500/- per month
as per the chart prepared by Karnataka State Legal
Services Authority. It was observed by the Tribunal that as
he was aged 53 years and the multiplier to be taken is
‘11’. The petitioner examined doctor as PW2 and he
stated that he was treated conservatively with plaster of
parties cast application for fracture of right fibular neck
and splint for fracture of proximal pohalanx of right great
toe. As per the X-ray, doctor assessed the disability of the
right lower limb as 28%. But the Tribunal observed that
petitioner has not produced any important documents, like
inpatient or surgery report, medical bills and he produced
wound certificate as per Ex.P8 and the disability certificate
under Ex.P13. Therefore, the evidence of the doctor is not
considered. Admittedly, petitioner sustained fracture
injuries which are grievous in nature, even as per wound
certificate. The doctor was examined before the court and
he himself assessed the disability as 28% to the right
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NC: 2026:KHC:15193
MFA No. 5988 of 2024
HC-KAR
lower limb. Therefore, this court finds it reasonable to take
rd
the disability as 1/3 of 28% i.e., 9%. So loss of future
earning capacity comes to Rs.14,500 x 12 x 11 x 9% =
Rs.1,72,260 /-. Considering the nature of injuries and
also the fact that it was united, this court finds it
reasonable to grant an amount of Rs.15,000/- for pain
and suffering, Rs.15,000 /- for loss of amenities and
Rs.15,000 /- for transportation and extra nourishment.
The petitioner might not have attended any other work at
least for a period of 2 months. Therefore, 14,500 x 2 =
Rs.29,000/- is considered as loss of income during laid
up period.
5. Thus in all, components awarded by this court are
as below,
NC: 2026:KHC:15193
MFA No. 5988 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO.5988 OF 2024(MV-I)
BETWEEN:
R. OBAIAH @ OBANA
S/O. SANNA OBAIAH
AGE 52 YEARS
OCC: COOLIE/ HAMALI WORK
R/O. KHILA KANAKUPPE VILLAGE
JAGALUR TALUK
DAVANAGERE DISTRICT-577 528
…APPELLANT
(BY SRI R. SHASHIDHARA, ADVOCATE)
AND:
1. BASAVARAJA R.
S/O. RUDRESH
AGE 26 YEARS
DRIVER OF THE MOTOR
CYCLE BEARING NO.KA-17/EQ-7716
R/O. BASAVAPURA VILLAGE
JAGALUR TALUK
DAVANAGERE DISTRICT-577 528
2. ASHOKA R.
S/O. VEERESHA
AGE 38 YEARS
OWNER OF THE MOTOR
CYCLE BEARING NO KA-17/EQ-7716
R/O. DEVIKERE VILLAGE
JAGALUR TALUK
DAVANAGERE DISTRICT-577 528
Digitally signed
by
PADMASHREE
SHEKHAR DESAI
Location: High
Court of
Karnataka
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NC: 2026:KHC:15193
MFA No. 5988 of 2024
HC-KAR
3. THE LEGAL MANAGER
THE IFFCO TOKIO GENERAL
INSURANCE COMPANY LTD.
RD
BRANCH OFFICE: 3 MAIN
P. J. EXTENSION
DAVANAGERE-577 002
…RESPONDENTS
(BY SRI D. VIJAYA KUMAR, ADVOCATE FOR R-3;
VIDE ORDER DATED 29/08/2025, NOTICE TO R-1 AND R-2
ARE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED 08.02.2024
PASSED IN MVC NO.23/2022 ON THE FILE OF THE
I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANGERE,
SITTING AT JAGALUR, ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal is filed by the appellant/claimant under
Section 173(1) of Motor Vehicles Act, 1988 challenging the
judgment and award dated 08.02.2024 passed in MVC
No.23/2022 on the file of I Additional Senior Civil Judge
and JMFC, Davangere, Sitting at Jagalur, for enhancing the
compensation.
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NC: 2026:KHC:15193
MFA No. 5988 of 2024
HC-KAR
2. Heard the arguments of the learned counsel for
the appellant and learned counsel for respondent No.3.
The ranks of the parties are retained as per tribunal for
the sake of convenience.
3. Injured claimant met with an accident on
02.06.2020 and filed claim petition claiming compensation
of Rs.9,70,000/-. The Tribunal considering the entire
evidence on record granted global compensation of
Rs.60,000/- with interest and the rate of 6% from date of
petition till realization.
4. Aggrieved by the said order, claimant preferred
an appeal and mainly contended that the Tribunal granted
inadequate compensation and amount is granted under
the other heads. He examined the doctor as PW2 and
doctor assessed the disability as 28%. But the Tribunal
has not considered the disability, therefore requested for
enhancement of the compensation. Though it is stated
that the petitioner was working as a Coolie/Hamali and
earning Rs.20,000/- per month and he has not filed any
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NC: 2026:KHC:15193
MFA No. 5988 of 2024
HC-KAR
income proof. He met with an accident in the year 2020,
therefore income is to be taken as Rs.14,500/- per month
as per the chart prepared by Karnataka State Legal
Services Authority. It was observed by the Tribunal that as
he was aged 53 years and the multiplier to be taken is
‘11’. The petitioner examined doctor as PW2 and he
stated that he was treated conservatively with plaster of
parties cast application for fracture of right fibular neck
and splint for fracture of proximal pohalanx of right great
toe. As per the X-ray, doctor assessed the disability of the
right lower limb as 28%. But the Tribunal observed that
petitioner has not produced any important documents, like
inpatient or surgery report, medical bills and he produced
wound certificate as per Ex.P8 and the disability certificate
under Ex.P13. Therefore, the evidence of the doctor is not
considered. Admittedly, petitioner sustained fracture
injuries which are grievous in nature, even as per wound
certificate. The doctor was examined before the court and
he himself assessed the disability as 28% to the right
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NC: 2026:KHC:15193
MFA No. 5988 of 2024
HC-KAR
lower limb. Therefore, this court finds it reasonable to take
rd
the disability as 1/3 of 28% i.e., 9%. So loss of future
earning capacity comes to Rs.14,500 x 12 x 11 x 9% =
Rs.1,72,260 /-. Considering the nature of injuries and
also the fact that it was united, this court finds it
reasonable to grant an amount of Rs.15,000/- for pain
and suffering, Rs.15,000 /- for loss of amenities and
Rs.15,000 /- for transportation and extra nourishment.
The petitioner might not have attended any other work at
least for a period of 2 months. Therefore, 14,500 x 2 =
Rs.29,000/- is considered as loss of income during laid
up period.
5. Thus in all, components awarded by this court are
as below,
| Sl.Nos. | Particulars | Amount<br>in Rs. |
|---|---|---|
| 1 | Towards loss of future<br>earning capacity | 1,72,260 |
| 2 | Towards pain and suffering | 15,000 |
| 3 | Towards loss of amenities | 15,000 |
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MFA No. 5988 of 2024
HC-KAR
| 4 | Towards for transportation<br>and extra nourishment | 15,000 |
|---|---|---|
| 5 | Towards loss of income<br>during laid up period. | 29,000 |
| Total | 2,46,260 |
Hence, the compensation granted by tribunal is
enhanced from Rs.60,000/- to Rs.2,46,260 /- along with
interest at the rate of 6% p.a.
6. In the result, the following order is passed:
ORDER
allowed
i. Appeal is in part.
ii. The judgment and award dated
08.02.2024 passed in MVC No.23/2022 on
the file of the I Additional Senior Civil
Judge and JMFC, Davangere, Sitting at
Jagalur, is modified.
iii. The claimants is entitled to a sum of
Rs. 2,46,260/- along with interest at 6%
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MFA No. 5988 of 2024
HC-KAR
p.a., from the date of petition till the date
of realization, instead of Rs.60,000/-
granted by the tribunal.
iv. Respondent/Insurance Company has
already deposited the award amount before
the tribunal. Therefore, respondent
No.1/Insurance Company is directed to
deposit the enhanced compensation of
Rs.1,86,260/- along with the interest at
the rate of 6% within one month from the
date of this order.
v. On such deposit, claimant is permitted to
withdraw the entire amount along with
interest accrued on the same.
Sd/-
(P SREE SUDHA)
JUDGE
AKV
List No.: 1 Sl No.: 74