VITTHAL vs BANDOPANTH

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MFA No. 202361 of 2026


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R




IN THE HIGH COURT OF KARNATAKA


KALABURAGI BENCH

TH
DATED THIS THE 6 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE BRUNGESH M

MISCL. FIRST APPEAL NO.202361 OF 2026 (MV-I)

BETWEEN:

VITTHAL S/O ASHOK JADHAV,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O KHARDI, KHARDI, SOLAPUR, MAHARASHTRA,
NOW RESIDING AT RAM NAGAR,
VIJAYAPURA-586104.
…APPELLANT

(BY SRI. KOUJALAGI CHANDRAKANTH LAXMAN, ADVOCATE)

AND:

1. BANDOPANTH
S/O SHIVAJI VHANMANE,
AGE: MAJOR, OCC: BUSINESS,
R/O A/PL KALU BALU WADI, JUNOHI,
TQ. SANGOLA, SANGOLA, SOLAPUR,
MAHARASHTRA-400133.

2. THE BRANCH MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
ST
1 FLOOR, HANAMASHETTI GURUKUL ROAD,
GACCHIAKATTI COLONY, VIJAYAPURA-586103.

…RESPONDENTS

(V/O DATED 17.08.2026 NOTICE TO R1 IS DISPENSED WITH;
SRI. SHARANABASAPPA M. PATIL, ADVOCATE FOR R2)











Digitally signed by
BASALINGAPPA S
D
Location: HIGH
COURT OF
KARNATAKA

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHCILE ACT, PRAYING TO EXERCISE ITS APPELLATE
JURISDICTION, CALL FOR THE ENTIRE TRIAL COURT RECORDS
AND MODIFY THE JUDGMENT AND AWARD DATED 27-05-2026
PASSED BY THE LEARNED II ADDL. SENIOR CIVIL JUDGE AND
MACT-VII, VIJAYAPURA IN MVC NO.41/2024 BY ENHANCING
THE COMPENSATION AMOUNT AND TO FASTEN LIABILITY ON
THE RESPONDENTS JOINTLY AND SEVERALLY, AS PRAYED FOR,
IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: HON'BLE MR. JUSTICE BRUNGESH M

ORAL JUDGMENT

This appeal is preferred by the appellant, namely,
Vitthal, calling in question the legality and correctness of
th
the judgment and award dated 27 May, 2026, passed in
MVC No.41 of 2024 by the II Additional Senior Civil Judge
and MACT-VII, Vijayapura (hereinafter referred to as “the
Tribunal”).


2. The present appellant, namely, Vitthal son of
Ashok Jadhav, was the petitioner, whereas respondent
Bandopanth son of Shivaji Vhanmane and New India

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Assurance Company were respondent Nos.1 and 2,
respectively, before the Tribunal.


3. For the sake of convenience, clarity, and to
avoid confusion, the parties are referred to as per their
ranks before the Tribunal.


4. The facts giving rise to this appeal, in brief, are
as follows.
(i) The petitioner-Vitthal filed MVC No.41 of 2024
before the Tribunal seeking compensation. According to
th
the petitioner, on 19 February, 2023, he was proceeding
on a motorcycle bearing registration No.MH-13/BL-2960
from Sangola towards Khardi village, along with his wife,
who was riding as a pillion rider. When they reached near
Jyotiba Temple at Khardi village, the car bearing
registration No.MH-49/AE-6799 (hereinafter referred to as
“the offending vehicle” for the sake of brevity), was being
driven by its driver in a rash and negligent manner and at

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high speed and dashed against the motorcycle from
behind.
(ii) It is the further case of the petitioner that, in
the said accident, he sustained injuries to his ribs and was
immediately shifted to Samarth Hospital, Pandharpur. The
petitioner also contended that he incurred medical
expenses of Rs.2,00,000/- towards his treatment.
(iii) The petitioner further contended that, prior to
the accident, he was aged about 34 years and was doing
agricultural work and earning Rs.25,000/- per month. It
was his further case that, due to the accidental injuries
sustained by him, he suffered functional disability, pain
and suffering and, therefore, sought compensation of
Rs.40,00,000/- together with interest at the rate of 18%
per annum.
(iv) After presentation of the petition, the same
was registered and notices were issued to the
respondents. Respondent No.1, Bandopanth, entered

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appearance and filed his written statement. Likewise,
respondent No.2-New India Assurance Company, entered
appearance and filed its written statement, thereby
resisting the claim petition.

5. After completion of the pleadings, the Tribunal
framed four issues for its consideration. Thereafter, the
Tribunal afforded reasonable opportunities to the parties to
adduce their respective evidence. The petitioner-Vitthal,
examined himself as P.W.1. He also examined Dr.S.V.
Havinal as P.W.2. The petitioner produced and got marked
13 documents as Exs.P1 to P13. Per contra, the
respondents did not adduce any oral evidence. However,
the Insurance Company produced a copy of the insurance
policy, which was marked as Ex.R1.

6. After closure of the evidence, the Tribunal heard
the learned advocates for the respective parties and
th
passed the impugned judgment and award dated 27 May,
2026. The Tribunal awarded compensation of

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Rs.2,87,692/- together with interest at the rate of 6% per
annum from the date of the petition till realization.

7. It is also relevant to note that the Tribunal
directed respondent No.2-Insurance Company to deposit
the compensation amount within three months from the
date of the award, failing which the award amount would
carry further penal interest at the rate of 3% per annum
from the date of the award till realization.

8. Aggrieved by the said judgment and award, the
petitioner-Vitthal has preferred the present appeal,
principally questioning the adequacy of the compensation
awarded by the Tribunal.

9. The learned counsel for the appellant-petitioner,
Sri Koujalagi Chandrakanth Laxman, would contend that
the judgment and award passed by the Tribunal calls for
interference by this Court, as the Tribunal has erroneously
awarded inadequate compensation.

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10. The learned counsel for the petitioner further
contended that the appellant sustained fracture of the
right medial malleolus and right lateral malleolus, fracture
of the fourth and fifth right metatarsal bones and other
injuries over his body. He further contended that the
petitioner had taken treatment and produced medical bills
to establish that he had incurred substantial medical
expenses.

11. It is also submitted that, having regard to the
aforesaid medical documents, the learned Tribunal ought
to have awarded higher compensation under the heads of
pain and suffering, medical expenses and attendant
charges. Therefore, it is contended that the judgment and
award passed by the Tribunal are liable to be modified by
enhancing the compensation.

12. The learned counsel for the petitioner-Vitthal
also contended that the doctor - P.W-2 has assessed the
disability suffered by the petitioner at 15%. The learned

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advocate for the petitioner would contend that, without
assigning any valid reasons or justification, the Tribunal
has assessed the whole-body disability of the petitioner at
only 5%. Therefore, according to the learned advocate,
the impugned judgment and award is liable to be modified
by reassessing the functional disability of the petitioner
and consequently enhancing the compensation. It is
further contended that the Tribunal ought to have awarded
an appropriate amount towards future prospects, but has
erroneously failed to do so. Hence, this Court is required
to award an appropriate amount towards future prospects.

13. It is also submitted by the learned advocate for
the petitioner that the Tribunal has awarded inadequate
compensation under the non-pecuniary heads, including
nutritious and special diet, loss of income during the laid-
up period, medical expenses and future medical expenses.
On these grounds, the learned advocate for the appellant-
petitioner prays for modification of the judgment and
award to the extent sought for in the appeal.

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14. Per contra, the learned advocate for respondent
No.2-Insurance Company sought to justify the judgment
and award passed by the Tribunal.

15. Heard the learned advocate for the petitioner
and the learned advocate for respondent No.2. The trial
Court record has been secured. This Court has given its
anxious consideration to the material available on record
and the rival contentions advanced at the Bar.

16. This Court has carefully perused the impugned
judgment. The record shows that the doctor examined as
PW-2 has assessed the disability of the petitioner-Vitthal
at 15% to the whole body. Further, the record shows that,
at paragraph Nos.22 and 23 of the impugned judgment,
particularly at page No.11, the learned Tribunal has placed
reliance on the judgment of this Court in MFA No.202275
of 2023 in the case of Jayashree v. Mahaningappa and
has ultimately held that only one-third of the limb
disability should be taken as the whole-body disability.

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Accordingly, the learned Tribunal has assessed the whole-
body disability of the petitioner at 5% and has further
concluded that the functional disability of the petitioner is
also 5%.

17. This conclusion of the learned Tribunal is
seriously assailed by the learned advocate for the
appellant-petitioner. The record shows that the petitioner
has sustained a fracture of the right medial malleolus,
fracture of the right lateral malleolus and fractures of the
fourth and fifth right metatarsal bones.

18. It is necessary to note that it is the consistent
practice among the members of the Bar and also before
the Tribunals to contend that only one-third of the limb
disability should be taken as the whole-body disability as
well as the functional disability. At first blush, such an
argument does appear attractive. However, in the
considered opinion of this Court, unless the Court
understands the meaning of a malleolus fracture, its

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nature and the residual consequences thereof on the daily
activities of a human being, it cannot arrive at a proper
conclusion or do complete justice between the parties.

19. Consequently, this Court must first understand
the meaning of the medical term "malleolus" and the
nature of the malleolus bone. “ Malleolus ” means the bony
prominence or bump on either side of the ankle. The word
is derived from Latin and means " little hammer ".

20. The malleolus is anatomically distinguished into
three parts. The first is the medial malleolus , which is
the bony prominence on the inner side of the ankle and
forms the lower end of the tibia or shin bone. The second
is the lateral malleolus , which is the bony prominence on
the outer side of the ankle and forms the lower end of the
fibula, which is the smaller bone of the leg. The lateral
malleolus projects further outward and extend lower than
the medial malleolus. The third is the posterior
malleolus, which forms the posterior edge of the tibia and

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is not readily visible, though it can be felt at the back of
the ankle. These three components together form a fork-
like structure which holds the bones of the foot stable and
provides stability to the ankle joint.

21. Further, the ill-effects and residual
consequences of a fracture of the malleolus are required to
be noticed.
Immediate Effects:

22. The immediate effects of a malleolus fracture
may include severe pain, swelling and bruising around the
ankle joint. The injured person may be unable to bear
weight on the affected limb and may be unable to walk.
The fracture may also result in deformity if the bone does
not unite in its proper alignment. In addition, blisters may
develop over the skin due to the swelling.

23. Another important ill-effect or residual
consequence of a malleolus fracture is as follows.

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24. If the fracture heals in an improper position,
which is commonly referred to as malunion, it may result
in instability of the ankle joint. In other words, the ankle
may give way while walking, resulting in recurrent sprains.
It may also cause uneven loading of the ankle joint and
may lead to early arthritis.

25. In other words, malunion of the malleolus may
disturb the normal alignment and functioning of the ankle
joint. The cartilage within the ankle joint may undergo
premature wear and degeneration, thereby reducing the
smooth movement of the joint and causing pain, stiffness
and weakness. To put it differently, a malleolus fracture
may result in early degeneration of the ankle joint and
may adversely affect the stability and functional strength
of the affected limb.

26. Further, other complications of a malleolus
fracture may include stiffness of the ankle joint. In other
words, the range of movement of the ankle may become

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restricted. As a consequence, the injured person may
experience difficulty in squatting and may be deprived of
performing activities which require deep flexion of the
ankle, including using an Indian-style toilet and
performing agricultural or farming activities.

27. Further, the superficial peroneal nerve in the
vicinity of the lateral malleolus may also be affected. If the
nerve is damaged or irritated, it may result in numbness
or altered sensation over the foot. Another possible
complication is irritation of the overlying skin, particularly
in cases where there is swelling, deformity or prominence
of the affected bone.

28. Therefore, having regard to the medical
meaning of malleolus fracture and the residual
consequences thereof, it cannot be said with mathematical
precision that only one-third of the limb disability should
invariably be taken as the whole-body disability or
functional disability. On the contrary, the functional

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disability has to be assessed having regard to the nature
of the injury, its consequences and the avocation of the
injured person.

29. In the present case, the petitioner Vitthal
submits that he was pursuing agriculture as his source of
livelihood. It is necessary to note that agricultural work
involves standing, sitting, walking and repeatedly
changing one's position while performing various
agricultural operations. While cutting crops and attending
to other allied agricultural activities, a person is required
to stand for considerable periods and frequently sit, squat
and move from one place to another. Therefore, a healthy
and stable ankle joint is of considerable importance for
effectively performing agricultural activities.

30. In the light of the avocation of the petitioner
and the nature of the activities which he was required to
perform, if the functional consequences of the injury are
considered, this Court is of the opinion that the functional

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disability of the petitioner Vitthal would be somewhat
higher than that assessed by the learned Tribunal.
Therefore, in the considered opinion of this Court, if the
functional disability of the petitioner is assessed at 8% to
the whole body, it would meet the ends of justice.

31. The material on record discloses that, the
petitioner claims that he was an agriculturist and his
earning was Rs.25,000/- p.m. However, in the absence of
proof of income, the Tribunal as per the Chart prepared by
the KSLSA has rightly taken the income of the petitioner at
Rs.15,250/-. As on the date of the accident, the petitioner
was aged about 34 years. Therefore, having regard to the
law laid down by the Hon’ble Apex Court in National
Insurance Company Limited v. Pranay Sethi , reported
in AIR 2017 SC 5157 , the Tribunal has rightly added
40% to the income of the petitioner to the assessed
income of the petitioner to the assessed income of the
petitioner.

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32. On adding 40% to the established monthly
income of Rs.15,250/-, the monthly income for the
purpose of computation of loss of future income works out
to Rs.21,350/-.

33. Having regard to the age of the petitioner, the
appropriate multiplier applicable is 16. Accordingly, the
compensation payable towards loss of future income would
be Rs.21,350/- × 12 × 16 x 8%, which works out to
Rs.3,27,936/-.

34. The learned advocate for the appellant-
petitioner, Shri Koujalagi Chandrakant Laxman, further
contended that the compensation awarded by the Tribunal
under the other non-pecuniary heads is also on the lower
side.

35. The record shows that the Tribunal has awarded
a sum of Rs.31,382/- towards medical expenses after
considering the medical records and other documents
produced by the petitioner. The petitioner has not

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produced any further material before this Court to
establish that he had incurred medical expenses in excess
of the amount awarded by the Tribunal. In that view of the
matter, this Court is of the opinion that the amount
awarded towards medical expenses does not call for any
enhancement.

36. The record further shows that the Tribunal has
awarded a sum of Rs.25,000/- towards pain and suffering
and loss of amenities.

37. As noticed hereinabove, the petitioner has
sustained fractures involving the malleolus of the ankle
joint. The medical material considered by this Court
indicates that such an injury may result in significant
functional difficulties and may affect the normal activities
of the injured person. Therefore, having regard to the
nature of the injuries sustained by the petitioner, he must
have undergone considerable pain and suffering and must
also have been deprived of several comforts and amenities

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of life. Accordingly, in the considered opinion of this Court,
if a sum of Rs.20,000/- is awarded towards pain and
suffering and another sum of Rs.20,000/- is awarded
towards loss of amenities, it would meet the ends of
justice.

38. The record shows that the Tribunal has awarded
a sum of Rs.21,350/- towards loss of income during the
laid-up period. It is also evident from the record that the
Tribunal has assessed the monthly income of the
petitioner at Rs.21,350/-. Thus, the Tribunal has
effectively awarded one month's income towards loss of
income during the laid-up period. Having regard to the
nature of the injuries sustained by the petitioner and the
period reasonably required for recovery, this Court is of
the opinion that if the said amount is enhanced to
Rs.30,000/-, it would meet the ends of justice.

39. Further, the Tribunal has awarded a sum of
Rs.5,000/- towards special diet, transportation and

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attendant charges. Having regard to the nature of the
injuries and the treatment undergone by the petitioner,
this Court is of the opinion that the said amount deserves
to be enhanced to Rs.20,000/-.

40. On re-assessment and re-determination, the
appellant-petitioner is entitled for compensation of
Rs.4,49,318/-. The split up of the same is as under:
Sl.
Compensation
NO.
Heads awarded by
the Tribunal
Compensation
awarded by
this Court

1. Loss of future
Rs.2,04,960/- Rs.3,27,936/-
income
2. Towards medical
Rs.31,382/- Rs.31,382/-
expenses
3. Towards pain,
suffering and loss of Rs.25,000/- Rs.40,000/-
amenities
4. Loss of income
during laid up Rs.21,350/- Rs.30,000/-
period
5. Towards special
diet, transportation
and attendant
charges
Rs.5,000/- Rs.20,000/-
Total Rs.2,87,692/- Rs.4,49,318/-
Enhanced
compensation
Rs.1,61,626/-

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41. Hence, the following:
ORDER
i. The appeal is allowed in part.
ii. The judgment and award passed by Tribunal in
MVC No.41/2024 is modified to the aforesaid
extent.
iii. The appellant/petitioner shall be entitled to
enhanced compensation of Rs.1,61,626/- with
interest at the rate of 6% per annum from the
date of claim petition till its realization.
iv. The respondent No.2 - Insurance Company is
directed to deposit the enhanced compensation
within six weeks from receipt of certified copy of
this judgment.
v. The enhanced compensation shall be released in
favour of the petitioner on due identification.
Sd/-

(BRUNGESH M)
JUDGE
BL/LIST NO.: 1 SL NO.: 15