MAHANTESH vs MANZOOR AHMED AND ORS
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:6318
MFA No. 200873 of 2021
C/W MFA No. 200772 of 2021
R
CNR: KAHC030235292020
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 5 DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE K V ARAVIND
MISCL. FIRST APPEAL NO. 200873 OF 2021 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 200772 OF 2021 (MV-I)
IN MFA No. 200873/2021
BETWEEN:
CHANDRAKANTH S/O RACHAPPA KADAGUD,
AGE ABOUT 31 YEARS,
OCC.NEKRTC DRIVER,
CUM-CONDUCTOR SHAHAPUR DEPOT.
SHAHAPUR, NOW NIL,
R/O SAGAR (B),
SHAHAPUR TALUKA DIST.YADGIR-585223
…APPELLANT
(BY SRI. SIDRAMREDDY VENKANNA PARADDY, ADVOCATE)
AND:
1. MANZOOR AHMED
S/O ABDUL RAHMAN,
AGE:58 YEARS, OCC:BUSINESS,
R/O TIPPANATGI VILLAGE,
TQ.SHORAPUR -585220,
DIST.YADGIR (OWNER OF OFFENDING LORRY
(H.G.V)
VEHICLE BEARING NO.AP-20-Y-0459)
Digitally signed
by B NAGAVENI
Location: HIGH
COURT OF
KARNATAKA
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MFA No. 200873 of 2021
C/W MFA No. 200772 of 2021
CNR: KAHC030235292020
2. THE BRANCH MANAGER,
BHARTI AXA GENERAL INSURANCE CO. LTD.,
ST
CENTRAL BUILDING 1 FLOOR, OPP.OLD POLICE
STATION, DHARAWAD ROAD,
VIDYANAGAR, HUBLI-580021
(INSURER OF OFFENDING LORRY (H.G.V)
VEHICLE BEARING NO.AP-20-Y-0459
3. ANNARAY S/O SHIVASHARANAPPA BELEBHAVI,
AGED ABOUT 38 YEARS, OCC:BUSINESS,
R/O BENNUR VILLAGE, TQ.JEWARGI,
DIST.KALABURAGI-585310
(OWNER OF OFFENDING LORRY (H.G.V) VEHILCE
BEARING NO.KL-11-L-4316)
4. SRI RAM GENERAL INSURANCE CO. LTD.,
THROUGH ITS BRANCH MANAGER,
ST
CTS NO.477/1M-1 1 FLOOR, V,A KALABURAGI
HALLMARK BUILDING, DESAI CROSS,
PINTO ROAD, HUBLI-580020
(INSURER OF OFFENDING LORRY (H.G.V) VEHICLE
BEARING NO.KL-11-L-4316)
…RESPONDENTS
(BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE FOR R2;
SRI SUBHASH MALLAPUR, ADVOCATE FOR R4;
V/O DTD.04.06.2026 NOTICE TO R1 & R3
IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO, A) CALL FOR THE RECORDS IN MVC NO. 02/2017
PASSED BY THE SENIOR CIVIL JUDGE AND ADDL. MACT-4 AT
SHAHAPUR. B) WHEREFORE IT IS HEREBY PRAYED THAT, THIS
HON’BLE COURT BE PLEASED TO ALLOW THE ABOVE MISC.
FIRST APPEAL AND AWARD COMPENSATION OF RS.
14,00,000/- ALONG WITH INTEREST AT 12% PER ANNUM BY
MODIFYING THE JUDGMENT AND AWARD DATED 25.06.2020
PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AND ADDL.
MACT-4 AT SHAHAPUR, IN MVC NO. 02/2017. AND ETC.
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HC-KAR
NC: 2026:KHC-K:6318
MFA No. 200873 of 2021
C/W MFA No. 200772 of 2021
CNR: KAHC030235292020
IN MFA NO. 200772/2021
BETWEEN:
MAHANTESH
S/O BASAPPA KONDAGULI @ PUJARI,
AGE ABOUT 30 YEARS,
OCC:NEKRTC DRIVER SHAHAPUR DEPOT,
SHAHAPUR, NOW NIL,
R/O VILLAGE IVOOR / YEWUR,
SHAHAPUR TALUKA,
DIST.YADGIR-585224.
...APPELLANT
(BY SRI. SIDRAMREDDY VENKANNA PARADDY, ADVOCATE)
AND:
1. MANZOOR AHMED
S/O ABDUL RAHMAN,
AGE:58 YEARS,
OCC:BUSINESS,
R/O TIPPANATGI VILLAGE,
TQ.SHORAPUR-585220,
DIST.YADGIR.
(OWNER OF OFFENDING LORRY
(H.G.V) VEHICLE BEARING NO.AP-20-Y-04589).
2. THE BRANCH MANAGER,
BHARTI AXA GENERAL INSURANCE CO. LTD.,
ST
CENTRAL BUILDING 1 FLOOR, OPP.OLD POLICE
STATION, DHARAWAD ROAD, VIDYANAGAR,
HUBLLI-580021
(INSURER OF OFFENDING LORRY H.G.V)
VEHICLE BEARING NO.AP-20-Y-0459.
3. ANNARAY
S/O SHIVASHARANAPPA BELEBHAVI,
AGED ABOUT 38 YEARS, OCC:BUSINESS,
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MFA No. 200873 of 2021
C/W MFA No. 200772 of 2021
CNR: KAHC030235292020
R/O BENNUR VILLAGE, TQ.JEWARGI,
DIST.KALABURAGI-585310,
(OWNER OF OFFENDING LORRY (H.G.V) VEHICLE
BEARING NO.KL-11-L-4316).
4. SRI RAM GENERAL INSURANCE CO. LTD.
THROUGH ITS BRANCH MANAGER,
CTS NO.477/1M-1,
1ST FLOOR, V.A KALABURAGI
HALLMARK BUILDING,
DESAI CROSS,
PINTO ROAD, HUBLLI-580020
(INSURER OF OFFENDING LORRY (H.G.V)
VEHICLE BEARING NO.KL-11-L-4316)
...RESPONDENTS
(BY SRI MANJUNATH MALLAYYA SHETTY,
ADVOCATE FOR R2;
SRI SUBHASH MALLAPUR, ADVOCATE FOR R4;
V/O DTD.25.08.2022 NOTICE TO R1 AND R3 IS
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT, PRAYING TO a) CALL FOR THE RESOCRD IN MVC
NO.01/2017 PASSED BY THE SENIOR CIVIL JUDGE AND
JMFC ADDL. MACT-4 AT SHAHAPUR. b) ALLOW THE ABOVE
MISC. FIRST APPEAL AND AWARD COMPENSATION OF
RS.14,39,000/- ALONG WITH INTEREST AT 12% P.A BY
MODIFYING THE JUDGMENT AND AWARD DATED
25.06.2020 PASSED BY THE SENIOR CIVIL JUDGE AND
JMFC AND ADDL. MACT-4 AT SHAHAPUR, IN MVC
NO.01/2017. AND ETC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K V ARAVIND
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MFA No. 200873 of 2021
C/W MFA No. 200772 of 2021
CNR: KAHC030235292020
ORAL JUDGMENT
Heard Sri. Sidramreddy Venkanna Paraddy, learned
counsel appearing for the appellants-claimants, Sri. Manjunath
Mallayya Shetty and Sri. Subhash Mallapur, learned counsel
appearing for respondent Nos. 2 and 4-insurers.
2. These appeals arise out of the judgment and award dated
25.06.2020 passed in MVC Nos.1/2017 and 2/2017 by the
Senior Civil Judge and JMFC & Addl. MACT-4, Shahapur (for
short, "the Tribunal").
2.1 These appeals are filed by the claimants seeking
enhancement of compensation. The parties are referred to as
per their ranks before the Tribunal.
3. The claimant in both cases filed petitions seeking
compensation for the accidental injuries suffered on
16.04.2016, involving NEKRTC bus bearing registration No. KA-
33/F-0112 and lorry bearing registration No. AP-2Y-0459. The
insurer filed objections denying the petition averments. In MVC
No. 01/2017 and MVC No. 02/2017, PW-2, the doctor, was
examined to prove the disability.
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MFA No. 200873 of 2021
C/W MFA No. 200772 of 2021
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3.1 The Tribunal, considering that there was no reduction in
income, as the claimants in both cases were employed under
the Transport Corporation and continued to draw the same
salary, has not awarded any compensation under the head of
loss of future income.
3.2 The Tribunal, in total, awarded compensation of Rs.
2,06,000/- with 6% interest in MVC No. 02/2017 and Rs.
1,61,000/- with 6% interest in MVC No. 01/2017.
4. Sri. Sanganagouda Biradar, learned counsel appearing for
the claimants, submits that, due to the accidental injuries, the
claimants have been assigned the post of Attender, whereas,
prior to the accident, they were driver, driver-cum-conductor
respectively. It is submitted that, by virtue of the injuries and
disability, the claimants have been disqualified from working as
drivers, and all the benefits that would have accrued had they
continued as drivers have been deprived.
4.1 It is submitted that the Tribunal committed an error in
not awarding compensation under the head of loss of future
income. It is submitted that the claimant in MVC No. 02/2017
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was an inpatient for a period of 15 days and incurred incidental
expenses. Similarly, the claimant in MVC No. 01/2017 was an
inpatient for a period of 9 days and incurred incidental
expenses.
Per contra
5. , learned counsel appearing for the insurer
submits that, to award compensation under the head of loss of
future income, there should be a loss of income. In the present
case, the claimants have continued to draw the same salary. As
there is no loss of income, the Tribunal is justified in not
awarding compensation under the head of loss of future
income.
5.1 It is submitted that whether the claimants in both cases
have been deprived of any better prospects or contingencies
cannot be considered. However, learned counsel submits that,
as per the record, the claimants have been removed from the
post of driver-cum-conductor and driver and are assigned
attendant duties, with the very same pay protection. Learned
counsel further submits that the compensation awarded under
various heads is just and reasonable and no interference is
required.
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6. Considered the submissions made by the learned counsel
for the parties.
7. The issue that arises for consideration is:
“Whether the Tribunal is justified in not
awarding compensation under the head of loss of
future income, as the claimants’ pay is protected,
though they have been assigned different duties?”
8. It is an undisputed fact that, as on the date of the
accident, the claimants were working as driver-cum-conductor
and driver respectively in a Transport Corporation. The
claimants undoubtedly possessed driving skills and would be
entitled to increments or any better prospects as skilled drivers.
In view of the injuries and disqualification as drivers, a
sympathetic decision would have been made by the Transport
Corporation by assigning different duties, in the present case,
as Attenders. The post of Attender and driver cannot be
considered equal posts. Though pay protection is given, there is
a reduction in category, which is lower than the post of driver.
If the claimants had continued as driver-cum-conductor and
driver respectively, it would have been attached with certain
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perquisites, which the claimants would be deprived of.
Hypothetically, the claimants had an option to resign or retire
voluntarily or on superannuation and continue to work as
skilled drivers. These prospects are no longer available in view
of the disqualification suffered due to the accidental injuries.
The Tribunal, while considering this issue, committed an error
in placing much reliance on the pay protection without
examining the opportunities that are deprived to the claimants.
9. PW-2 in MVC No. 02/2017 has assessed the disability at
25%, and PW-2 in MVC No. 01/2017 has assessed the disability
at 20%. Usually, 1/3rd of the permanent disability is
considered for the purpose of compensation. However, in
exceptional cases, the functional disability can be assessed. In
the present case, the undisputed fact of change in work from
driver to Attender itself is evidence of the functional disability.
This Court, in the facts of the present case, is of the opinion
that 15% is to be considered as functional disability for the
purpose of compensation in both cases.
9.1 The Tribunal has not assessed the monthly income in
both the cases. There is no evidence on record to consider the
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loss of future income. In the light of the observations made
hereinabove, due to the accidental injuries, the claimants have
suffered loss of future income, and the disability for such
purpose is taken at 15%. The assessment of income is to be
undertaken by the Tribunal based on the evidence to be
adduced by the parties. For the limited purpose of determining
the loss of future income, the matter requires reconsideration.
10. The claimant in MVC No. 02/2017 was an inpatient for a
period of 15 days and had undergone surgery with implants.
The claimant in MVC No. 01/2017 was an inpatient for a period
of 09 days and had undergone surgery with implants.
Undoubtedly, the claimants would have suffered pain and
incurred expenses towards attendant, conveyance and medical
expenses.
11. Though the Tribunal has awarded compensation under
various heads, this Court is inclined to interfere and enhance
the compensation under a few heads:
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MFA No. 200873 of 2021
C/W MFA No. 200772 of 2021
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IN MVC No.02/2017 :
Sl.
Heads of Awarded by Enhanced by
compensation the Tribunal this Court
No.
01 Loss of future ---- ---
income
02 Medical expenses 1,13,000/- 1,13,000/-
03 Future medical 20,000/- 20,000/-
expenses
04 Pain and suffering 30,000/- 30,000/-
05 Loss of amenities 20,000/- 20,000/-
06 Attendant charges 4,000/- 15,000/-
07 Towards 15,000/- 15,000/-
conveyance
08 Food and 4,000/- 10,000/-
nourishment
Total 2,06,000/- 2,23,000/-
Enhanced Compensation
17,000/-
IN MVC No.01/2017 :
Sl.
Heads of Awarded by Enhanced by
compensation the Tribunal this Court
No.
01 Loss of future --- ---
income
02 Medical expenses 48,000/- 48,000/-
03 Future medical 15,000/- 15,000/-
expenses
04 Pain and suffering 60,000/- 60,000/-
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05 Loss of amenities 20,000/- 20,000/-
06 Attendant charges 4,000/- 15,000/-
07 Towards 10,000/- 10,000/-
conveyance
08 Food and 4,000/- 10,000/-
nourishment
Total 1,61,000/- 1,78,000/-
Enhanced Compensation
17,000/-
12. Accordingly, the following:
ORDER
I. Both the appeals are allowed-in-part .
II. The judgment and award dated 25.06.2020 passed in
MVC Nos. 02/2017 and 01/2017 by the Senior Civil Judge
and JMFC & Addl. MACT-4, Shahapur, stand modified .
III. The claimant in MVC No. 1/2017 is entitled to a total
compensation of Rs.1,78,000/-.
IV. The claimant in MVC No. 2/2017 is entitled to a total
compensation of Rs.2,23,000/-.
V. The matter is remitted back to the Tribunal in both the
cases for undertaking the limited exercise as stated
above.
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VI. As both parties are before this Court, to avoid delay and
service of fresh notice, they shall appear before the
Tribunal without awaiting further notice on 29th
September 2026.
VII. Considering that the accident occurred in the year 2016,
the Tribunal shall complete the remand proceedings
within a period of three months from the date of
appearance.
VIII. The other conditions imposed by the Tribunal are
maintained.
IX. Draw the modified award accordingly.
X. No order as to costs.
Sd/-
(K V ARAVIND)
JUDGE
MSR
List No.: 1 Sl No.: 2
CT:PK