SRI PRAKASH vs THE MANAGER
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:61570
MFA No. 5915 of 2025
C/W MFA No. 5510 of 2025
CNR: KAHC010523482025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 5915 OF 2025
(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 5510 OF 2025
(MV-I)
IN MFA No. 5915/2025
BETWEEN:
KHILARI INFRASTRUCRTURE PVT. LTD.,
TH
M3, 5 CROSS,
PEENYA INDUSTRIAL AREA
ST
PEENYA 1 STAGE
BANGALORE – 560 058.
REP. BY ITS CHIEF EXECUTIVE OFFICER.
…APPELLANT
(BY SMT. SUSHMITHA G, ADVOCATE)
AND:
1. SRI PRAKASH
S/O NAGARAJAIAH
RESIDING AT No.119,
NOW AGED ABOUT 51 YEARS,
JALA HOBLI, THIMMASANDRA
TARAHUNASE
BANGALORE – 562 157.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:61570
MFA No. 5915 of 2025
C/W MFA No. 5510 of 2025
CNR: KAHC010523482025
2. FUTURE GENERAL INSURANCE CO. LTD.,
MVC HUB, No.31,
RD TH
3 & 4 FLOOR,
SHRAVANEE KRISHNA MANSION
ND
100 FT. ROAD, 2 BLOCK, JAYANAGAR
BANGALORE – 560 011.
REP: BY ITS MANAGER.
…RESPONDENTS
(BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE FOR R1
SRI RAVI S SAMPRATHI, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:28.02.2025
PASSED IN MVC No.1435/2023 ON THE FILE OF THE VII
ADDITIONAL SMALL CAUSE JUDGE AND ACJM, MEMBER, MACT-
3, BENGALURU, AWARDING COMPENSATION OF
Rs.37,72,511/- WITH INTEREST AT 6 PERCENT P.A. FROM THE
DATE OF PETITION TILL REALIZATION.
IN MFA No. 5510/2025
BETWEEN:
SRI PRAKASH
S/O NAGARAJAIAH
AGED ABOUT 52 YEARS
R/AT No.119, JALA HOBLI,
THIMMASANDRA, TARAHUNASE,
BENGALURU -562 157.
...APPELLANT
(BY SRI NAIK KRISHNA VENKATRAMAN, ADVOCATE)
AND:
1. THE MANAGER
FUTURE GENERAL INSURANCE CO., LTD.,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:61570
MFA No. 5915 of 2025
C/W MFA No. 5510 of 2025
CNR: KAHC010523482025
MVC HUB, No.31
RD TH
3 & 4 FLOOR,
SHRAVANEE KRISHNA MANSION
ND
100 FT. ROAD, 2 BLOCK, JAYANAGAR
BANGALORE – 560 011.
(POLICY ISSUED BY ITS OFFICER IN
POLICY No. VA329511
DATE OF VALIDITY FROM 19/06/2022 TO 18/06/2023)
2. KHILARI INFRASTRUCTURE PVT. LTD.,
TH
M3, 5 CROSS,
PEENYA INDUSTRIAL AREA
ST
PEENYA 1 STAGE
BENGALURU- 560 058.
...RESPONDENTS
(BY SRI. RAVI SHANKAR S SAMPRATHI, ADVOCATE FOR R1
SMT. SUSHMITHA G, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:28.02.2025
PASSED IN MVC No.1435/2023 ON THE FILE OF THE VII
ADDITIONAL SCJ AND ACJM, MEMBER, MACT-3, BENGALURU,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
MFA No.5915/2025 is filed by the owner of the
insured vehicle challenging the liability and quantum of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:61570
MFA No. 5915 of 2025
C/W MFA No. 5510 of 2025
CNR: KAHC010523482025
compensation and MFA No.5510/2025 is filed by the
claimant seeking enhancement of the compensation
awarded in the judgment and award dated 28.02.2025
passed in MVC No.1435 of 2023 by VII Additional Judge,
Court of Small Causes and MACT, Bengaluru (SCCH-_).
2. Even though MFA No.5510/2025 is listed today
for ‘admission’, it is taken up for disposal with the consent
of learned counsels appearing for the parties.
3. The claimant made a claim petition praying to
award compensation for the injuries sustained by him in a
road and traffic accident occurred on 29.12.2022
contending that the accident occurred due to the rash and
negligent driving of the driver of a crane bearing
registration No.KA-51/ML-9176. The Tribunal after
recording evidence, appreciating the evidence on record
has assessed the compensation and awarded
compensation under various heads as under:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:61570
MFA No. 5915 of 2025
C/W MFA No. 5510 of 2025
CNR: KAHC010523482025
Sl. Head of Compensation Amount in Rs.
No.
1. Loss of future income 9,67,200-00
2. Pain and Sufferings 1,00,000-00
3. Attendant charges, extra nutritious 1,00,000-00
food and conveyance charges
4. Medical Expenses 19,12,311-00
5. Loss of future amenities and 1,00,000-00
unhappiness
6. Loss of income during laid up 93,000-00
period
7. Cost of artificial limb and its 5,00,000-00
maintenance
Total 37,72,511-00
4. The Tribunal has also awarded interest at the
rate of 6% per annum from the date of petition till
realization. The Tribunal held that the driver of the crane
was not holding driving license and fastened the liability
on the appellant -owner of the crane. The appellant -
owner of the crane challenged the liability and also
quantum of compensation awarded. The claimant has also
filed appeal seeking enhancement of the compensation
awarded by the Tribunal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:61570
MFA No. 5915 of 2025
C/W MFA No. 5510 of 2025
CNR: KAHC010523482025
5. Heard learned counsel for the appellant -
owner, learned counsel for the claimant and learned
counsel for respondent No.2 -insurer.
6. Learned counsel for the appellant -owner would
contend that the Tribunal has held that the owner of the
crane was not having driving license and it is based only
on the charge sheet. The compensation awarded by the
Tribunal towards pain and suffering, loss of amenities, loss
of income during laid up period and towards cost of
artificial and its maintenance are on the higher side. The
claimant has been admitted in hospital for 34 days and
considering the same, attendant and conveyance charges
awarded is also on higher side. With this she prayed to
allow the appeal filed by the owner.
7. Learned counsel for the claimant would contend
that charge sheet filed against the driver of the crane
clearly indicates that he was not holding driving license
and charged for offence punishable under Section 181 r/w
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:61570
MFA No. 5915 of 2025
C/W MFA No. 5510 of 2025
CNR: KAHC010523482025
Section 03 of the Motor Vehicles Act. The Investigating
Officer has also been examined as R.W-2. The owner has
not produced any driving license of the driver of the crane
in order to dispute the contents of the charge sheet. He
further submits that there is amputation of right leg above
knee. Considering the same, the disability is to be taken at
100% as against 40% as taken by the Tribunal since the
occupation of the claimant is agriculture and milk vending.
He placing reliance on the decision of the Division Bench of
this Court in the case of Showkath Ali Khan Vs the
Managing Director rendered in MFA No.3905/2025 would
contend that the cost of artificial limb is to be awarded in a
sum of Rs.10,00,000/-. He places reliance on the decision
of Hon’ble Apex Court in the case of M Paramesh Vs
1
VRL Logistics Limited and another and decision of
Division Bench in the case of Doddaiah Vs ICICI
Lombard Motor Insurance Co.Ltd rendered in MFA
No.291/2025 would contend that the disability is to be
1
In 2026 INSC 655
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:61570
MFA No. 5915 of 2025
C/W MFA No. 5510 of 2025
CNR: KAHC010523482025
taken at 100%. He further submits that as the disability is
more than 20%, future prospects are to be added at 10%.
With these, he prayed to allow the appeal filed by the
claimant.
8. Learned counsel for respondent No.2 -Insurer
would contend that the accident occurred post amendment
to the Motor Vehicles Act and therefore, no order can be
passed for pay and recovery. The evidence of
Investigating Officer and charge sheet clearly indicates
that the driver of the crane was not holding driving
license. R.W.3 –power of attorney of the owner of the
vehicle has not produced any driving license to dispute the
contents of charge sheet. Considering the same, the
Tribunal has rightly fastened the liability on the appellant -
owner of the crane. With these, he prays to dismiss the
appeal filed by the owner.
9. Having heard learned counsels, the Court has
perused the Judgment, Award and Trial Court records.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 9 -
HC-KAR
NC: 2026:KHC:61570
MFA No. 5915 of 2025
C/W MFA No. 5510 of 2025
CNR: KAHC010523482025
10. The accident occurred on 29.12.2022 and as on
the date of accident the claimant was aged 50 years.
Considering the said year of the accident, the Tribunal has
rightly taken notional income at Rs.15,500/- per month
and rightly applied multiplier ‘13’. The claimant has
sustained amputation of right leg above knee and
considering the same, the compensation awarded by the
Tribunal towards pain and suffering in a sum of
Rs.1,00,000/- and loss of amenities in a sum of
Rs.1,00,000/- is just and proper.
11. The claimant was admitted in the hospital for
34 days and therefore, he is entitled to a sum of
Rs.34,000/- (Rs.1,000/- x 34 days) towards attendant,
conveyance charges, food and nourishment etc., as
against Rs.1,00,000/- as awarded by the Tribunal. The
Tribunal has rightly awarded medical expenses of
Rs.19,12,311/- based on the documents produced. In view
of the amputation of the right leg above knee, the Tribunal
has awarded loss of income during laid up period for 06
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 10 -
HC-KAR
NC: 2026:KHC:61570
MFA No. 5915 of 2025
C/W MFA No. 5510 of 2025
CNR: KAHC010523482025
months in a sum of Rs.93,000/- (Rs.15,500/- x 06
months) is just and proper.
12. P.W.3 -doctor who has examined the claimant
assessed his disability has stated that the claimant has
sustained 85% disability to the right lower limb and 42.5%
to the whole body. The Tribunal has taken disability at
40%. The occupation of the claimant is agriculture and
milk vending. The Hon'ble Apex Court in the case of M
Pramesh (supra) has taken functional disability at 100%
for amputation of leg as claimant was Meson. Co-ordinate
Bench of this Court in Doddaiah (supra) has taken the
functional disability at 100% for amputation of leg wherein
the claimant was coolie. In the case on hand, the
occupation of the claimant is agriculture and milk vending.
Considering the said occupation, the claimant can continue
his occupation of milk vendor by using artificial limb, and
therefore, functional disability is to be taken at 80%. Since
the disability taken is above 20%, future prospects are to
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 11 -
HC-KAR
NC: 2026:KHC:61570
MFA No. 5915 of 2025
C/W MFA No. 5510 of 2025
CNR: KAHC010523482025
be added at 10%. In view of the above, the loss of future
income due to disability is calculated as under:
Rs.15,500/- x12 x 13 x 80% + 10% =
Rs.21,27,840/-
13. The Tribunal has awarded a sum of
Rs.5,00,000/- towards artificial limb and its maintenance.
The claimant is aged 50 years, he requires at least 04
artificial limbs taking into consideration lifespan as 70
years. Considering the cost of the artificial limb at
Rs.2,00,000/- and its maintenance, is entitled to a sum of
Rs.8,00,000/- towards artificial limb and its maintenance.
Therefore, the claimant is entitled to a sum of
Rs.8,00,000/- as against Rs.5,00,000/- as awarded by the
Tribunal towards artificial limb and its maintenance.
14. In view of the above, the claimant is entitled to
total compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Towards Pain and Suffering 1,00,000/-
02. Towards Medical Expenses 19,12,311/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 12 -
HC-KAR
NC: 2026:KHC:61570
MFA No. 5915 of 2025
C/W MFA No. 5510 of 2025
CNR: KAHC010523482025
03. Towards attendant,
conveyance charges, food
and nourishment etc.,
34,000/-
04. Towards loss of amenities 1,00,000/-
05. Towards loss of future 21,27,840/-
income due to disability
06. Toward loss of income 93,000/-
during laid up period
07. Towards artificial limb and 8,00,000/-
its maintenance
Total 51,67,151/-
The claimant is entitled total compensation of
Rs.51,67,151/- as against Rs.37,72,511/- as awarded by
the Tribunal with interest. Consequently, the claimant is
entitled to enhanced compensation of Rs.13,94,640/- with
interest at the rate of 6% per annum from the date of
petition till realization.
15. The driver of crane as on the date of accident
is stated to be not holding driving license. The police have
filed a charge sheet against the driver of the crane for
offences punishable under Section 3 read with Section 181
of Motor Vehicles Act. R.W.2 -Investigating Officer has also
given his evidence with regard to the said investigation
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 13 -
HC-KAR
NC: 2026:KHC:61570
MFA No. 5915 of 2025
C/W MFA No. 5510 of 2025
CNR: KAHC010523482025
and filing of charge sheet against the driver of the crane
for offences punishable under Section 3 read with Section
181 of Motor Vehicles Act. In order to contradict the said
charge sheet and evidence of R.W.2 -Investigating Officer,
the owner of the crane has not placed on record the
driving license of driver of the crane. Considering the fact
that the accident occurred post amendment to Motor
Vehicles Act, the liability is to be fastened on the owner of
the vehicle. The Tribunal has rightly fastened the liability
on the owner of the crane to pay the award amount with
interest. Therefore, the owner of the vehicle i.e., appellant
in MFA No.5915/2025 is liable to pay the compensation
awarded by the Tribunal and enhanced compensation
awarded by this Court with interest.
16. In view of the above, the following
ORDER
i) Both appeals are allowed in part.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61570
MFA No. 5915 of 2025
C/W MFA No. 5510 of 2025
CNR: KAHC010523482025
ii) The claimant is entitled to enhanced
compensation of Rs.13,94,640/- with interest at
the rate of 6% per annum from the date of
petition till realization.
iii) The owner of crane (Respondent No.2 before
the Tribunal) shall deposit the enhanced
compensation with interest before the Tribunal
within a period of 06 weeks from this day.
iv) The claimant is not entitled to interest on
enhanced compensation towards artificial limb
and its maintenance awarded by this Court.
v) Enhanced compensation shall be kept in fixed
deposit in the name of claimant for a period of
15 years. He is entitled to release of
Rs.5,00,000/- every 5 years.
vi) The amount in deposit is ordered to be
transmitted to the Tribunal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
(SHIVASHANKAR AMARANNAVAR)
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
JUDGE
DSP
List No.: 2 Sl No.: 2
Ct.sm