- 1 - NC: 2025:KHC-K:1730-DB MFA No. 202864 of 2022 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCL. FIRST APPEAL NO.202864 OF 2022 (MV-D) BETWEEN: KUMAR RAKESH S/O KAMARAJ, AGE: 18 YEARS, OCC: SSLC STUDENT, R/O BIDDAPUR, BASANTH NAGAR, KALABURAGI …APPELLANT (BY SRI. SHARANABASAPPA K. BABSHETTY, ADVOCATE) AND: 1. SYED SAJJAD ANAMDAR S/O SYED KHASIM INAMDAR, AGE: MAJOR, OCC: OWNER OF THE LORRY, R/O E-33-1 BEHIND BAZAR ROAD, NEAR FARSI GALLI, SHAHABAD, TQ. CHITTAPUR DIST. KALABURAGI-585228. 2. THE MANAGER, HDFC ERGO GENERAL INSURANCE CO LTD., R/O 1ST FLOOR, VIRUPAKSHA, OPP. KIMS MAIN GATE, B ROAD, VIDYA NAGAR HUBBALLI-580009. …RESPONDENTS (V/O DATED 14.03.2024 NOTICE TO R-1 IS DISPENSED WITH BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2) Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1730-DB MFA No. 202864 of 2022 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THIS APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 08.02.2022 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM AT KALABURAGI, IN MVC NO. 1181/2019, AND ENHANCED COMPENSATION AMOUNT AS CLAIMED BY THE APPELLANT, THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed seeking for higher compensation, challenging the judgment and award dated 08.02.2022 passed in MVC No.1181/2019 by the Prl. Senior Civil Judge and CJM, Kalaburagi. 2. Brief facts leading to the case are as under: - 3 - NC: 2025:KHC-K:1730-DB MFA No. 202864 of 2022 On 02.08.2019 at about 3:10 p.m., the appellant was proceeding from his school to his house on the footpath. At that time, the driver of the lorry bearing No. MH-12/KP- 6073 drove the lorry in an rash and negligent manner and dashed against the appellant, as a result, the claimant sustained grievous injuries on his left leg and he was shifted to Dhanwantri Hospital, Kalaburagi and provided treatment and thereafter, for further treatment he was shifted to Yashodha Hospital, Hyderabad. It is averred that the claimant incurred Rs.6,00,000/- towards the medical expenses. Despite the same, he continued to suffer physical disability, due to the accidental injuries. Hence, the claimant filed the petition. 3. Per contra, respondent entered appearance before the Tribunal and filed objections by denying the age, claim of the compensation and negligence of the driver of the lorry in question and sought for dismissing the petition. - 4 - NC: 2025:KHC-K:1730-DB MFA No. 202864 of 2022 4. The Tribunal after considering the submissions of both the counsel framed the issues and recorded the evidence. Father of the injured has been examined as PW- 1 and Dr. Raju Kulkarni has been examined as PW—2 and got marked 19 documents as Ex.P-1 to P-19. On the other hand, respondent examined RW-1 and got marked 3 documents, as Ex.R-1 to R-3. The Tribunal considered the evidence of the doctor and assessed the disability of the injured at 14% and by applying the law laid down by Hon’ble Apex Court in the case of Master Mallukarjun Vs. Divisional Manager, National Insurance Company and Another reported in (2014) 14 SCC 396 awarded a compensation of Rs.3,00,000/- towards the pain and suffering and disability, Rs.12,000/- under the head of discomfort, inconvenience etc., and Rs.50,000/- towards diet and attendant charges and awarded a sum of Rs.13,25,102/- towards medical expenses. The Tribunal in all awarded a sum of Rs.16,87,000/-. Being aggrieved by the same, the claimant has filed this appeal seeking higher compensation. - 5 - NC: 2025:KHC-K:1730-DB MFA No. 202864 of 2022 5. Sri. Sharanabasappa K Babashetty, learned counsel for the appellant submits that the Tribunal has committed graver error in under assessing the disability of the injured at 14%, which is contrary to the oral testimony of PW-2, discharges summary at Ex.P-7, disability certificate at Ex.P-12 and other medical evidences on record. He submits that the appellant has sustained grave injuries and he could not recover from the said injuries and for the rest of his life, he has to suffer the physical disability. Hence, he seeks for reassessing the disability at 40% as assessed by the doctor. 6. Per contra, Smt. Preeti Patil Melkundi, learned counsel for the respondent No.2-Insurance Company has supported the impugned judgment and award of the Tribunal and submits that the Tribunal after taking note of the evidence on record has rightly assessed the disability and awarded the compensation, which does not call for any interference. It is also submitted that the Tribunal has directed the respondent No.2-Insurance Company to pay - 6 - NC: 2025:KHC-K:1730-DB MFA No. 202864 of 2022 the compensation and recover the same from the owner of the vehicle on the ground that the driver of the vehicle was not having valid and effective driving license on the date of accident. Hence, she prays to dismiss the appeal. 7. We have heard the arguments of learned counsel for the appellant and learned counsel for the respondent and meticulously perused the material available on record. The only point that arises for our consideration is “Whether the impugned judgment and award passed by the Tribunal calls for any interference, with regard to the assessment of disability by the Tribunal?” 8. The parties to the proceedings do not dispute the occurrence of accident on 02.08.2019 and that the appellant has sustained grievous injuries in the said accident and he was provided treatment initially in Dhanwantri Hosptial, Kalaburagi and later, at Yashodha Hospital, Hyderabad and incurred substantial amount towards the medical expenses. PW-2, the doctor has - 7 - NC: 2025:KHC-K:1730-DB MFA No. 202864 of 2022 assessed the disability of the claimant at 40%. We have perused the nature of injuries suffered by the appellant, found in Ex.P-12. Admittedly, the appellant was aged about 15 years at the time of accident and has undergone treatment in two different hospitals. Ex.P-12 indicates the disability suffered by the appellant, which corroborates with the oral testimony of PW-2. Hence, we are of the opinion that interest of justice would be met, if the disability of the appellant is reassessed at 31% as against 14% assessed by the Tribunal. Having reassessed the disability at 31%, by applying the law laid down by the Hon’ble Apex Court in the case of Mallukarjun (referred Supra), the appellant would be entitled for a compensation of Rs.4,00,000/- under the head of pain and suffering already undergone and to be suffered in future, as against Rs.3,00,000/- awarded by the Tribunal. The compensation awarded under the head of discomfort, inconvenience, medical expenses, diet and attended charges are unaltered. The impugned judgment and award of the Tribunal is modified as under: - 8 - NC: 2025:KHC-K:1730-DB MFA No. 202864 of 2022 Description Amount Towards pain and suffering Rs.4,00,000/- Towards discomfort, inconvenience etc., Rs.12,000/- Towards Medical expenses Rs.13,25,102/- Towards diet and attendant charges Rs.50,000/- Total Rs.17,87,102/- Rounded off to Rs.17,87,100/- Award of the Tribunal Rs.16,87,000/- Enhanced Compensation Rs.1,00,100/- 9. Accordingly, the following order: ORDER i. The appeal is allowed in part. ii. The appellant is entitled for enhanced compensation of Rs.1,00,100/- along with 6% interest from the date of filing of petition, till realization of entire compensation. iii. The respondent No.2-Insurance Company is directed to pay the compensation within a period of 8 weeks from the date of receipt of certified copy of this order. Liberty is reserved for the Insurance - 9 - NC: 2025:KHC-K:1730-DB MFA No. 202864 of 2022 Company to recover the said compensation from the owner of the vehicle. iv. The order of the Tribunal regarding apportionment of release and deposit is unaltered. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE NJ List No.: 1 Sl No.: 27 CT:SI