- 1 - HC-KAR NC: 2025:KHC-K:3490 MFA No. 200066 of 2022 C/W MFA No. 201303 of 2021 MFA No. 201347 of 2021 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO. 200066 OF 2022 (MV-I) C/W MISCL. FIRST APPEAL NO. 201303 OF 2021 MISCL. FIRST APPEAL NO. 201347 OF 2021 IN M.F.A.NO.200066/2022 BETWEEN: RACHAPPA SHETTEPPA @ SATYAPPA GADADE AGE: 56 YEARS, OCC: AGRICULTURE, R/O: SIDDAPUR, TQ: AND DIST: VIJAYAPURA – 586 101. …APPELLANT (BY SRI SANGANABASAVA B.PATIL, ADVOCATE) AND: 1. CHANDRAKANT BHIMSEN MANE, AGE: 46 YEARS, OCC: BUSINESS, R/O: KATEWADI, TQ: JATH, SANGLI DIST. (MAHARASHTRA) – 416 404. 2. THE BRANCH MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD., ASIAN AREA, OPPOSITE SYNDICATE BANK, NEAR ANAND HOTEL, S.B. TEMPLE ROAD, KALABURAGI – 585 105. POLICY NO.12N FD AH2 VALID FROM 18.03.2014 TO 17.03.2015. …RESPONDENTS (BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3490 MFA No. 200066 of 2022 C/W MFA No. 201303 of 2021 MFA No. 201347 of 2021 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XV, VIJAYAPURA AT: VIJAYAPURA IN M.V.C.NO.1983/2014 DATED 13.11.2020 AND BE PLEASED TO ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED FAR BY THE APPELLANT. IN M.F.A.NO.201303/2021 BETWEEN: THE BRANCH MANAGER, THE IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., ASIAN ARCADE, NEAR ANAND HOTEL, S.B.TEMPLE ROAD, KALABURAGI. …APPELLANT (BY SRI SUBHASH MALLAPUR, ADVOCATE) AND: 1. RACHAPPA SHETTEPPA @ SATYAPPA GADADE AGE: 56 YEARS, OCC: AGRICULTURE, R/O: SIDDAPUR, TQ: AND DIST: VIJAYAPURA – 586 101. 2. CHANDRAKANT BHIMSEN MANE, AGE: 47 YEARS, OCC: BUSINESS, R/O: KATEWADI, JATH TQ., SANGLI DIST., (MAHARASHTRA) – 416 404. …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE APPEAL AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE JUDGMENT AND AWARD DATED 13.11.2020 IN M.V.C.NO.1983/2014 PASSED BY THE MEMBER M.A.C.T.,-XV, VIJAYAPURA. - 3 - HC-KAR NC: 2025:KHC-K:3490 MFA No. 200066 of 2022 C/W MFA No. 201303 of 2021 MFA No. 201347 of 2021 IN M.F.A.NO.201347/2021 BETWEEN: THE BRANCH MANAGER, THE IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., ASIAN ARCADE, NEAR ANAND HOTEL, S.B.TEMPLE ROAD, KALABURAGI. …APPELLANT (BY SRI SUBHASH MALLAPUR, ADVOCATE) AND: 1. MARUTI DEVALA LOKHADE AGE: 76 YEARS, OCC: NIL 2. MUTKABAI W/O SOMANNA LOKHADE, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, 3. BHAGAPPA SOMANNA LOKHADE, AGE: 27 YEARS, OCC: NIL, ALL R/O SHIRANAL VILLAGE TQ. AND DIST. VIJAYAPUR-586101 4. CHANDRAKANT BHIMSEN MANE, AGE: 47 YEARS, OCC: BUSINESS, R/O: KATEWADI, JATH TQ., SANGLI DIST., (MAHARASHTRA) – 416 404. …RESPONDENTS (R1 TO R3 SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE APPEAL AND CONSEQUENTLY BE PLEASED TO SET ASIDE THE JUDGMENT AND AWARD DATED 13.11.2020 PASSED BY THE MEMBER, M.A.C.T.,-XV, VIJAYAPURA, IN MVC NO.1982/2014. THESE MFA’S, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 4 - HC-KAR NC: 2025:KHC-K:3490 MFA No. 200066 of 2022 C/W MFA No. 201303 of 2021 MFA No. 201347 of 2021 ORAL JUDGMENT Though appeals are listed for orders, with consent of learned counsel for parties, they are taken up for final disposal. 2. Challenging judgment and award dated 13.11.2020 passed by Motor Accident Claims Tribunal no.XV, Vijayapura, (for short, 'Tribunal') in MVCs no.1982 and 1983 of 2014, these appeals are filed by insurer as well as claimant. While MFAs no.201303/2021 and 201347/2021 are filed by insurer, MFA no.200066/2022 is filed by claimant. 3. Sri Sanganabasava B.Patil, learned counsel submitted, appeal was by claimant for enhancement of compensation. It was submitted, at about 12:00 p.m., on 06.08.2014, when Rachappa and Somanna were riding motorcycle bearing registration no.MH-10/AZ-0584 from Tikkundi to Karewadi, driver of tractor bearing registration no.MH-10/AY-8059 drove it from opposite direction in rash and negligent manner and dashed against motorcycle causing accident. In said accident, Somanna died on spot while Rachappa sustained fractural injuries and was admitted to Sanjeevani Hospital, Vijayapura and thereafter, to Dr.Shekhar - 5 - HC-KAR NC: 2025:KHC-K:3490 MFA No. 200066 of 2022 C/W MFA No. 201303 of 2021 MFA No. 201347 of 2021 Malve Fracture and Orthopaedic Hospital, Miraj. Despite treatment, he did not recover fully and sustained permanent physical disability. Claiming compensation, he filed claim petition under Section 166 of Motor Vehicles Act against owner and insurer of tractor. 4. On contest, wherein, claim petition was opposed denying rash and negligent driving by driver of tractor, violation of policy conditions by insured as well as denying age, occupation and income of Rachappa, tribunal framed issues and recorded evidence. Said claim petition was connected with claim petition filed by legal representatives of deceased- Somanna. Present claimant was examined as PW.2 and Dr.Shekhar Prakash Malve as PW.3 and got marked Exs.P1 to P19. Respondent-insurer examined its official as RW.1 and got marked Exs.R1 and R2. 5. On consideration, Tribunal held accident occurred due to rash and negligent driving of tractor by its driver, claimant had sustained permanent physical disability and loss of earning capacity and entitled for compensation from insurer as follows: - 6 - HC-KAR NC: 2025:KHC-K:3490 MFA No. 200066 of 2022 C/W MFA No. 201303 of 2021 MFA No. 201347 of 2021 Sl.No. Heads Amount 1 Injuries, pain and suffering Rs. 30,000/- 2 Medical expenses Rs.2,14,837/- 3 Future medical expenses Rs. 30,000/- 4 Attendant charges Rs. 14,000/- 5 Food, nourishment, special diet and conveyance charges Rs. 10,000/- 6 Loss of amenities Rs. 10,000/- 7 Future loss of income on account of permanent disability Rs.1,63,800/- 8 Loss of income during laid-up period Rs. 21,000/- Total Rs.4,93,637/- Rounded off to Rs.4,93,700/- 6. Not satisfied with quantum, claimant has preferred this appeal. It was submitted, though claimant had stated that he was earning Rs.10,000/- per month, working as agriculturist, tribunal assessed his monthly income at Rs.7,000/- which was on lower side. It was submitted, claimant sustained Compound Grade-III C fracture of shaft of right humerus and 8th rib. But, tribunal awarded only Rs.30,000/- towards pain and suffering. It was further submitted, PW.3 had assessed disability at 45% to right upper limb however, tribunal considered functional disability at 15% which was on lower side. It was submitted, award of Rs.14,000/- towards attendant charges, Rs.10,000/- towards food, nourishment, special diet and conveyance charges and Rs.10,000/- towards loss of - 7 - HC-KAR NC: 2025:KHC-K:3490 MFA No. 200066 of 2022 C/W MFA No. 201303 of 2021 MFA No. 201347 of 2021 amenities and only Rs.21,000/- towards loss of income during laid-up period were on lower side and sought enhancement. 7. On other hand, Sri Subhash Mallapur, learned counsel for insurer opposed appeal. It was submitted tribunal took note of injuries sustained, disability caused and had awarded just compensation under various heads and there was no scope for enhancement. It was submitted, insurer had filed appeals against award in both claim petitions on ground that there was delay of two days in filing FIR. It was further submitted, treatment records in instant case did not bear MLC endorsement and Motor Vehicle Inspector’s report at Ex.P6 did not indicate any damages sustained by insured vehicle. It was however, submitted claimant’s appeal in MFA no.201676/2021 arising out of MVC no.1982/2014 was allowed on 29.11.2024 thereby confirming liability on insurer. Consequently, insurer’s appeals were rendered infructuous. 8. Heard learned counsel. Perused impugned judgment and award and records. - 8 - HC-KAR NC: 2025:KHC-K:3490 MFA No. 200066 of 2022 C/W MFA No. 201303 of 2021 MFA No. 201347 of 2021 9. From above and since claimant is seeking enhancement of compensation while insurer has challenged award on liability, points that would arise for consideration are: i. “Whether finding of tribunal on liability calls for interference? ii. Whether claimant is entitled for enhancement of compensation as sought for?” Point no.1: 10. Perusal of judgment and award passed by this Court in MFA no.201676/2021 disposed of on 29.11.2024 would reveal that claimants’ appeal against award in MVC no.1982/2014 was allowed with liability to pay enhanced compensation fastened on insurer. Said appeal was disposed of without insurer’s appeal being connected. With this Court having held insurer liable to pay enhanced compensation also, insurer’s appeals on liability would not survive for consideration. Point no.1 is therefore, answered in negative. Point no.2: 11. Though claimant stated that he was earning Rs.10,000/- per month as agriculturist, same was not - 9 - HC-KAR NC: 2025:KHC-K:3490 MFA No. 200066 of 2022 C/W MFA No. 201303 of 2021 MFA No. 201347 of 2021 substantiated with specific evidence. In absence, tribunal assessed it notionally. However, notional income for year 2014 being Rs.7,500/-, it was not justified in assessing at Rs.7,000/-. Rs.7,500/- is determined as monthly income. Claimant sustained Compound Grade-III fracture of shaft of right humerus as well as fracture of 8th rib. Award of Rs.30,000/- towards pain and suffering would be inadequate and enhanced to Rs.50,000/-. Tribunal awarded Rs.2,14,837/- towards medical expenses against bills produced in complete re-imbursement, leaving no scope for enhancement. For inpatient treatment period of 28 days, tribunal has awarded Rs.14,000/- towards attendant charges and Rs.10,000/- towards food, nourishment, special diet and conveyance charges which appear to be just and proper. Normally, fractures take three months to heal. Since monthly income is re-determined, claimant would be entitled for Rs.22,500/- towards loss of income during laid-up period. Though enhancement of functional disability is sought, tribunal has observed that as per Ex.P21-disability certificate, limb disability is assessed at 45%. PW.3-Doctor has not deposed about nature of restriction of movement of limb affecting claimant in his - 10 - HC-KAR NC: 2025:KHC-K:3490 MFA No. 200066 of 2022 C/W MFA No. 201303 of 2021 MFA No. 201347 of 2021 agricultural activities. Under such circumstances, assessment of functional disability at 15% does not appear to be grossly inadequate. Hence, same is accepted. Computation of loss of future income would be as follows: Rs.7,500/- x 15% x 12 x 13 = Rs.1,75,500/- 12. Tribunal has awarded Rs.10,000/- towards loss of amenities which would be grossly in adequate. Same is enhanced to Rs.30,000/-. Award of Rs.30,000/- towards future medical expenses appears to be just and proper and does not require enhancement. Thus, claimant would be entitled for re- assessed compensation of Rs.5,46,837/-. Point no.2 is answered partly in affirmative, as above. Consequently, following: ORDER i. Insurer’s appeal in MFAs no.201303/2021 and 201347/2021 are dismissed. ii. Amount in deposit is ordered to be transmitted to tribunal for payment. iii. Claimant’s appeal in MFA no.200066/2022 is allowed in part, judgment and award dated 13.11.2020 passed by Motor Accident Claims - 11 - HC-KAR NC: 2025:KHC-K:3490 MFA No. 200066 of 2022 C/W MFA No. 201303 of 2021 MFA No. 201347 of 2021 Tribunal no.XV, Vijayapura, in MVC no.1983/2014 is modified. Claimant is held entitled for total compensation of Rs.5,46,837/- as against Rs.4,93,700/- awarded by Tribunal with interest at 6% per annum from date of petition till payment, from insurer. iv. Respondent-insurer is directed to deposit enhanced compensation before Tribunal within a period of six weeks. Sd/- (RAVI V HOSMANI) JUDGE NB List No.: 1 Sl No.: 6 Ct: VK