PRALHAD S/O SHANKRAPPA MAYAKOND, v. LAXMAN S/O KANNAPPA ADDER,
MFA/101856/2015 · 2025-11-25
Chillakur Sumalatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37315 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37315 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16290 MFA No. 101856 of 2015
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 101856 OF 2015 (MV-I) BETWEEN:
SRI. PRALHAD S/O. SHANKRAPPA MAYAKOND, AGED ABOUT: 63 YEARS, OCC: AGRICULTURIST, R/O: KODA VILLAGE IN HIREKERUR, TQ & DIST: HAVERI. …APPELLANT (BY SRI. V.S. KALASURMATH, ADVOCATE)
AND:
1.
SRI. LAXMAN S/O. KANNAPPA ADDER, AGE: MAJOR, OCC: BUSINESS, R/O: AKG COLONY, BEHIND COURT, RANEBENNUR, DIST: HAVERI.
(OWNER OF THE VEHICLE BEARING NO.KA-27/5373)
2.
THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., ENKAY COMPLEX, KESHWAPUR, HUBBALLI.
(POLICY NO.240302/31/05/03123) VALID FROM 11.10.05 TO 1.10.06 …RESPONDENTS (BY SRI. C.V. ANGADI, ADVOCATE FOR R2;
NOTICE TO R1 IS SERVED)
GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD
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HC-KAR NC: 2025:KHC-D:16290 MFA No. 101856 of 2015
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR THE RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED 01/04/2011 IN M.V.C.NO.469/2006 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR BY ENHANCING THE COMPENSATION REASONABLY AND ADEQUATELY, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR DISMISSAL THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
1. Heard Sri.V. S. Kalasurmath, learned counsel for the appellant as well as Sri.C. V. Angadi, learned counsel for respondent No.2.
2. Being aggrieved by the sum that is awarded as compensation by the Additional Motor Accident Claims Tribunal, Ranebennur through orders in MVC No.469/2006 dated 01.04.2011, the claimant is before this Court seeking enhancement of compensation.
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HC-KAR NC: 2025:KHC-D:16290 MFA No. 101856 of 2015
3. The only point argued by learned counsel for the appellant is that, the amount awarded globally for the disability with which the appellant suffers, i.e., Rs.50,000/- is on lower side and therefore the said amount requires enhancement.
4. Per contra, learned counsel for respondent No.2 states that the appellant was working as Head Master in a Government School as on the date of accident and as per the evidence produced by the appellant himself, he continued his service even after the date of accident and his salary increased. Learned counsel states that the appellant therefore is not entitled to any compensation towards loss of future earnings and the amount awarded for disability i.e., Rs.50,000/- is also improper.
5. The Tribunal through the impugned order, having observed the fact that the appellant sustained fracture of both bones of the right leg which is grievous in
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HC-KAR NC: 2025:KHC-D:16290 MFA No. 101856 of 2015
nature apart from two other simple injuries, awarded a sum of Rs.1,25,060/- towards ‘medical expenses’, Rs.10,000/- towards ‘food and nourishment’, Rs.10,000/- towards ‘attendant charges’, Rs.30,000/- towards ‘pain and suffering’, Rs.5,000/- towards ‘loss of earnings’ and Rs.50,000/- towards the inconvenience which will be faced due to disability. The Tribunal awarded a total sum of Rs.2,25,060/-.
6. The sum thus awarded is highly justified. This Court does not find any grounds for further enhancement. Therefore, the ultimate conclusion of this Court is that the appeal deserves dismissal.
7. Resultantly the appeal stands dismissed.
Sd/- (CHILLAKUR SUMALATHA) JUDGE
gab CT-MCK List No.: 1 Sl No.: 17