- 1 - HC-KAR NC: 2025:KHC-D:8063 MFA No. 101897 of 2016 C/W MFA No. 101675 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 101897 OF 2016 (MV) C/W MISCELLANEOUS FIRST APPEAL NO. 101675 OF 2016 IN MFA NO. 101897 OF 2016: BETWEEN: M/S. UNITED INDIA INSURANCE CO. LTD., OPPOSITE RADHIKA TALKIES, BALLARI, NOW AT NEW ADDRESS: DIVISIONAL OFFICE, SHREE SHANKARA COMPLEX, OPP. SONY COMPLEX, PARVATHI NAGAR, MAIN ROAD, BALLARI, REP. BY ITS DIVISIONAL MANAGER. … APPELLANT (BY SRI. SHARANAPPA S. KOLIWAD, ADVOCATE) AND: 1. SRI. ANJI ALIAS ANJAIAH S/O GANGANNA, AGE: 19 YEARS, OCC: EX-LORRY CLEANER, R/O: MALLAPURA VILLAGE, TALUK: SANDUR, DIST: BALLARI. 2. SRI. GAVISIDDA S/O VANDRAPPA, AGE: 36 YEARS, OCC: DRIVER OF HYWA TIPPER LORRY, R/O: BEVINAHALLI VILLAGE, TQ: AND DIST: BALLARI. 3. SRI. M. ERANNA S/O LATE ERANNA, AGE: 43 YEARS, OCC: OWNER OF LORRY, R/O: BRINDAVAN COLONY, 2ND CROSS, ANANTAPUR ROAD, BALLARI, TQ: AND DIST: BALLARI, (OWNER OF LORRY BEARING NO.AP-03/X-9406). … RESPONDENTS (BY SRI. G.R. TURAMARI, ADVOCATE FOR R1; R2 AND R3-SERVED) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8063 MFA No. 101897 of 2016 C/W MFA No. 101675 of 2016 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED: 11.03.2016, PASSED IN MVC NO.692/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE CUM MEMBER VI-MOTOR ACCIDENT CLAIMS TRIBUNAL, AT KUDLIGI. IN MFA NO. 101675 OF 2016: BETWEEN: SRI. ANJI @ ANJAIAH S/O GANGANNA, AGE: 19 YEARS, OCC: LORRY CLEANER, R/O: MALLAPURA VILLAGE, TALUK: SANDUR, DIST: BALLARI. … APPELLANT (BY SRI. G.R. TURAMARI, ADVOCATE) AND: 1. GAVISIDDA S/O VANDRAPPA, AGE: 36 YEARS, OCC: DRIVER OF THE TIPPER LORRY BEARING REG. NO.AP-03/X-9406, R/O: BEVINAHALLI VILLAGE, TQ: AND DIST: BALLARI. 2. M. ERANNA S/O LATE ERANNA, AGE: 43 YEARS, OCC: OWNER OF TIPPER LORRY BEARING REG. NO.AP-03/X-9406, R/O: BRINDAVAN COLONY, 2ND CROSS, ANANTAPUR ROAD, BALLARI, TQ: AND DIST: BALLARI. 3. M/S. UNITED INDIA INSURANCE COMPANY LTD., BY ITS DIVISIONAL MANAGER, BALLARI, DIST: BALLARI, POLICY NO.2411003114P110175751 VALID FROM 23.02.2015 TO 27.02.2016. … RESPONDENTS (BY SRI. SHARANAPPA S. KOLIWAD, ADVOCATE FOR R3; R1 AND R2-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED: 11.03.2016, PASSED IN M.V.C. NO.692/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE CUM MEMBER VI-MOTOR ACCIDENT CLAIMS TRIBUNAL, AT KUDLIGI. - 3 - HC-KAR NC: 2025:KHC-D:8063 MFA No. 101897 of 2016 C/W MFA No. 101675 of 2016 THESE APPEALS ARE COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) MFA No.101897/2016 is filed by the appellant/insurance company questioning involvement of the offending vehicle and MFA No.101675/2016 is filed by the claimant seeking for enhancement of compensation by challenging the judgment and award dated 11.03.2016, passed by the Senior Civil Judge Cum Member VI-MACT, Kudligi, (hereinafter referred to as the ‘Tribunal’) in MVC No.692/2015. 2. Heard the arguments of learned counsels appearing for both the sides and perused the material placed before the Court. 3. It is the case of the claimant that the claimant was working as a cleaner in lorry bearing Reg.No.AP-25/V- 7926 and on 24.12.2014, at the instructions of driver, he was cleaning the cabin of the lorry and has got down from the cabin of the lorry in order to throw away dust in the - 4 - HC-KAR NC: 2025:KHC-D:8063 MFA No. 101897 of 2016 C/W MFA No. 101675 of 2016 cabin and at that time, while he was below the door of the right side of the lorry, by that time, a Tipper lorry bearing Reg.No.AP-03/X-9406 came with high speed and in a rash and negligent manner and brushed the claimant’s lorry in which he was cleaning the said lorry. Due to which, he has sustained grievous injuries. Therefore, he had filed claim petition and upon the claim petition, the trial Court has awarded following compensation and held that insurance company is liable to pay compensation. 4. Learned counsel for appellant/insurance company submitted that the Tipper lorry bearing Reg.No.AP-03/X- 9406 has not caused the accident as there was no mention of the said lorry in the medical record and also there is no any single damage to the lorries. Therefore, suspected the involvement of Tipper lorry bearing Reg.No.AP-03/X-9406. 5. On the other hand, learned counsel for the respondent/claimant justified the judgment and award and prays for enhancement of compensation. - 5 - HC-KAR NC: 2025:KHC-D:8063 MFA No. 101897 of 2016 C/W MFA No. 101675 of 2016 6. The accident was caused on 24.12.2014, and complaint was lodged on 03.01.2015. There is a specific allegation against the driver of Tipper lorry bearing Reg.No.AP-03/X-9406 that he has caused accident as above stated. Though, there is delay of 10 days in lodging complaint, that itself does not make a ground to suspect the accident. The paramount thing is to give medical treatment rather to lodge prompt complaint to the police. But in the medical records, it is stated that the claimant had sustained injuries while closing door of the lorry. Therefore, at very initial point of time, when the claimant was admitted to the hospital, it was recorded at undisputed point of time that the claimant sustained injuries while he was closing door of the lorry. Therefore, the claimant has proved that he has sustained injuries due to rash and negligent driving of Tipper lorry bearing Reg.No.AP-03/X-9406. Therefore, the appeal filed by the insurance company is liable to be dismissed. - 6 - HC-KAR NC: 2025:KHC-D:8063 MFA No. 101897 of 2016 C/W MFA No. 101675 of 2016 Regarding Quantum of Compensation in MFA No.101675/2016: 7. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injury: “Amputation of right thumb.” 8. The Tribunal while awarding compensation has wrongly reckoned the total compensation of Rs.3,48,300/- instead of Rs.3,38,300/- and has awarded interest at the rate of 6% per annum from the date of petition till the date of realization. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards Pain and sufferings. 25,000/- 2. Towards medical expenses. 31,500/- 3. Towards attendant charges 5,000/- 4. Towards food and nourishment charges 10,000/- 5. Loss of income during laid up period 10,000/- 6. Loss of income on account of disability 2,26,800/- 7. Towards loss of amenities 30,000/- Total 3,38,300/- - 7 - HC-KAR NC: 2025:KHC-D:8063 MFA No. 101897 of 2016 C/W MFA No. 101675 of 2016 9. Further, the Doctor has stated that the claimant has suffered 30% permanent physical disability towards right hand and the tribunal has correctly assessed as 15% of functional disability and it is kept intact. 10. Considering the nature of injuries sustained, compensation awarded by Tribunal is on lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 11. The accident is caused in the year 2014. Therefore, notional income of Rs.7,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 18 years old at the time of accident. Therefore, appropriate applicable multiplier is ‘18’. Hence, loss of future income due to disability is hereby reassessed and quantified as under: Rs.7,500 x 12 x 18 x 15% = Rs.2,43,000/- 12. Further, the claimant is entitled to compensation of Rs.20,000/- towards attendant charges and Rs.22,500/- (7,500x3) towards loss of income during laid up period for a - 8 - HC-KAR NC: 2025:KHC-D:8063 MFA No. 101897 of 2016 C/W MFA No. 101675 of 2016 period of three months, is awarded. The award of compensation by the Tribunal under the other heads is unaltered. 13. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards Pain and sufferings. 25,000/- 2. Towards medical expenses. 31,500/- 3. Towards attendant charges 20,000/- 4. Towards food and nourishment charges 10,000/- 5. Loss of income during laid up period 22,500/- 6. Loss of income on account of disability 2,43,000/- 7. Towards loss of amenities 30,000/- Total 3,82,000/- 14. Therefore, the claimant is entitled for total compensation of Rs.3,82,000/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.3,38,300/- awarded by the Tribunal. The Insurance Company is directed to deposit the enhanced compensation within eight weeks from the date of receipt of a certified copy of this judgment. - 9 - HC-KAR NC: 2025:KHC-D:8063 MFA No. 101897 of 2016 C/W MFA No. 101675 of 2016 15. In the result, I proceed to pass the following: ORDER i. MFA No.101897/2016 is dismissed. ii. MFA No.101675/2016 is allowed in part. iii. The judgment and award dated 11.03.2016, passed by the Senior Civil Judge cum Member VI-MACT, Kudligi, in MVC No.692/2015, stands modified. iv. The claimant is entitled for total compensation of Rs.3,82,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization as against Rs.3,38,300/- awarded by the Tribunal. v. The insurance company shall deposit the enhanced amount within a period of eight weeks from the date of receipt of a copy of this judgment. vi. Send back the trial Court records along with a copy of this judgment and award to the tribunal. - 10 - HC-KAR NC: 2025:KHC-D:8063 MFA No. 101897 of 2016 C/W MFA No. 101675 of 2016 vii. The amount in deposit shall be transmitted to the Tribunal. viii. Draw award accordingly. ix. No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM CT:BCK LIST NO.: 1 SL NO.: 35