Karnataka High Court
Dilshad vs Anand And Anr on 3 February, 2026
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NC: 2026:KHC-K:884
MFA No. 202489 of 2022
C/W MFA No. 202373 of 2022
MFA No. 202376 of 2022
HC-KAR AND 3 OTHERS
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 202489 OF 2022 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 202373 OF 2022 (MV-I)
MISCL. FIRST APPEAL NO. 202376 OF 2022 (MV-I)
MISCL. FIRST APPEAL NO. 202378 OF 2022 (MV-I)
MISCL. FIRST APPEAL NO. 202430 OF 2022 (MV-I)
MISCL. FIRST APPEAL NO. 202525 OF 2022 (MV-I)
IN MFA No. 202489/2022:
Digitally signed BETWEEN:
by LUCYGRACE
Location: HIGH MAHEBOOBBI
COURT OF W/O BANDAGISAB HATTARKIHAL,
KARNATAKA AGE: 52 YEARS,
OCC: AGRICULTURE,
R/O JUMANAL,
TQ. AND DIST. VIJAYAPURA-586122.
...APPELLANT
(BY SRI. SANGANAGOUDA V BIRADAR, ADVOCATE)
AND:
1. ANAND S/O SHANKAR RATHOD (DEAD)
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NC: 2026:KHC-K:884
MFA No. 202489 of 2022
C/W MFA No. 202373 of 2022
MFA No. 202376 of 2022
HC-KAR AND 3 OTHERS
1A.) MANJULA W/O ANAND RATHOD,
AGE: MAJOR, OCC: BUSINESS,
R/O TELGI, TALUK. B. BAGEWADI,
DIST. VIJAYAPURA-586216.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY LIMITED,
VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI MANVENDRA REDDY, ADVOCATE FOR R2;
V/O DTD.11.01.2023 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND
ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED
18.01.2022 PASSED BY THE COURT OF I ADDITIONAL SENIOR
CIVIL JUDGE AND MEMBER, MACT-VI, AT VIJAYAPURA IN MVC
NO.2066/2010.
IN MFA NO. 202373/2022:
BETWEEN:
BIBIJAN
W/O KHAJEWALI HATTARKIHAL,
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O JUMANAL,
TQ. AND DIST. VIJAYAPURA-586122.
...APPELLANT
(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
1. ANAND S/O SHANKAR RATHOD (DEAD)
1A) MANJULA W/O ANAND RATHOD,
AGE: MAJOR, OCC: BUSINESS,
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NC: 2026:KHC-K:884
MFA No. 202489 of 2022
C/W MFA No. 202373 of 2022
MFA No. 202376 of 2022
HC-KAR AND 3 OTHERS
R/O TELGI, TALUK. B. BAGEWADI,
DIST. VIJAYAPURA-586 216.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY LIMITED,
VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI MANVENDRA REDDY, ADVOCATE FOR R2;
V/O DTD.18.07.2023 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND
ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION BY MODIFYING THE JUDGMENT AND AWARD
DATED 18.01.2022 PASSED BY THE COURT OF I ADDL
SENIOR CIVIL JUDGE AND MEMBER, MACT-VI, AT
VIJAYAPURA, IN MVC NO.2068/2010.
IN MFA NO. 202376/2022:
BETWEEN:
DILSHAD
S/O KHLANDAR CHIMMALAGI,
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O JUMANAL,
TQ.AND DIST. VIJAYAPURA-586122.
...APPELLANT
(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
1. ANAND AND ANR
S/O SHANKAR RATHOD (DEAD)
1A MANJULA W/O ANAND RATHOD,
AGE: MAJOR, OCC: BUSINESS,
R/O TELGI, TALUK. B. BAGEWADI,
DIST. VIJAYAPURA-586216.
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NC: 2026:KHC-K:884
MFA No. 202489 of 2022
C/W MFA No. 202373 of 2022
MFA No. 202376 of 2022
HC-KAR AND 3 OTHERS
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY LIMITED,
VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI MANVENDRA REDDY, ADVOCATE FOR R2;
V/O DTD.27.06.2023 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND
ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION BY MODIFYING THE JUDGMENT AND AWARD
DATED 18.01.2022 PASSED BY THE COURT OF I ADDL.
SENIOR CIVIL JUDGE AND MEMBER, MACT-VI, VIJAYAPURA
IN MVC NO.2067/2010.
IN MFA NO. 202378/2022:
BETWEEN:
RAZAKBI
W/O MAHEBOOBSAB HATTARKIHAL,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O JUMANAL, TQ.AND DIST. VIJAYAPURA-586122.
...APPELLANT
(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
1. ANAND S/O SHANKAR RATHOD (DEAD)
1A) MANJULA W/O ANAND RATHOD,
AGE: MAJOR, OCC: BUSINESS,
R/O TELGI, TALUK. B. BAGEWADI,
DIST. VIJAYAPURA-586216.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY LIMITED,
VIJAYAPURA-586101.
-5-
NC: 2026:KHC-K:884
MFA No. 202489 of 2022
C/W MFA No. 202373 of 2022
MFA No. 202376 of 2022
HC-KAR AND 3 OTHERS
...RESPONDENTS
(BY SRI MANVENDRA REDDY, ADVOCATE FOR R2;
V/O DTD.27.06.2023 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THE APPEAL AND
ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION BY MODIFYING THE JUDGMENT AND AWARD
DATED 18.01.2022 PASSED BY THE COURT OF I ADDL.
SENIOR CIVIL JUDG AND MEMBER, MACT-VI, AT
VIJAYAPURA, IN MVC NO.2065/2010.
IN MFA NO. 202430/2022:
BETWEEN:
MAHAJANBI
W/O MASTNASAB HATTARKIHAL,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O JUMANAHAL, TQ.AND DIST. VIJAYAPURA-586122.
...APPELLANT
(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
1. ANAND S/O SHANKAR RATHOD (DEAD)
1A. MANJULA W/O ANAND RATHOD,
AGE: MAJOR, OCC: BUSINESS,
R/O TELGI, TALUK. B. BAGEWADI,
DIST. VIJAYAPURA-586216.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY LIMITED,
VIJAYAPURA-586101.
...RESPONDENTS
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NC: 2026:KHC-K:884
MFA No. 202489 of 2022
C/W MFA No. 202373 of 2022
MFA No. 202376 of 2022
HC-KAR AND 3 OTHERS
(BY SRI MANVENDRA REDDY, ADVOCATE FOR R2;
V/O DTD.27.06.2023 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THE APPEAL AND
ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION BY MODIFYING THE JUDGMENT AND AWARD
DATED 18.01.2022 PASSED BY COURT OF I ADDL. SENIOR
CIVIL JUDGE AND MEMBER, MACT-VI, AT VIJAYAPURA, IN
MVC NO. 2071/2010.
IN MFA NO. 202525/2022:
BETWEEN:
HASEENA
W/O DASTAGIRSAB MANDI,
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O JUMANAL, TQ.AND DIST. VIJAYAPURA-586122.
...APPELLANT
(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
1. ANAND AND ANR
S/O SHANKAR RATHOD (DEAD)
1A MANJULA W/O ANAND RATHOD,
AGE: MAJOR, OCC: BUSINESS,
R/O TELGI, TALUK. B. BAGEWADI,
DIST. VIJAYAPURA-586216.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY LIMITED,
VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI MANVENDRA REDDY, ADVOCATE FOR R2;
V/O DTD.12.06.2023 NOTICE TO R1 IS DISPENSED WITH)
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NC: 2026:KHC-K:884
MFA No. 202489 of 2022
C/W MFA No. 202373 of 2022
MFA No. 202376 of 2022
HC-KAR AND 3 OTHERS
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND
ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION BY MODIFYING THE JUDGMENT AND AWARD
DATED 18.01.2022 PASSED BY THE COURT OF I
ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT-VI,
AT VIJAYAPURA, IN M.V.C NO.2070/2010.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
1. Heard learned counsel appearing for the parties.
2. These appeals are preferred by the respective claimants in MVC Nos.2065/2010, 2066/2010, 2067/2010, 2068/2010, 2070/2010 and 2071/2010 assailing the judgment and award dated 18.01.2022, on the file of the I Additional Senior Civil Judge and MACT - VI, at Vijayapura, seeking enhancement of compensation.
3. Learned counsel appearing for the Insurance Company submitted that the Tribunal has awarded just compensation in the above cases and no interference is called for in the matter.
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4. Having taken note of the submissions made by the learned counsel appearing for the parties and the finding recorded by the Tribunal, it is not in dispute as to the injuries sustained by the claimants in MVC Nos.2066/2010, 2067/2010 2070/2017, on account of the road traffic accident occurred on 14.09.2010. The Tribunal has awarded a global compensation of Rs.30,000/- to the claimants in the above MVC cases. However, taking into account the material available on record as to the nature of injury sustained by the aforesaid claimants as per the wound certificates produced by them, I am of the view that, a global compensation of Rs.1,00,000/- be awarded to these claimants with interest at 6% per annum from the date of claim petition till realization.
5. Having taken note of the finding recorded by the Tribunal, it is not in dispute that the claimant in MVC No.2068/2010 has sustained grievous injury on account of the accident occurred on 14.09.2010. In order to prove the injuries, the claimant has examined the treating doctor as P.W.8 as to the injury sustained by the claimant. Though it is deposed by the doctor that claimant has sustained permanent disability about 30 to -9- NC: 2026:KHC-K:884 MFA No. 202489 of 2022 C/W MFA No. 202373 of 2022 MFA No. 202376 of 2022 HC-KAR AND 3 OTHERS 35% related to right upper limb, however, I am of the view that, it is appropriate to take disability to the extent of 10% to the whole body.
6. Taking into account the guidelines of the Karnataka State Legal Services Authority, the notional income of the claimant is taken at Rs.5,500/- per month and applying the multiplier of 16, the claimant is entitled for Rs.1,05,600/- (5500 x 12 x 16 x 10%) towards the loss of future income. Taking into account the nature of injury sustained by the claimant as per Ex.P7, the award of compensation is modified as below:
Heads Amount
(in Rupees)
Pain and suffering 30,000.00
Loss of earnings during laid up 16,500.00
period (Rs.5,500 x 3)
Loss of future of earnings 1,05,600.00
Towards medical and incidental 20,000.00
expenses
Loss of amenities 10,000.00
Total 1,82,100.00
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MFA No. 202489 of 2022
C/W MFA No. 202373 of 2022
MFA No. 202376 of 2022
HC-KAR AND 3 OTHERS
7. Taking into consideration the arguments advanced by the learned counsel appearing for the parties and the finding recorded by the Tribunal in MVC No.2065/2010, I have carefully examined the wound certificate produced at Ex.P1, wherein the claimant has sustained grievous injury. Though the treating Doctor has deposed 25 to 30% permanent disability, the Tribunal has committed an error in taking permanent disability at 5% instead of 10% ought to have been taken in the circumstances of the case. Taking into account the notional income of the claimant at Rs.5,500/- per month as per the guidelines of the Karnataka State Legal Services Authority and applying the proper multiplier of 15, the claimant is entitled for Rs.99,000/- (5500 x 12 x 15 x 10%) towards loss of future income on account of permanent disability suffered.
8. Taking into account the injury sustained by the claimant, the award of compensation towards other heads is re-assessed as follows:
Heads Amount
(in Rupees)
Pain and suffering 25,000.00
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MFA No. 202489 of 2022
C/W MFA No. 202373 of 2022
MFA No. 202376 of 2022
HC-KAR AND 3 OTHERS
Loss of earnings during laid up 16,500.00
period (Rs.5,500 x 3)
Loss of future of earnings 99,000.00
Towards medical and incidental 20,500.00
expenses
Loss of amenities 10,000.00
Total 1,71,000.00
9 Having taken note of the submissions made by the
learned counsel appearing for the parties and the finding recorded by the Tribunal in MVC No.2071/2010, it is not in dispute that the claimant sustained grievous injury on account of the accident occurred on 14.09.2010. Perusal of the evidence of P.W.8 - Orthopedic Surgeon and the disability certificate produced at Ex.P27, it is forthcoming that the injury No.7 is grievous in nature. Accordingly, the Tribunal ought to have taken the permanent disability to the extent of 12% instead of 5%. Applying the proper multiplier of 15, by considering the notional monthly income of the claimant at Rs.5,500/-, the claimant is entitled for Rs.1,18,800/- (5500 x 12 x 15 x 12%) towards loss of future income. Taking into account the injury
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MFA No. 202376 of 2022
HC-KAR AND 3 OTHERS
sustained by the claimant, particularly Traumatic amputation of right index finger, the award of compensation made by the Tribunal is re-assessed as follows:
Heads Amount
(in Rupees)
Pain and suffering 30,000.00
Loss of earnings during laid up 16,500.00
period (Rs.5,500 x 3)
Loss of future of earnings 1,18,000.00
Towards medical and incidental 20,000.00
expenses
Total 2,10,300.00
10. In the result, I pass the following:
ORDER
(i) The above Miscellaneous First Appeals are allowed in part.
(ii) The claimants in MVC Nos. in MVC Nos.2066/2010, 2067/2010 2070/2017 are held entitled for global compensation of Rs.1,00,000/- each (as against Rs.30,000/-
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awarded by the Tribunal), with interest at 6% per annum from the date of claim petition till realization.
In view of the order of this Court dated 11.01.2023, the claimant in MVC No.2066/2010 shall not be entitled for interest for a period of 79 days delay in filing this appeal.
(iii) The claimant in MVC No.2068/2010 is entitled for total compensation of Rs.1,82,100/- (as against the compensation of Rs.94,000/- awarded by the Tribunal), with interest at 6% per annum from the date of claim petition till realization.
(iv) The claimant in MVC No.2065/2010 is entitled for total compensation of Rs.1,71,000/- (as against the compensation of Rs.91,000/- awarded by the Tribunal), with interest at 6% per annum from the date of claim petition till realization.
(v) The claimant in MVC No.2071/2010 is entitled for total compensation of Rs.2,10,300/- (as against the compensation of Rs.1,10,000/- awarded by the Tribunal), with
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interest at 6% per annum from the date of claim petition till realization.
(vi) In all other respects, the common Judgment and Award passed by the Tribunal shall remain unaltered. Accordingly, the common Judgment and Award dated 18.01.2022 only with respect to MVC Nos.2065/2010, 2066/2010, 2067/2010, 2068/2010, 2070/2010 and 2071/2010, on the file of the I Additional Senior Civil Judge and MACT - VI, at Vijayapura, shall stand modified.
Sd/-
(E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 32 CT:PK