Smt. Niveditha W/O Vinaykumar C Vs Sri. Vinay Kumar S/O Suresh C

SMT. SHIVAPUTRA BAI CHAKRAD W/O BASAVARAJ CHAKRAD, AGE: 72 YEARS, OCC: HOME MAKER AND BUSINESS, R/O: KAMPLI, NOW AT: MARALI, TQ: GANGAVATHI, DIST: KOPPAL-583 227.

¶14

… APPELLANT

¶15

VIJAYALAKSHMI M KANKUPPI

¶16

(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)

¶17

AND:

¶18

Digitally signed by VIJAYALAKSHMI M KANKUPPI Date: 2026.01.05 15:22:57 +0530

¶19

SRI. VINAY KUMAR S/O SURESH C., AGE: 59 YEARS, OCC: DRIVER OF TATA VENTURE CAR KA-35/N-1439, R/O: KAMPLI, TQ: HOSAPETE, DIST: BALLARI-583 132.

¶20

SRI. SURESH S/O BASAVARAJ CHAKRAD, AGE: 59 YEARS, OCC: BUSINESS, R/O: KAMPLI, TQ: HOSAPETE, DIST: BALLARI-583 132.

¶21

THE MANAGER, NATIONAL INSURANCE COMPANY LTD.,

¶22

2 -

¶23

NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 MFA No. 100820 of 2022

¶24

HC-KAR

¶25

STATION ROAD, HOSAPETE, DIST: BALLARI-583 201.

¶26

… RESPONDENTS

¶27

(BY SRI. RAJESH B. RAJANAL, ADVOCATE FOR R3; R1 AND R2-DISPENSED WITH)

¶28

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 01.04.2021, PASSED IN M.V.C. NO.33/2019 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI.

¶29

IN MFA NO. 101244 OF 2021: BETWEEN:

¶30

THE MANAGER, NATIONAL INSURANCE COMPANY LTD., STATION ROAD, HOSAPETE, DIST: BALLARI, NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER.

¶31

… APPELLANT

¶32

(BY SRI. RAJESH B. RAJANAL, ADVOCATE)

¶33

AND:

¶34

SMT. SHIVAPUTRA BAI CHAKRAD W/O. BASAVARAJ CHAKRAD, AGE: 72 YEARS, OCC: HOUSEWIFE AND BUSINESS, R/O: KAMPLI, NOW AT: MARALI, TQ: GANAGAVATHI, DIST: KOPPAL-583 227.

¶35

SRI. VINAY KUMAR S/O. SURESH C., AGE: 59 YEARS, OCC: DRIVER OF TATA VENTURE CAR NO.KA-35/N-1439, R/O: KAMPLI, TQ: AND DIST: HOSAPETE-583 114.

¶36

SRI. SURESH S/O. BASAVARAJ CHAKRAD, AGE: 59 YEARS, OCC: BUSINESS, R/O: KAMPLI,

¶37

3 -

¶38

NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 HC-KAR MFA No. 100820 of 2022

¶39

TQ: AND DIST: HOSAPETE-583 114.

¶40

… RESPONDENTS

¶41

(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R1; R2 AND R3-SERVED)

¶42

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 01.04.2021 PASSED IN MVC NO.33/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI.

¶43

IN MFA NO. 101245 OF 2021: BETWEEN:

¶44

THE MANAGER, NATIONAL INSURANCE COMPANY LTD., STATION ROAD, HOSAPETE, DIST: BALLARI, NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER.

¶45

… APPELLANT

¶46

(BY SRI. RAJESH B. RAJANAL, ADVOCATE)

¶47

AND:

¶48

SMT. NIVEDITHA W/O. VINAYKUMAR C., AGE: 24 YEARS, OCC. HOUSE WIFE AND BUSINESS, R/O: KAMPLI, NOW AT: MARALI, TQ: GANGAVATHI, DIST: KOPPAL-583 227.

¶49

SRI. VINAY KUMAR S/O. SURESH C., AGE: 59 YEARS, OCC: DRIVER OF TATA VENTURE CAR NO.KA-35/N-1439, R/O: KAMPLI, TQ: AND DIST: HOSAPETE-583 114.

¶50

SRI. SURESH S/O. BASAVARAJ CHAKRAD, AGE: 59 YEARS, OCC: BUSINESS, R/O: KAMPLI, TQ: AND DIST: HOSAPETE-583 114.

¶51

… RESPONDENTS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R1; R2 AND R3-SERVED)

¶52

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND

¶53

4 -

¶54

NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 HC-KAR MFA No. 100820 of 2022

¶55

AWARD DATED 01.04.2021 PASSED IN MVC NO.27/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI.

¶56

IN MFA NO. 100820 OF 2022: BETWEEN:

¶57

SMT. NIVEDITHA W/O. VINAYKUMAR C., AGE: 25 YEARS, OCC. HOUSE MAKER AND BUSINESS, R/O: KAMPLI, NOW AT: MARALI, TQ: GANGAVATHI, DIST: KOPPAL-583 227.

¶58

… APPELLANT

¶59

(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)

¶60

AND:

¶61

SRI. VINAY KUMAR S/O SURESH C., AGE: 59 YEARS, OCC: DRIVER OF TATA VENTURE CAR KA-35/N-1439, R/O: KAMPLI, TQ: HOSAPETE, DIST: BALLARI-583 132.

¶62

SRI. SURESH S/O BASAVARAJ CHAKRAD, AGE: 59 YEARS, OCC: BUSINESS, R/O: KAMPLI, TQ: HOSAPETE, DIST: BALLARI-583 132.

¶63

THE MANAGER, NATIONAL INSURANCE COMPANY LTD., STATION ROAD, HOSAPETE, DIST: BALLARI-583 201.

¶64

… RESPONDENTS

¶65

(BY SRI. RAJESH B. RAJANAL, ADVOCATE FOR R3; R1 AND R2-DISPENSED WITH)

¶66

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 01.04.2021 PASSED IN MVC NO.27/2019 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI.

¶67

5 -

¶68

NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 HC-KAR MFA No. 100820 of 2022

¶69

THESE APPEALS ARE COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER:

¶70

ORAL JUDGMENT

¶71

(PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR)

¶72

MFA Nos.100815/2022 and 100820/2022 are filed by the claimants seeking enhancement of compensation, whereas, MFA Nos.101244/2021 and 101245/2021 are filed by the insurance company challenging the common judgment and award dated 01.04.2021, passed by the Senior Civil Judge and MACT, Gangavathi, in MVC Nos.33 and 27/2019 respectively, questing liability fastened on it to pay compensation.

¶73

Heard the arguments of learned counsels appearing for the respective parties and perused the trial Court records and the material before the Court.

¶74

The insurance company has filed the appeals on

¶75

the ground that cheque issued for payment of premium by the owner was dishonoured. Therefore, insurance company is not liable to pay compensation, but owner alone is liable to

¶76

6 - NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 HC-KAR MFA No. 100820 of 2022

¶77

pay compensation. Therefore, on this ground, preferred these two appeals.

¶78

In the present case, on 07.05.2018, at about 6.00 p.m., the accident occurred. The owner has purchased insurance policy by paying premium amount through cheque. The cheque was presented on 10.05.2018, but it was dishonoured. Quite naturally, notice has been issued subsequent to dishonour of cheque. Therefore, till the notice of dishonour is reached to the owner, till then, the liability of the insurance company is in existence. The insurance company is exonerated from its liability on the very day notice of dishonour of cheque is reached to the owner. But, till then, the liability is in existence. Therefore, considering these undisputed factual scenario, cheque is presented on 10.05.2018 after the date of accident. The date of accident is on 07.05.2018. This issue is squarely covered by judgment

¶79

of this Court in MFA No.24732/2011 dated 21.02.2025 between Sri. P. Yadava Rao S/o. Mallaiah and Sri. Ramaiah s/o. Sriramulu and Others . Therefore, the

¶80

7 - NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 HC-KAR MFA No. 100820 of 2022

¶81

insurance company is liable to pay compensation. Therefore, the appeals filed by insurance company are liable to be dismissed. Accordingly, dismissed.

¶82

Regarding Quantum of Compensation in MFA No.100815/2022 (MVC No.33/2019):

¶83

In the present case, from the medical evidence

¶84

on record, it is proved that the claimant had suffered the following injuries.

¶85

“i. Fracture of surgical right humerus.

¶86

ii. Communited fracture of right ulna.”

¶87

The Tribunal has awarded compensation under

¶88

various heads as under:

¶89

Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards pain and sufferings.	10,000/-
2.	Towards loss of amenities in life	10,000/-
3.	Loss of earning during treatment	10,000/-
4.	Diet, Nourishment, Attendants charges and conveyance.	25,000/-
5.	Loss of future income	36,000/-
6.	Medical reimbursement	51,758/-
	Total:	1,42,758/-

¶90

8 - NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 HC-KAR MFA No. 100820 of 2022

¶91

Considering the nature of injuries sustained,

¶92

compensation awarded by the Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.

¶93

Considering the injuries sustained, a

¶94

compensation of Rs.30,000/- towards pain and suffering, Rs.40,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges is Rs.51,758/- as per the medical bills and receipts produced; therefore, the same is kept intact. Rs.23,500/-(11,750 x 2) towards loss of earning during treatment period for a period of two months and other heads are kept intact.

¶95

Thus, the claimant is entitled for total

¶96

compensation under various heads as under:

¶97

Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards pain and sufferings.	30,000/-
2.	Towards loss of amenities in life	40,000/-
3.	Loss of earning during treatment	23,500/-
4.	Diet, Nourishment, Attendants charges and conveyance.	25,000/-

¶98

9 - NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 HC-KAR MFA No. 100820 of 2022

¶99

5.	Loss of future income		36,000/-
6.	Medical reimbursement		51,758/-
		Total:	2,06,258/-

¶100

Therefore, the claimant is entitled for total

¶101

compensation of Rs.2,06,258/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,42,758/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.

¶102

Regarding Quantum of Compensation in MFA No.100820/2022 (MVC No.27/2019):

¶103

In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injury.

¶104

”Fracture of lower end of right radius.”

¶105

The Tribunal after considering the facts and circumstances and evidence on record, has awarded total compensation of Rs.1,85,065/- along with interest at the

¶106

10 - NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 HC-KAR MFA No. 100820 of 2022

¶107

rate of 6% per annum from the date of petition till the date

¶108

of realization, under the following heads:

¶109

Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards pain and sufferings.	10,000/-
2.	Towards loss of amenities in life	10,000/-
3.	Loss of earning during treatment	10,000/-
4.	Diet, Nourishment, Attendants charges and conveyance.	25,000/-
5.	Loss of future income	1,29,600/-
6.	Medical reimbursement	465/-
	Total:	1,85,065/-

¶110

Further, upon considering the nature of injuries

¶111

sustained, compensation awarded by tribunal is on lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.

¶112

Considering the injuries sustained, a compensation of Rs.20,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.465/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Rs.23,500/-(11,750 x 2) towards loss of earning during

¶113

11 - NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 HC-KAR MFA No. 100820 of 2022

¶114

treatment period for a period of two months and other heads are kept intact.

¶115

The doctor- PW.3 has stated that the claimant

¶116

had suffered 8 to 10% of physical disability to the whole body. Therefore, considering the evidence of the doctor, 10% functional disability is taken into consideration as the claimant had suffered grievous injuries i.e., fracture of lower end of right radius.

¶117

The accident is caused on 07.05.2018. The claimant was doing business by profession. Therefore, in the absence of proof of income, notional income of Rs.11,750/per month is to be taken into consideration for the accident year 2018, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 22 years at the time of accident. Therefore appropriate applicable multiplier is ‘18’. Hence, loss of future income due to disability is hereby re-assessed and quantified as Rs.2,53,800/(Rs.11,750 x 10% x 12 x 18).

¶118

NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 HC-KAR MFA No. 100820 of 2022

¶119

12 -

¶120

Thus, the claimant is entitled for total

¶121

compensation under various heads as under:

¶122

Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards pain and sufferings.	20,000/-
2.	Towards loss of amenities in life	15,000/-
3.	Loss of earning during treatment	23,500/-
4.	Diet, Nourishment, Attendants charges and conveyance.	25,000/-
5.	Loss of future income	2,53,800/-
6.	Medical reimbursement	465/-
	Total:	3,37,765/-

¶123

Therefore, the claimant is entitled for total compensation of ***** Rs.3,37,765/- , along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against ***** Rs.1,85,065/ - awarded by the Tribunal. The Insurance Company is directed to deposit the compensation amount within eight weeks from the date of receipt of a certified copy of this judgment.

¶124

In the result, I proceed to pass the following:

¶125

ORDER

¶126

i. MFA Nos.101244/2021 and 101245/2021 filed by insurance company are dismissed.

¶127

*Corrected Vide Court Order dated 17.12.2025

¶128

SD/(HSJ)

¶129

13 -

¶130

NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 MFA No. 100820 of 2022

¶131

HC-KAR

¶132

ii. MFA Nos.100815/2022 and 100820/2022 are allowed in part.

¶133

iii. The common judgment and award dated 01.04.2021, passed by the Senior Civil Judge and MACT, Gangavathi, in MVC Nos.33 and 27/2019, is modified.

¶134

iv. The claimant in MFA No.100815/2022 is entitled for total compensation of **_Rs.2,06,258/-_* , along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against **_Rs.1,42,758/-_* awarded by the Tribunal.

¶135

v. The claimant in MFA No.100820/2022 is entitled for total compensation of **_Rs.3,37,765/-_* , along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against **_Rs.1,85,065/-_* awarded by the Tribunal.

¶136