The Manager Vs Lokesh Mastappa Naik — Motor Accident Claims | Karnataka HC (2025)

The Manager Vs Lokesh Mastappa Naik — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed; judgment and award dated 17.05.2024 in MVC No.739/2021 modified — claimant entitled to Rs.3,97,345/- with 6% interest per annum from the date of petition till realization (as against Rs.9,41,165/-); appellant-insurer to deposit within one month, with refund of any excess already deposited; statutory deposit of Rs.25,000/- to be transferred to the MACT; petitioner permitted to withdraw the entire amount with accrued interest; Trial Court records to be returned to the Tribunal.

Issue for consideration

Whether the compensation of Rs.9,41,165/- awarded by the Tribunal was excessive, having been fixed without examination of the treating doctor or of the issuer of the Ex.P57 disability certificate. +1 more

Court's answer

As the petitioner failed to examine the Doctor, the quantum for injuries was re-assessed on the nature of injuries in the Wound Certificate; Rs.55,000/- awarded towards 'injuries'.

Ratio / Principle

Rs.25,000/- awarded for 'pain and suffering' and Rs.25,000/- towards 'loss of amenities', considering the nature of injuries.

Key takeaways

Rs.1,87,345/- awarded towards 'medical expenses' and Rs.30,000/- towards 'conveyance, diet and attendants charges'.ratio¶¶55
Income unproved; monthly income fixed at Rs.15,000/- per the KSLSA guidelines (accident of year 2021); about five months' laid-up period assumed; Rs.75,000/- (15,000 x 5) awarded towards loss of income during laid-up period.ratio¶¶56
Aggregate compensation reduced from Rs.9,41,165/- to Rs.3,97,345/-, payable with interest at 6% per annum from the date of petition till the date of deposit/realization.

Detailed headnote1 paragraphs

Insurer's appeal under S.173(1) MV Act, 1988 (Bajaj Allianz GIC Ltd.) against the Senior Civil Judge & Additional MACT, Kundapura award dated 17.05.2024 in MVC No.739/2021 granting the injured claimant (aged 37, working as 'Coolie'; right femur, tibia and fibula shaft fractures in a 2021 accident) Rs.9,41,165/- with 6% interest. The Ex.P57 Medical Board disability certificate (assessing 67%) stood unproved — neither the treating doctor nor its issuer was examined; the Tribunal had taken one-third of 67%, i.e., 20% disability, and the appellant contended that the added 40% towards future prospects was wrong and the award excessive. Holding that, absent medical evidence, quantum must rest on the Wound Certificate injuries, the High Court re-fixed the heads: injuries Rs.55,000; pain and suffering Rs.25,000; loss of amenities Rs.25,000; medical expenses Rs.1,87,345; conveyance/diet/attendants Rs.30,000; loss of income during laid-up period Rs.75,000 (Rs.15,000/month x 5 months, income per KSLSA guidelines for a 2021 accident). Compensation reduced to Rs.3,97,345/- with 6% interest from the date of petition; appeal allowed; insurer to deposit within one month with refund of excess; statutory deposit of Rs.25,000/- to the MACT; Trial Court records to be returned.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA

MISCELLANEOUS FIRST APPEAL NO.5139 OF 2024(MV-I)

BETWEEN:

THE MANAGER

BAJAJ ALLIANZ GIC LTD., SERVICE OFFICE: KUNDAPURA NEAR R.N. SHETTY HALL ON NH-66, KUNDAPURA NOW REP. BY THE LEGAL MANAGER BAJAJ ALLIANZ GIC LTD., 4^TH FLOOR, 59^TH ‘C’ CROSS GOLDEN HEIGHTS BUILDING 4^TH ‘M’ BLOCK BENGALURU-560010.

…APPELLANT

Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

(BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. PRADEEP B., ADVOCATE)

AND:

LOKESH MASTAPPA NAIK S/O MASTAPPA NAIK AGED ABOUT 40 YEARS R/O H.NO.146, BAGGIMANE MUTTALLI, BHATKAL UTTARA KANNADA.

GAJANANA V. NAIK S/O VENKATARAMANA NAIK AGED ABOUT 37 YEARS R/O MASIKAMANE

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TENGINAGUNDI, HOBLE BHATKAL.

…RESPONDENTS

(VIDE ORDER DATED 05.08.2024, NOTICE TO R2 IS DISPENSED WITH; VIDE ORDER DATED 23.09.2024, NOTICE TO R1 HELD SUFFICIENT)

MFA FILED IS UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 17.05.2024 PASSED IN MVC NO.739/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, AWARDING COMPENSATION OF RS.9,41,165/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.

THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

This appeal is filed by the appellant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 17.05.2024 passed in MVC No.739/2021, by the Senior Civil Judge and Additional MACT at Kundapura, for enhancing the compensation.

Heard the arguments of learned counsel

appearing for the appellant. Notice to respondent No.1 is held sufficient vide order dated 23.09.2024 and notice to

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respondent No.2 is dispensed with vide order dated 05.08.2024.

The status of the parties before the Tribunal is retained for the sake of convenience.

It is the case of injury. The injured claimant aged 37 years filed claim petition claiming compensation of Rs.50,00,000/- with interest at the rate 12% per annum.

Learned counsel for the appellant-Insurance Company contended that the petitioner himself was examined as P.W.1 and he has not examined any Doctor, who treated him. But, the Tribunal considered the disability at 20% and granted compensation of Rs.9,41,165/- with interest at the rate of 6% per annum from the date of petition, till the date of deposit. Aggrieved by the said order, appellant-Insurance Company preferred an appeal and disputed the amount of compensation granted by the Tribunal. It is contended that even without any medical evidence, 20% disability was

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taken basing on Ex.P57-Disability Certificate issued by the Medical Board. The concerned person, who issued the Certificate is not examined before the Tribunal. It is further contended that 40% towards future prospects was wrongly added and the compensation awarded is on higher side and thus, requested this Court to set aside the order of the Tribunal.

As per the Wound Certificate, the petitioner has

sustained the following injuries:

“1) Abrasion, reddish, measuring 4x1 cm present over the back of right elbow joint.

2) Laceration, measuring 2x3 cm x subcutaneous tissue deep over inner aspect of right thigh, 2 cm above knee joint.

3) Laceration, measuring 2x2 cm x subcutaneous tissue deep present over the back and outer aspect of right ankle joint”.

As per the X-ray report, the petitioner has

sustained the following fractures:

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“Right femur shaft fracture. Right tibia shaft fracture. Right fibula shaft fracture”.

The injuries sustained by the petitioner are

grievous in nature. Though petitioner filed Ex.P57-

Disability Certificate issued by the Medical Board, he has not examined any other person to prove the said document. In the said Disability Certificate, his disability was assessed at 67% and the Tribunal has considered 1/3^rd of 67% and taken the disability at 20% and calculated the amount. As the petitioner failed to examine the Doctor, considering the nature of injuries sustained by the petitioner as per the Wound Certificate, this Court finds it reasonable to grant an amount of Rs.55,000/towards ‘injuries’. Initially, the petitioner took first aid in Bhatkal Government Hospital and then, shifted to KMC Hospital, Manipal for treatment, wherein surgery was done, implants were inserted and he was discharged on 01.04.2021. Again, he was admitted on 13.04.2022 for

removal of implants and discharged on 15.04.2022. Later,

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he took treatment in OPD, K.S. Hegde Hospital, Mangalore. Considering the nature of injuries, this Court finds it reasonable to grant an amount of Rs.25,000/- for ‘pain and suffering, Rs.25,000/towards ‘loss of amenities’. This Court also finds it reasonable to grant an amount of Rs.1,87,345/- towards ‘medical expenses’ and Rs.30,000/- towards ‘conveyance, diet and attendants charges’.

The petitioner was aged 37 years and working as ‘Coolie’ and stated that he was getting an income of Rs.25,000/- per month, but he has not filed any document or examined any person to prove the income. The accident is of the year 2021, as per the guidelines of Karnataka State Legal Services Authority, income is to be taken as Rs.15,000/- per month. Due to the injuries sustained in the accident, he might not have attended any other work atleast for a period of 5 months. Hence, towards ‘loss of income during laid up period, an amount of Rs.75,000/(15,000 x 5) is awarded.

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Thus in all, award of compensation passed by

the Tribunal is modified as under:

Particulars	Amount in Rs.
Injuries	55,000.00
Pain and suffering	25,000.00
Loss of amenities	25,000.00
Medical Expenses	1,87,345
Conveyance, diet and	30,000.00
attendants charges
Loss of income during laid	75,000.00
up period
Total	3,97,345.00

Hence, the compensation is reduced from

Rs.9,41,165/- to Rs.3,97,345/- along with interest at 6%

per annum from the date of petition till the date of deposit.

In the result, the following order is passed:

ORDER

i. Appeal is allowed.

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ii. The judgment and award dated 17.05.2024 passed in MVC No.739/2021 by Senior Civil Judge and Additional MACT at Kundapur is modified;

iii. The claimant is entitled to a sum of

Rs. 3,97,345 /- along with interest at 6% per annum from the date of petition till the date of realization as against Rs.9,41,165/-

iv. The appellant-Insurance Company is directed to deposit the said amount within one month from the date of this order.

v. Petitioner is permitted to withdraw the entire amount along with interest accrued on the same.

vi. Registry is directed to return the Trial Court records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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vii. The appellant-Insurance Company has already deposited 50% of the compensation at the time of filing the appeal. The appellant-Insurance Company to calculate the actual amount to be paid

as per this appeal and if any excess amount is deposited, they are entitled for refund of excess amount.

viii. Statutory deposit of Rs.25,000/- deposited by the appellant-Insurance company shall be transferred to the MACT.

ix. Draw award accordingly.

Sd/(P SREE SUDHA) JUDGE

ST

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