Shri Baburao Chandrakant Jadhav Vs Dishesh Yallappa Jadhav

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 16.05.2025 PASSED IN M.V.C. NO.1842/2024 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, BY ALLOWING THIS MISCELLANEOUS FIRST APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.

¶20

2 - NC: 2026:KHC-D:1734 MFA No. 103406 of 2025

¶21

HC-KAR

¶22

THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶23

CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

¶24

ORAL JUDGMENT

¶25

Aggrieved by the award passed in MVC No.1842/2024 dated 16.05.2025 by the IX-Additional District and Sessions Judge and Member Additional M.A.C.T., Belagavi, (for short “the Tribunal”), the claimant is before this Court seeking enhancement of the compensation.

¶26

The Tribunal has awarded the compensation as per

¶27

the table given below:

¶28

Sl. No.	Head		A	mount
1.	Towards Pain and agony	:	Rs.	20,000/-
2	Towards inpatient charges	:	Rs.	8,000/-
3	Towards medical and hospital expenses	:	Rs.	35,571/-
4	Towards food and nourishment	:	Rs.	5,000/-
5	Towards loss of income due to disability	:	Rs.	1,71,990/-
6	Loss of income during laid up period	:	Rs.	31,500/-
	Total	:	Rs.	2,72,061/-

¶29

3 - NC: 2026:KHC-D:1734 MFA No. 103406 of 2025

¶30

HC-KAR

¶31

Learned counsel appearing for the appellant/claimant submits that as per the evidence of the doctor, the claimant has suffered 30% disability to the limb. The Tribunal ought to have taken the disability as 10% but had taken it as 7%. It is submitted that even under the other heads also, the amount of compensation awarded by the Tribunal is not just unreasonable and prays to enhance the compensation amount.

¶32

It is submitted by the learned counsel for the respondent No.2/Insurance Company that the Tribunal has granted reasonable amount of compensation and there are no grounds to interfere with the award passed by the Tribunal. Hence, prays for dismissal of the appeal.

¶33

Having heard the learned counsels on either side, perused the material on record.

¶34

The appellant/claimant had sustained one fracture and hence, this Court is granting an amount of Rs.40,000/towards pain and sufferings. The amount of compensation awarded by the Tribunal under the head of inpatient charges, medical expenses, food and nourishment is just and reasonable

¶35

4 - NC: 2026:KHC-D:1734 MFA No. 103406 of 2025

¶36

HC-KAR

¶37

and there is no ground to interfere with the award passed by the Tribunal.

¶38

As the accident had occurred in the year 2024, the monthly income of Rs.15,750/- taken by the Tribunal is correct as per the chart prepared by the Karnataka Legal Services Authority. Coming to the loss of income due to disability, when the doctor has deposed 30% disability to the limb, the Tribunal ought to have taken the disability as 10%, but without any basis, had taken it as 7% and hence, this Court is inclined to take the disability as 10%. After taking the disability as 10% the claimant is entitled for an amount of Rs.2,45,700/- [Rs.15,750 x 12 (months) x 13 (multiplier) x 10% (disability)] towards loss of income due to disability.

¶39

Coming to the loss of income during the laid up period, this Court is inclined to grant Rs.47,250/- (Rs.15,750 x 3 months). Considering the fracture injury sustained by the claimant this Court is granting Rs.20,000/- towards loss of amenities.

¶40

In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND

¶41

5 - NC: 2026:KHC-D:1734 MFA No. 103406 of 2025

¶42

HC-KAR

¶43

ANOTHER¹ , the claimant is entitled for an amount of Rs.10,000/- towards legal expenses.

¶44

Altogether, the claimant is entitled for an amount of Rs.4,11,521/- as against Rs.2,72,061/- awarded by the Tribunal.

¶45

11.The claimant is therefore, entitled to the

¶46

compensation under the following heads:

¶47

Sl. No.	Head			Amount awarded by the Tribunal	Amount awarded by this Court.
1.	Towards Pain and agony	:	Rs.	20,000/-	40,000/-
2	Towards inpatient charges	:	Rs.	8,000/-	8,000/-
3	Towards medical and hospital expenses	:	Rs.	35,571/-	35,571/-
4	Towards food and nourishment	:	Rs.	5,000/-	5,000/-
5	Towards loss of income due to disability	:	Rs.	1,71,990/-	2,45,700/-
6	Loss of income during laid up period	:	Rs.	31,500/-	47,250/-
7.	Towards legal expenses	:	Rs.	00/-	10,000/-
8.	Loss of amenities	:	Rs.	00/-	20,000/-
	Total	:	Rs.	2,72,061/-	4,11,521/-

¶48

1 (2014) 11 SCC 178

¶49

6 - NC: 2026:KHC-D:1734 MFA No. 103406 of 2025

¶50

HC-KAR

¶51

i. Accordingly, the Appeal is partly allowed by enhancing the compensation from an amount of Rs.2,72,061/- to Rs.4,11,521/-.

¶52

ii. The enhanced amount shall carry interest at 6% p.a. from the date of petition till the date of realization.

¶53

iii. The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security.

¶54

iv. Registry is directed to send certified copy of the order passed by this Court forthwith without any delay.

¶55

v. No costs.

¶56

vi. Pending miscellaneous petitions, if any, shall stand closed.

¶57

Sd/JUSTICE LALITHA KANNEGANTI

¶58

YAN, CT: UMD List No.: 1 Sl No.: 28

Shri Baburao Chandrakant Jadhav v. Dishesh Yallappa Jadhav

Case brief

What is this about?

What did the court decide?

Shri Baburao Chandrakant Jadhav v. Dishesh Yallappa Jadhav

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

P Mohammed Rasool S/O Ismail Vs the Government Chief Executive Officer Food Civil Supplies and Consumer

Smt Rahamatbi W/O. Abdulsalam Vs Miyajan S/O. Muktumsab Abbigeri

Shri Neelakant S/O Basalingappa Indishetter Vs Shri Shankar S/O Shiddappa Chungadi

The Divisional Controller Vs Smt Hanamavva W/O Mallappa Hirala

Basappa R Chakalabbi S/O Rudrappa Vs State of Karnataka

Veerayya Vs the District