- 1 - HC-KAR NC: 2025:KHC-K:3377 MFA No. 201899 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO. 201899 OF 2023 (MV-I) BETWEEN: JAYASHREE W/O CHIDANAND BHAJANTRI, AGE: 33 YEARS, OCC: COOLIE AND HOUSEHOLD WORK, R/O: LACHYAN, TQ: INDI, DIST: VIJAYAPURA. NOW RESIDING IN VIJAYAPURA – 586 101. …APPELLANT (BY SRI SANGANAGOUDA V.BIRADAR, ADVOCATE) AND: 1. SALEEM SHEIKH, AGE: MAJOR, OCC: BUSINESS, R/O: SANJAWAD, TQ: SOUTH SOLAPUR, DIST: SOLAPUR – 416 416. 2. THE BRANCH MANAGER, THE NEW INDIA INSURANCE CO. LTD., GURUKUL ROAD, VIJAYAPURA – 586 101. 3. BIRAPPA S/O RAMA VAGARE AGE: MAJOR, OCC: BUSINESS, R/O: AUJ (A) SHINGADAGAON, DIST: SOLAPUR – 413 001. …RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2; NOTICE TO R1 AND R3 ARE DISPENSED WITH) Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3377 MFA No. 201899 of 2023 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THIS APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 08.12.2022 PASSED BY PRL. SENIOR CIVIL JUDGE AND THE MACT-V, VIJAYAPUR IN MVC NO.1201/2018 AND CONSEQUENTLY BE PLEASED TO ENHANCE THE COMPENSATION FROM RS.15,81,600/- TO RS.33,00,000/- THE APPEAL ARE RESTRICTED RS.15,00,000/- WITH INTEREST AT 12 % PER ANNUM FROM THE DATE OF PETITION TILL ACTUAL REALIZATION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 08.12.2022 passed by Prl. Senior Civil Judge and MACT-V, Vijayapura, (for short, 'Tribunal') in MVC no.1201/2018, this appeal is filed. 2. Sri Sanganagouda V Biradar, learned counsel submitted, appeal was by claimant for enhancement of compensation. It was submitted, on 23.09.2016, when claimant along with others were proceeding in Auto rikshaw bearing registration no.KA-28/A-1054 from Lachyan to Indi, Jeep bearing registration no.MH-13/N-2630 driven by its driver in rash and negligent manner and dashed against Auto causing accident. In accident, she sustained several fractural injuries. Despite taking treatment at Vasudev and Matoshree Hospitals, - 3 - HC-KAR NC: 2025:KHC-K:3377 MFA No. 201899 of 2023 Vijayapura, she did not recover fully. Due to amputation of right leg below knee, she became permanently disabled. Therefore, she filed claim petition under Section 166 of MV Act against owner and insurer of Jeep. 3. On contest, wherein owner remained ex parte and insurer opposed appeal on all grounds. Tribunal framed issues and recorded evidence. Claimant examined herself and Dr.SV Havinal, as PWs.1 and 2. Exhibits P.1 to P.14 were marked. Insurer did not lead oral evidence, but got marked certified copy of Insurance policy as Ex.R1. 4. On consideration, tribunal held accident was due to rash and negligent driving of insured vehicle by its driver and claimant had sustained injuries causing permanent physical disability leading to loss of earning capacity. It assessed compensation and held insurer liable to pay same. Dissatisfied with award, claimant is in appeal. 5. It was submitted, claimant sustained crush Grade- III compound injury to right tibia and fibula and right femur with internal nailing and amputation of right leg below knee. - 4 - HC-KAR NC: 2025:KHC-K:3377 MFA No. 201899 of 2023 Under such circumstances, award of Rs.50,000/- towards ‘pain and suffering’ was on lower side. It was submitted, on account of amputation, claimant had lost earning capacity during period of layoff for more than six months. Tribunal awarded only Rs.21,300/-. It was further submitted, award of Rs.50,000/- towards ‘loss of amenities’ was also not justified and no compensation was awarded towards disfigurement, artificial limb and its periodical replacement. On said ground, sought for enhancement. 6. On other hand, Smt.Preeti Patil Melkundi, learned counsel opposed appeal. It was submitted, tribunal had assessed compensation based on material available and same did not call for interference. 7. Heard learned counsel and perused impugned judgment and award. 8. From above and since it is claimant’s appeal for enhancement, point that would arises for consideration is: “Whether claimant is entitled for enhancement of compensation as sought for?” - 5 - HC-KAR NC: 2025:KHC-K:3377 MFA No. 201899 of 2023 9. As noted by tribunal claimant sustained several fractural injuries ie., grade III compound injury to right tibia and fibula and right femur with nailing and amputation of right limb below knee. Under such circumstances, award of Rs.50,000/- towards ‘pain and suffering’ would be grossly inadequate, it would be appropriate to enhance it to Rs.1,50,000/-. 10. Taking note of ratio laid down by Hon’ble Supreme Court in Raj Kumar v. Ajay Kumar & Anr. reported in (2011) 1 SCC 343, award of Rs.50,000/- towards ‘loss of amenities, life comforts etc.’, would be inadequate, it would be appropriate to award Rs.1,50,000/- for same. 11. Tribunal awarded Rs.5,67,800/- towards ‘medical expenses’ against bills produced. Since there is full reimbursement, there would be no scope for enhancement. 12. Normally, in case of amputation of lower limb, claimant may be deemed to be away from employment for six months. Taking said period, it would be appropriate to award - 6 - HC-KAR NC: 2025:KHC-K:3377 MFA No. 201899 of 2023 Rs.52,500/- towards ‘loss of income during laid up period’ as against Rs.21,300/- awarded by tribunal. 13. PW.2 – doctor assessed limb disability at 75%. Tribunal considered functional disability at 50%. Taking note of amputation of right lower limb below knee and that artificial limb would mitigate inconvenience due to loss of limb to certain extent as well as possibility of claimant doing other jobs, assessment of functional disability at 50% appears to be adequate/commensurate to facts and circumstances of present case. Therefore, same is sustained. However, Hon’ble Supreme Court in Mohd. Sabeer @ Shabir Hussain v. Regional Manager, U.P., State Board Transport Corporation reported in (2022) 18 SCR 427, has held even in case of personal injury claims, future prospects would require to be added to monthly income. Following said ratio and taking note of fact that claimant was 28 years of age, 40% has to be added to monthly income. Thus, compensation under head of future loss of income would require calculation as follows: (Rs.8,750/-+40%)x12x50%x17=Rs.12,49,500/- - 7 - HC-KAR NC: 2025:KHC-K:3377 MFA No. 201899 of 2023 14. Tribunal has not awarded any compensation towards artificial limb, it’s periodical maintenance and replacement as well as disfigurement. It is appropriate to award Rs.1,00,000/- towards same. Thus compensation is recomputed as under: Sl.No. Different Heads Compensation Amount. 1 Pain and sufferings Rs.1,50,000/- 2 Medical bills incurred and future medical expenses, attendant, conveyance, Nourishing food, and other incidental expenses. Rs.5,67,800/- 3 Loss of income during laid-up period Rs.52,500/- 4 Loss of future income on account of permanent disability. Rs.12,49,500/- 5 Loss of Amenities, Life comforts and expectancy of life. Rs.1,50,000/- 6 Future medical expenses(replacement of artificial limb etc.) Rs.1,00,000/- Total Rs.22,69,800/ 15. Point for consideration is answered partly in affirmative as above. Consequently, following: ORDER i. Appeal is allowed in part, judgment and award dated 08.12.2022 passed by Prl. Senior Civil Judge and MACT-V, Vijayapura, in MVC no.1201/2018 is modified. Claimant is held entitled for total compensation of `22,69,800/- as against `15,81,000/- awarded by Tribunal - 8 - HC-KAR NC: 2025:KHC-K:3377 MFA No. 201899 of 2023 with interest at rate of 6% per annum from date of claim petition till realization. ii. Insurer is held liable to pay same and is directed to deposit same with interest before Tribunal within four weeks. iii. Conditions imposed by Tribunal about deposit and release would apply to enhanced compensation proportionately. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 1 Sl No.: 16 Ct;Vk