- 1 - NC: 2025:KHC-K:2137 MFA No. 201893 of 2019 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.201893 OF 2019 (MV-I) BETWEEN: SURYAKANT @ SURESH S/O BHIMSHA JIROLE, AGE: 29 YEARS, OCC: COOLIE (NOW NILL), R/O KHANDAL, TQ. ALAND, DIST. KALABURAGI-585 302. …APPELLANT (BY SRI. ANANTH S. JAHAGIRDAR, ADVOCATE) AND: 1. MAHADEV S/O KISHAN JADHAV, AGE: 36 YEARS, OCC: BUSINESS & OWNER OF APE PIAGGIO AUTO RICKSHAW NO. MH 25/N-0220, R/O TURRORI VILLAGE, TQ. OMARGA, DIST. OSMANABAD-413 606. 2. NEW INDIA ASSURANCE COMPANY LIMITED, MICRO OFFICE, OMARGA SHANTAI COMPLEX, NEAR SHRIRAM THEATER, MAIN ROAD OMARGA, THROUGH THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, SANGAMESHWAR NAGAR, MAIN ROAD, KALABURAGI-585 101. …RESPONDENTS (BY SRI. MALLANNA REDDY, ADV. FOR R2; R1-SERVED) Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2137 MFA No. 201893 of 2019 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFYING THE IMPUGNED JUDGMENT AND AWARD DATED 27.04.2019 PASSED BY THE SENIOR CIVIL JUDGE AND MACT AT ALAND IN MVC NO.334/2018 BY ENHACING THE COMPENSATION AWARDED. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C M JOSHI) Heard the learned counsel for the appellant and learned counsel for respondents. 2. Being aggrieved by the judgment and award in MVC No.334/2018 dated 27.04.2019, the petitioner is before this Court seeking enhancement of the compensation. 3. The factual matrix of the case is that on 17.05.2017, the petitioner was traveling in the Aurorikshaw bearing No.MH-25/N-0220 and the driver of the Aurorikshaw drove the same in a negligent manner and lost - 3 - NC: 2025:KHC-K:2137 MFA No. 201893 of 2019 control and as such it turned turtle by the side of the road. The petitioner sustained fracture of a shaft of the right femur and he was immediately shifted to Om Vishvekar Hospital at Umarga. He was inpatient for 10 days and underwent surgery. Claiming that the petitioner is aged 28 years at the time of the accident, earning Rs.12,000/- per month as a coolie, he filed a claim petition before the Tribunal. 4. On service of notice, the respondent Nos.1 and 2 appeared and the respondent No.2-insurance company alone filed the written statement. It contended that the driver of the Aurorikshaw was not having a valid driving licence and the compensation claimed is highly exorbitant, imaginary and untenable, denying the age, income and occupation of the petitioner, he resisted the claim petition. 5. The Tribunal framed appropriate issues and the petitioner was examined as PW1 and the doctor who assessed the disability was examined as PW2, Ex.P1 to 12 were marked. No evidence was led on behalf of the - 4 - NC: 2025:KHC-K:2137 MFA No. 201893 of 2019 respondents. After hearing both the sides, the Tribunal has awarded compensation of Rs.4,57,072/- under the following heads: 1. Loss of future of earning Rs.3,24,000/- 2. Medical and hospital expenses Rs.61,072/- 3. Pain and suffering & Loss of amenities of life Rs.20,000/- 4. Attendant charges and Ambulance and traveling charges Rs.20,000/- 5. Special food and diet Rs.5,000/- 6. Loss of earnings during the treatment Rs.27,000/- Total Rs.4,57,072/- 6. Being aggrieved by the same, the petitioner is before this Court in appeal. 7. The submissions of the learned counsel for the petitioner were heard and he submit that notional income of the petitioner assessed by the Tribunal at Rs.9,000/- per month is on the lower side and the same needs to be reassessed. He also submits that the compensation awarded by the Tribunal under the remaining heads is on the lower side and as such a reassessment has to be made. 8. A careful perusal of the records as well as the impugned judgment would reveal that the Tribunal even though there is no evidence on record to hold that the - 5 - NC: 2025:KHC-K:2137 MFA No. 201893 of 2019 driver of the Autorikshaw was not having a valid driving licence, has fastened 25% of the liability on the respondent No.1-owner of the Autorikshaw. It fastened the remaining 75% of the liability on the insurance company. Obviously, these findings of the Tribunal appear to be bereft of any evidence on record. Simply because the respondent No.2 insurance company had filed its written statement alleging that the driver of the Autorikshaw was not having a valid driving licence, it could not have jumped to the conclusion that the driver had no driving licence. The chargesheet filed against the driver of the Autorikshaw also do not indict him for the offence under Section 3 read with 181 of the Motor Vehicles Act. Therefore, there is absolutely no evidence to hold that the driver of the Autorikshaw was not having a valid driving licence. In that view of the matter, the observations of the Tribunal and the sermons in para 31 of the impugned judgment was unwarranted and it has no bases. - 6 - NC: 2025:KHC-K:2137 MFA No. 201893 of 2019 9. So far as the quantum of the compensation is concerned, the guidelines issued by the KSLSA for the purpose of settlement Rs.10,250/- for the year 2017. 10. There is no necessity of reassessment of the disability since the Tribunal has assessed the same at 20% for the fracture of the shaft of the right femur. Therefore, the compensation towards loss of future earning capacity is calculated as Rs.10,250/- x 12 x 15 x 20% = 3,69,000/-. 11. Consequent upon it, the compensation under the head of loss of during laid up period is calculated for three months at Rs.30,750/-. 12. The compensation under the head of pain and suffering needs to be enhanced to Rs.30,000/-. 13. The Tribunal has not awarded any compensation under the head of loss of amenities in life and considering the nature of the injury and the avocation, the same is assessed at Rs.40,000/-. - 7 - NC: 2025:KHC-K:2137 MFA No. 201893 of 2019 14. The compensation under the remaining heads do not require any enhancement. 15. Therefore, the claimant is entitled for total compensation of Rs.5,15,822/- under the following heads:- Sl. No. Heads Award by the Tribunal Award by this Court 1 Loss of future of earning Rs.3,24,000/- Rs.3,69,000/- 2 Medical and hospital expenses Rs.61,072/- Rs.61,072/- 3 Pain and suffering & Loss of amenities of life Rs.20,000/- Rs.30,000/- 4 Attendant charges and Ambulance and traveling charges Rs.20,000/- Rs.20,000/- 5 Special food and diet Rs.5,000/- Rs.5,000/- 6 Loss of earnings during the treatment Rs.27,000/- Rs.30,750/- Total Rs.4,57,072/- Rs.5,15,822/- Less: Award by the Tribunal Rs.4,57,072/- Total enhancement Rs.58,750/- 16. Hence, appeal deserves to be allowed in part. Therefore, the following; ORDER (i) The appeal is allowed in part. - 8 - NC: 2025:KHC-K:2137 MFA No. 201893 of 2019 (ii) The appellant/petitioner is entitled for a sum of Rs.58,750/- in addition to the compensation awarded by the Tribunal, along with interest at 6% p.a. (iii) Respondent No.2-Insurance company is directed to deposit the entire compensation amount (determined by Tribunal and by this Court) within a period of six weeks from the date of this order. (iv) Rest of the order of the Tribunal remain unaltered. Sd/- (C M JOSHI) JUDGE SMP List No.: 1 Sl No.: 63 CT: AK