- 1 - NC: 2025:KHC-K:1747 MFA No. 201930 of 2017 C/W MFA No. 201929 of 2017 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. JOSHI MISCL. FIRST APPEAL NO.201930 OF 2017 (MV-I) C/W. MISCL. FIRST APPEAL NO.201929 OF 2017 (MV-I) IN MFA NO.201930/2017: BETWEEN: MINAZ W/O JAVEDALI GOOGI, AGE: 28 YEARS, OCC: TAILORING WORK, R/O JAMBAGI, TQ. & DIST. VIJAYAPURA-586 101. …APPELLANT (BY SRI BABU H. METAGUDDA, ADVOCATE) AND: 1. JAVEDALI S/O MAKABULSAB GOOGI, AGE: 31 YEARS, OCC: BUSINESS, R/O JAMBAGI, TQ. & DIST. VIJAYAPURA-586 101. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1747 MFA No. 201930 of 2017 C/W MFA No. 201929 of 2017 SANGAM BUILDING, S.S. FRONT ROAD, VIJAYAPURA-586 101. …RESPONDENTS (BY SRI S.S. ASPALLI, ADVOCATE, FOR R2; R1- NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 29.11.2016 PASSED IN MVC NO.849/2014 BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND MACT NO.XII AT VIJAYAPUR, AND ENHANCING THE COMPENSATION FROM RS.1,68,000/- WITH 9% INTEREST TO RS.15,50,000/- WITH 12% INTEREST. IN MFA NO.201929/2017: BETWEEN: HAFIZA W/O MAKABULSAB GOOGI, AGE: 58 YEARS, OCC: TAILORING WORK, R/O JAMBAGI, TQ. & DIST. VIJAYAPURA. …APPELLANT (BY SRI BABU H. METAGUDDA, ADVOCATE) AND: 1. JAVEDALI S/O MAKABULSAB GOOGI, AGE: 31 YEARS, OCC: BUSINESS, R/O JAMBAGI, TQ. & DIST. VIJAYAPURA-586 101. - 3 - NC: 2025:KHC-K:1747 MFA No. 201930 of 2017 C/W MFA No. 201929 of 2017 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., SANGAM BUILDING, S.S. FRONT ROAD, VIJAYAPURA-586 101. …RESPONDENTS (BY SRI S.S. ASPALLI, ADVOCATE, FOR R2; R1-NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 29.11.2016 PASSED IN MVC NO.848/2014 BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND MACT NO.XII AT VIJAYAPUR AND ENHANCING THE COMPENSATION FROM RS.2,56,800/- WITH 9% INTEREST TO RS.14,99,000/- WITH 12% INTEREST. THESE APPEALS COMING ON FOR ADMISSION, 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) 1. Though these appeals are slated for admission, with the consent of both the parties, they are taken up for final disposal. - 4 - NC: 2025:KHC-K:1747 MFA No. 201930 of 2017 C/W MFA No. 201929 of 2017 2. Heard learned counsel appearing for the appellants/petitioners and learned counsel appearing for the respondent No.2 – Insurance Company. 3. Being aggrieved by the common judgment and award dated 29.11.2016 passed in MVC Nos.848 and 849 of 2014 by III Additional Senior Civil Judge and Member, MACT- XII, Vijayapura, (for short ‘Tribunal’), the petitioners are before this Court seeking enhancement of the compensation. 4. The factual matrix which is not in dispute are that on 20.12.2014 at 9.30 p.m., the petitioners were proceeding in a Tata-Indica Car bearing No.KA-28/N-6233 from Sonna Village to Gokak and the driver of the Car drove the same in negligent manner and dashed to a Trailer, wherein, the petitioners sustained the injuries. The petitioners were shifted to Dr. Ganga Hospital, Gokak and later in the hospital of Dr. A.R. Nayak at Vijayapur for treatment. Therefore, they have sought for compensation from the owner and insurer of the Indica Car before the Tribunal. - 5 - NC: 2025:KHC-K:1747 MFA No. 201930 of 2017 C/W MFA No. 201929 of 2017 5. The petitioner in MVC No.848/2014 (appellant in MFA No.201929/2017), contended that she was aged 55 years, working as a Tailor and was earning Rs.10,000/- per month. It was contended that she suffered fracture of right femur, tibia and fibula and was inpatient for 20 days. It was further contended due to the injuries, she has suffered permanent disability and therefore, adequate compensation be avoided. 6. The petitioner in MVC No.849/2014 (appellant in MFA No.201930/2017) contented that she was age 25 years at the time of the accident, working as Tailor and earning Rs.10,000/- per month and she had suffered compression fracture of T-12 vertebra, resulting in disability in her profession. She claimed that there is disability of 20 to 25% and therefore, adequate compensation be awarded to her. 7. The respondent No.2 – Insurance Company appeared before the Tribunal and contented that the compensation claimed is highly exorbitant, imaginary and untenable, and denied the age, income and occupation of the petitioners. It also contended that the driver of the Car was - 6 - NC: 2025:KHC-K:1747 MFA No. 201930 of 2017 C/W MFA No. 201929 of 2017 not having a valid driving license and there were violations of the terms and conditions of the policy and as such, its liability be absolved. 8. The Tribunal, based on the contentions of the all the parties, framed appropriate issues; held enquiry along with MVC No.850 of 2014 and common evidence was recorded. The petitioners were examined as PWs.1 and 2 and the Doctor, who assessed the disability, was examined PW4 and Exs.P1 to P21 were marked. The copy of the policy was marked as Ex.R1 on behalf of the respondents. 9. After hearing the arguments by both sides, the Tribunal had awarded the compensation to these petitioners under various heads as below: In MVC No.848/2014 Pain and sufferings Rs.10,000-00 Medical expenses incurred and Future medical expenses, Attendant, Conveyance, Nourishing food, and other incidental expenses Rs.1,00,000-00 Loss of income during laid-up period Rs.18,000 Loss of future income on account of permanent disability Rs.1,18,800-00 - 7 - NC: 2025:KHC-K:1747 MFA No. 201930 of 2017 C/W MFA No. 201929 of 2017 Loss of Amenities, Life comforts and expectancy of life Rs.10,000/- Total Rs.2,56,800/- In MVC No.849/2014 Pain and sufferings Rs.10,000-00 Medical expenses incurred and Future medical expenses, Attendant, Conveyance, Nourishing food, and other incidental expenses Rs.21,000-00 Loss of income during laid-up period Rs.18,000 Loss of future income on account of permanent disability Rs.1,04,000-00 Loss of Amenities, Life comforts and expectancy of life Rs.15,000/- Total Rs.1,68,000/- 10. Being aggrieved by the quantum of the compensation awarded by the Tribunal, the petitioners are before this Court in these appeals. 11. The learned counsel appearing for the appellants submits that the petitioner in MVC No.848 of 2014 had suffered three fractures and she was doing tailoring work and the fracture of the right femur, tibia, and fibula has - 8 - NC: 2025:KHC-K:1747 MFA No. 201930 of 2017 C/W MFA No. 201929 of 2017 resulted in a permanent disability to her. He points out that, she being aged 55 years, the PW4 having stated her disability at 50 to 55%, the Tribunal erred in holding the same at 15%. He submits that the age factor of the petitioner was not considered by the Tribunal. He further submits that the compensation under the remaining heads is also not correct. 12. So far as the appeal by the petitioner in MVC 849 of 2014 is concerned, he submits that the petitioner is a lady aged 25 years, was doing tailoring work and she had suffered the compression fracture of the T-12 vertebra and as such, she has difficulty in sitting for long hours, which affects her earnings. It is submitted that the PW4 states that the disability is to the extent of 20 to 25% relating to the spine and it affects the working of the petitioner. He also submits that the compensation under other heads is not properly assessed by the Tribunal. For these reasons, he seeks reassessment of the compensation. 13. Per contra, learned counsel appearing for the respondent No.2 submits that the Tribunal has considered - 9 - NC: 2025:KHC-K:1747 MFA No. 201930 of 2017 C/W MFA No. 201929 of 2017 the income as well as the disability appropriately and there is no need for indulgence by this Court. He defends the impugned judgment and seeks for dismissal of the appeals. 14. A careful perusal of the records made available would show that the petitioner in MVC No.848 of 2014 is aged about 55 years and she suffered fracture of the right tibia, fibula and femur, definitely it affects the earning capacity of the petitioner. For the age of 55 years the functional disability should have been assessed by the Tribunal. Therefore, keeping in view the avocation and the age of the petitioner, the functional disability is taken at 20%. 15. The Tribunal has taken the income of the petitioner at Rs.6,000/- per month, in the absence of any cogent evidence regarding the same. The guidelines issued by the Karnataka State Legal Services Authority (KSLSA) for settlement of the disputes before the Lok Adalat prescribe the notional income of Rs.7,500/- for the year 2014. In umpteen number of decisions, this Court has held that the guidelines issued by KSLSA are held to be acceptable on the - 10 - NC: 2025:KHC-K:1747 MFA No. 201930 of 2017 C/W MFA No. 201929 of 2017 ground that they are in general conformity with the minimum wages fixed under the Minimum Wages Act. Therefore, the notional income of the appellant-petitioner is accepted as Rs.7,500/- per month. Accordingly, the loss of future income on account of permanent disability is calculated at Rs.7,500/- x 12 x 11 x 20%= Rs.1,98,000/-, by adopting multiplier of ‘11’ for the age of 55 years. 16. Consequently, the loss of income during the laid up period is calculated for three months, which comes to Rs.22,500/-. 17. The Tribunal has awarded a sum of Rs.10,000/- towards pain and suffering and considering the nature of injuries and treatment, a sum of Rs.50,000/- is awarded to her under this head. 18. The Tribunal has awarded a sum of Rs.1,00,000/- under the heads of medical expenses, future medical expenses, conveyance, attendant’s and nourishment charges etc. It is worth to note that the medical expenses alone contribute to the extent of Rs.95,000/-, therefore, apart - 11 - NC: 2025:KHC-K:1747 MFA No. 201930 of 2017 C/W MFA No. 201929 of 2017 from medical expenses and incidental expenses of Rs.1,00,000/-, an additional sum of Rs.20,000/- is awarded to the petitioner towards conveyance, nourishment and other incidental expenses. 19. The Tribunal has awarded a sum of Rs.10,000/- towards loss of amenities in life. Considering the fact that the appellant was aged 55 years and the nature of injuries suffered, the same is enhanced to Rs.30,000/-. 20. Accordingly, the appellant-petitioner is entitled for total compensation of Rs.4,10,500/- as below as against Rs.2,56,800/- awarded by the Tribunal: Sl. No. Heads Award by the Tribunal Award by this Court 1 Pain and sufferings Rs.10,000/- Rs.40,000/- 2 Medical expenses incurred and Future medical expenses, Attendant, Conveyance, Nourishing food, and other incidental expenses Rs.1,00,000/- Rs.1,20,000/- 3 Loss of income during laid-up period Rs.18,000/- Rs.22,500/- 4 Loss of future income on account of Rs.1,18,800/- Rs.1,98,000/- - 12 - NC: 2025:KHC-K:1747 MFA No. 201930 of 2017 C/W MFA No. 201929 of 2017 permanent disability 5 Loss of Amenities, Life comforts and expectancy of life Rs.10,000/- Rs.30,000/- Total Rs.2,56,800/- Rs.4,10,500/- Less: award by the Tribunal Rs.2,56,800/- Enhancement Rs.1,53,700/- 21. So far as the petitioner in MVC No.849 of 2014 is concerned, the PW4 states that there is a disability of 20 to 25%. Considering the fact that the injury is to the spine and the petitioner being a tailor, which requires continuous sitting, the functional disability of the petitioner cannot be 1/3 of the physical disability stated by PW4. Therefore, the functional disability of the petitioner is taken at 10%. Under these circumstances, considering the notional income of the petitioner at Rs.7,500/- per month, as per the guidelines issued by the KSLSA, the loss of income due to permanent disability is calculated at Rs.7,500/- x 12 x 18 x 10% = Rs.1,62,000/-, by adopting the multiplier of ‘18’. - 13 - NC: 2025:KHC-K:1747 MFA No. 201930 of 2017 C/W MFA No. 201929 of 2017 22. Consequently, the loss of income during the laid up period is calculated for three months, which comes to Rs.22,500/-. 23. The Tribunal has awarded a sum of Rs.10,000/- towards the pain and sufferings. Considering the nature of the injuries, the quantum of the compensation under this head is enhanced Rs.25,000/-. 24. The compensation amount under the head of medical expenses, attendant charges, etc., awarded by the Tribunal at Rs.21,000/- do not need any enhancement in the light of the fact that she was inpatient only for 6 days. 25. The Tribunal has awarded a sum of Rs.15,000/- under the head of loss of amenities in life, the same needs to be enhanced to Rs.35,000/-. 26. Accordingly, the appellant-petitioner is entitled for total compensation of Rs.2,60,500/- as below as against Rs.1,68,000/- awarded by the Tribunal: - 14 - NC: 2025:KHC-K:1747 MFA No. 201930 of 2017 C/W MFA No. 201929 of 2017 Sl. No. Heads Award by the Tribunal Award by this Court 1 Pain and sufferings Rs.10,000/- Rs.25,000/- 2 Medical expenses incurred and Future medical expenses, Attendant, Conveyance, Nourishing food, and other incidental expenses Rs.21,000/- Rs.21,000/- 3 Loss of income during laid-up period Rs.18,000/- Rs.22,500/- 4 Loss of future income on account of permanent disability Rs.1,04,000/- Rs.1,62,000/- 5 Loss of Amenities, Life comforts and expectancy of life Rs.15,000/- Rs.30,000/- Total Rs.1,68,000/- Rs.2,60,500/- Less: award by the Tribunal Rs.1,68,000/- Enhancement Rs.92,500/- 27. In the result, the appeals deserve to be allowed in part and hence, the following: ORDER (i) The appeals are allowed in part. (ii) The impugned common judgment and award passed by the Tribunal insofar as it relates - 15 - NC: 2025:KHC-K:1747 MFA No. 201930 of 2017 C/W MFA No. 201929 of 2017 to MVC No.848/2014 and 849/2014 is hereby modified. (iii) The appellant in MFA No.201930/2017 (petitioner in MVC No.849/2014) is entitled for a sum of Rs.1,68,000/- with interest at the rate of 6% per annum, from the date of petition till realization (excluding interest for 232 days, the delay caused in filing the appeal), in addition to what has been awarded by the Tribunal. (iv) The appellant in MFA No.201929/2017 (petitioner in MVC No.848/2014) is entitled for a sum of Rs.2,56,800/- with interest at the rate of 6% per annum from the date of petition till realization (excluding interest for 232 days, the delay caused in filing the appeal) in addition to what has been awarded by the Tribunal (v) The respondent No.2 – Insurance Company is directed to deposit the enhanced compensation along with interest within a period - 16 - NC: 2025:KHC-K:1747 MFA No. 201930 of 2017 C/W MFA No. 201929 of 2017 of 06 weeks from the date of receipt of a copy of this judgment. (vi) Amount in deposit is ordered to be transmitted to the Tribunal. Learned counsel Sri S.S. Aspalli is permitted to file Vakalat for respondent No.2 in MFA No.201929/2017 within a week. Sd/- (C.M. JOSHI) JUDGE SBS List No.: 1 Sl No.: 36 CT: AK