- 1 - HC-KAR NC: 2025:KHC-K:2930 MFA No. 201221 of 2019 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO.201221 OF 2019 (MV-I) BETWEEN: SHEKHAPPA S/O PARASAPPA SHINDHE, AGE: 39 YEARS, OCC: GOUNDI WORK, R/O: CHADACHAN, TQ: INDI, DIST: VIJAYAPUR, NOW RESIDING AT RAM NAGAR, VIJAYAPUR – 586 101. …APPELLANT (BY SRI SANGANABASAVA B.PATIL, ADVOCATE) AND: 1. BALKRISHNA DAIRY INDUSTRIES PVT. LTD., AGE: 44 YEARS, OCC: BUSINESS, (OWNER OF THE 407 NO.MH-12/LT-0418) R/O: 86/2B/1, A/P: MANJARI BK., TQ: HAVELI, DIST: PUNE, MAHARASHTRA STATE – 411 048. 2. THE BRANCH MANAGER, THE IFFCO-TOKIO GENERAL INSURANCE CO. LTD., 2ND FLOOR, SHRI SHANTI TOWER EAST OF N.G.E.G. LAYOUT, KASTURI NAGAR, BANGALURU – 84. …RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FO R2; V/O DATED 28.01.2021 NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS AND MODIFY JUDGMENT AND AWARD PASSED BY THE COURT OF III-ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XII, VIJAYAPURA, AT: VIJAYAPUR IN M.V.C.NO.1317/2015 DATED 04.02.2019 AND BE PLEASED TO ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED FOR BY THE APPELLANT. Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2930 MFA No. 201221 of 2019 THIS MISCELLANEOUS FIST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Though appeal is listed for admission, with consent of learned counsel for parties, it is taken up for final disposal. 2. Challenging judgment and award dated 04.02.2019 passed by III-Additional Senior Civil Judge and Motor Accident Claims Tribunal No.XII, Vijayapur, in MVC no.1317/2015, this appeal is filed. 3. Brief facts as stated in memorandum of appeal are that, in accident that occurred on 31.08.2015, claimant riding on motorcycle bearing registration no.KA-28/EG-2770 sustained grievous injuries when driver of tempo bearing registration no.MH-12/LT-0418 came from backside and dashed against motorcycle. Claimant sustained head injury and fracture to his right hand. Despite taking treatment at Gangamai Hospital, Solapur and undergoing operation for insertion of implants, he sustained permanent physical disability. Claimant was doing mason work and unable to do - 3 - HC-KAR NC: 2025:KHC-K:2930 MFA No. 201221 of 2019 same. Therefore, he filed claim petition under Section 166 of Motor Vehicles Act against owner and insurer of offending tempo. 4. On contest, Tribunal farmed issues and recorded evidence. Claimant examined himself as PW.1 and examined Dr.Ashok S/o Ramsingh Nayak as PW.2 and got marked documents as Exs.P1 to P18. On other hand, respondents examined two witnesses and got marked documents as Exs.R1 to R4. 5. On consideration, Tribunal held that accident occurred due to rash and negligent driving of insured tempo by its driver and therefore, respondents were liable to pay compensation to claimant. It assessed monthly income of claimant at Rs.7,000/-, loss of earning capacity at 10% and awarded compensation as follows: Sl.No. Heads Amount 1 Towards injury, pain and sufferings Rs. 15,000/- 2 Towards medical expenses Rs.1,25,618/- 3 Towards loss of income due to permanent physical disability Rs.1,34,400/- 4 Towards food and nourishment Rs. 10,000/- 5 Towards attendant charges Rs. 10,000/- 6 Towards conveyance charges Rs. 10,000/- - 4 - HC-KAR NC: 2025:KHC-K:2930 MFA No. 201221 of 2019 7 Towards loss of amenities and future unhappiness Rs. 15,000/- Total Rounded off to Rs.3,20,018/- Rs.3,20,000/- 6. Not satisfied with same, claimant is in appeal. 7. Grounds urged in memorandum of appeal would reveal that claimant is dissatisfied with assessment of monthly income, loss of earning capacity, inadequate compensation towards pain and suffering, medical expenses, failure to award compensation towards loss of income during laid-up period and inadequate compensation towards loss of amenities, food, nourishment and attendant charges etc. 8. Smt.Preeti Patil Melkundi, learned counsel for respondent-insurer opposed appeal. It was submitted, claimant had failed to justify monthly income with any material. In absence of same, it was assessed notionally. After taking note of medical evidence, it had assessed loss of earning capacity and award was just and proper. 9. Heard learned counsel. Perused impugned judgment and award. - 5 - HC-KAR NC: 2025:KHC-K:2930 MFA No. 201221 of 2019 10. From above and since only claimant is in appeal for enhancement of compensation, point that would arise for consideration is: Whether claimant is entitled for enhancement of compensation as sought for? 11. Insofar as monthly income, claimant has stated that he was working as Mason and earning more than Rs.10,000/- per month. Since he did not substantiate same, Tribunal assessed it notionally at Rs.7,000/-. Accident has occurred in 2015. Notional income for said year is Rs.8,000/-. Therefore, Tribunal committed an error in assessing it at Rs.7,000/-. Same has to be considered at Rs.8,000/- per month. 12. Claimant has sustained crush injury to right elbow joint, forearm, right hand and right wrist. Under such circumstances, award of Rs.15,000/- towards pain and suffering would be grossly inadequate. It would be appropriate to enhance it to Rs.50,000/-. 13. Claimant produced medical bills for a total sum of Rs.1,25,618/- which is awarded. Thus, there is complete - 6 - HC-KAR NC: 2025:KHC-K:2930 MFA No. 201221 of 2019 reimbursement. Though contention is taken about expending much higher amount, without bills, same cannot be awarded. Therefore, compensation awarded towards medical expenses is sustained. 14. As stated above, claimant has sustained injury to his right arm at elbow joint, forearm and wrist. PW.2 assessed limb disability at 40% to 45%. Considering occupation of claimant as coolie and loss of grip or movement at elbow joint or wrist, same would cause higher lass of earning capacity. Therefore, Tribunal is not justified in taking disability at 10%. It would be appropriate to take it at 20%. Thus, compensation towards loss of earning capacity would be Rs.3,07,200/- (Rs.8,000 x 12 x 16 x 20%). 15. Taking note of inpatient period of treatment for about 8 days, award of Rs.10,000/- towards food and nourishment, Rs.10,000/- towards attendant charges and Rs.10,000/- towards conveyance charges would appear adequate. Therefore, same is sustained. 16. Claimant was aged 35 years. In view of extent of disability sustained and fact that injuries are to his right arm at - 7 - HC-KAR NC: 2025:KHC-K:2930 MFA No. 201221 of 2019 elbow joint as well as wrist, award of notional amount of Rs.15,000/- towards loss of amenities would be inadequate. It would be appropriate to enhance it to Rs.35,000/-. 17. Thus, total compensation would be: Sl.No. Heads Amount 1 Towards injury, pain and sufferings Rs. 50,000/- 2 Towards medical expenses Rs.1,25,618/- 3 Towards loss of income due to permanent physical disability Rs.3,07,200/- 4 Towards food and nourishment Rs. 10,000/- 5 Towards attendant charges Rs. 10,000/- 6 Towards conveyance charges Rs. 10,000/- 7 Towards loss of amenities and future unhappiness Rs. 35,000/- Total Rs.5,47,818/- 18. Thus, claimant is entitled for enhanced compensation of Rs.2,27,818/-. 19. Point for consideration is answered partly in affirmative as above. 20. Consequently, following: ORDER i. Appeal is allowed in part. - 8 - HC-KAR NC: 2025:KHC-K:2930 MFA No. 201221 of 2019 ii. Claimant is held entitled for total compensation of Rs.5,47,818/- as against Rs.3,20,000/- awarded by Tribunal with interest as awarded by Tribunal. iii. Respondent-insurer to deposit same before Tribunal within a period of six weeks. Sd/- (RAVI V HOSMANI) JUDGE NB List No.: 1 Sl No.: 39 Ct;Vk