- 1 - HC-KAR NC: 2025:KHC-K:2841 MFA No. 201627 of 2019 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO.201627 OF 2019 (MV-I) BETWEEN: MOHAMMED SARVAR S/O MOULANA QURESHI AGE: 26 YEARS, OCC: LABOUR, R/O: H.NO.1/8/13, KAJGAR WADI, GANDHI CHOWK, YADGIRI. …APPELLANT (BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE) AND: 1. MD. YOUSUF S/O HUSSAIN PATEL NAG, AGE: 31 YEARS, OCC: OWNER OF MOTORCYCLE BEARING NO.KA-33-Q-1111, R/O: LAADIS GALLI, YADGIR – 585 201. 2. THE IFFCO-TOKIO GENERAL INSURANCE CO. LTD., THROUGH ITS BRANCH MANAGER, CLAIMS DEPARTMENT, HEAD CUSTOMER SERVICE CENTER, K.S.C.M.F. BUILDING, 3RD FLOOR, 3RD BLOCK, CUNNINGHAM ROAD, BANGALORE – 560 076. …RESPONDENTS (BY SRI S.S.ASPALLI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED BUT UN-REPRESENTED) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2841 MFA No. 201627 of 2019 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE SENIOR CIVIL JUDGE AND C.J.M., YADGIR, IN M.V.C.NO.46/2018, DATED 15.06.2019, AND ALLOW THE APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 15.06.2019 passed by Prl. Senior Civil Judge and MACT, Kalaburagi (for short, 'Tribunal') in MVC No.48/2017, this appeal is filed. 2. Sri Veeranagouda Malipatil, learned counsel for appellant submitted that this was claimant’s appeal for enhancement of compensation. An accident occurred on 26.07.2017 at about 8.00 p.m., when claimant was traveling as pillion rider on motorcycle bearing registration no.KA-33/Q- 1111 on Mustur-Pagalapur main road, rider of motorcycle bearing registration no.KA-33/S-4570 rode it in a rash and negligent manner and dashed against claimant’s motorcycle. In resultant accident, claimant sustained grievous injuries and was - 3 - HC-KAR NC: 2025:KHC-K:2841 MFA No. 201627 of 2019 shifted to Government General Hospital, Yadgir. Thereafter, he took treatment at Navodaya Hospital, Raichur. Despite treatment, he sustained permanent physical disability and consequent loss of earning capacity. Therefore, he filed claim petition under Section 166 of M.V.Act. 3. On service of notice, respondent no.1-owner did not appear and was placed exparte. Insurer opposed claim petition on all grounds. After framing issues, Tribunal recorded evidence, wherein claimant examined himself as PW.1 and Dr.Basava Swamy Hiremath, as PW.2. He got marked Exs.P1 to P10. Respondents did not lead any evidence. 4. On consideration, Tribunal held claimant had sustained injuries in accident that occurred due to rash and negligent riding of insured vehicle by its rider, claimant had sustained loss of earning capacity and was entitled for compensation. It considered monthly income @ Rs.7,000/-, physical disability at 17% and applied multiplier of 17 to award Rs.2,42,760 towards loss of future earning. Apart from same, it awarded Rs.18,858/- towards medical expenses, Rs.30,000/- towards pain and suffering, Rs.20,000/- towards loss of - 4 - HC-KAR NC: 2025:KHC-K:2841 MFA No. 201627 of 2019 amenities, Rs.10,000/- towards food and nourishment and Rs.10,000/- towards conveyance charges. It also awarded Rs.3,750/- towards attendant charges and likesum as loss of earning during period of treatment. Thus, it awarded compensation of Rs.3,39,868/- which is rounded of to Rs.3,39,000/-. Not satisfied with same, claimant filed this appeal. 5. It was submitted that accident occurred on 26.07.2017. Though, claimant had stated that he was earning Rs.20,000/- p.m., Tribunal assessed his income at Rs.7,000/- p.m. which was lower as notional income for year 2017 is Rs.10,250/-. It was submitted since claimant sustained fractures, taking note of fixation of income, Tribunal ought to have awarded compensation for laid up period for atleast 3 months. It was submitted that claimant had sustained fracture of Tibia and Fibula on right side with implant and for removal of same he should undergo another surgery but no award for same. On above grounds, he seeks enhancement of compensation. - 5 - HC-KAR NC: 2025:KHC-K:2841 MFA No. 201627 of 2019 6. On other hand, Sri S. S. Asphalli, learned counsel for respondent no.2 opposed petition. 7. Heard learned counsel and perused impugned judgment and award. 8. From above, since, insurance company has accepted its liability, only point that would arise for consideration is “Whether claimant is entitled for enhancement of compensation as sought for?” Same is answered partly in affirmative for following reasons. 9. Admittedly, accident occurred in year 2017. Though, claimant had stated that his monthly income was Rs.20,000/-, notional income was taken at Rs.7,000/-. But, notional income for year 2017 is Rs.10,250/-. Therefore, fixation of monthly income by Tribunal would be erroneous. In view of same, compensation towards loss of future earnings would be Rs.3,55,470/- ( Rs.10,250/- x 17% x 12 x 17). 10. Since, claimant sustained fracture, same would led him to stay away from employment for alteast 3 months. - 6 - HC-KAR NC: 2025:KHC-K:2841 MFA No. 201627 of 2019 Taking same as laid up period, claimant would be entitled for Rs.30,750/- as income for laid up period (Rs.10,250 x 3). 11. PW-2 has stated about implant and cost of removal as Rs.30,000/-. Claimant would be entitled for same. 12. It is seen that award under all other heads are just and reasonable. Thus, total compensation would be Rs.5,08,828/-, under various heads as follows: Heads of Compensation Compensation awarded by Tribunal Enhanced Compensation Loss of future income Rs.2,42,760/- Rs.3,55,470/- Medical expenses Rs.18,858/- Rs.18,858/- Pain and Sufferings Rs.30,000/- Rs.30,000/- Amenities Rs.20,000 Rs.20,000/- Food and Nourishment Rs.10,000/- Rs.10,000/- Conveyance Charges Rs.10,000/- Rs.10,000/- Attendant Charges Rs.3,750/- Rs.3,750/- Loss of Income During Laid Up Period Rs.3,750/- Rs.30,750/- Future Medical Expenses --- Rs.30,000/- Total Rs.3,39,118/- Rs.5,08,828/- Rounded off to Rs.3,39,000/- Rs.5,09,000/- - 7 - HC-KAR NC: 2025:KHC-K:2841 MFA No. 201627 of 2019 13. Consequently, following order: ORDER i. Appeal is allowed in part. ii. Claimant is held entitled for compensation of Rs.5,09,000/-. iii. Respondent no.2-insurer is liable to pay same with interest at the rate of 6% p.a. from the date of claim petition. Sd/- (RAVI V HOSMANI) JUDGE MSR,NJ List No.: 1 Sl No.: 45 Ct;Vk