- 1 - NC: 2025:KHC-K:2125-DB MFA No. 203558 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISC. FIRST APPEAL NO.203558 OF 2024 (MV) BETWEEN: BASAVARAJ S/O MALLAPPA HADAPAD, AGE: 23 YEARS, OCC: BARBER, (RUNNING HAIR CUTTING SALOON), RESIDENT OF HUVIN HIPPARAGI, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586208. …APPELLANT (BY SRI. KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE) AND: 1. SHRISHAIL S/O BASAVANTRAY SHIVAYOGI @ KANAMUCHANAL, AGE: 45 YEARS, OCC: OWNER CUM DRIVER, R/O HUVIN HIPPARAGI, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586208 Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2125-DB MFA No. 203558 of 2024 2. THE GENERAL MANAGER, SBI GENERAL INSURANCE COMPANY LIMITED, V. A. KALABURAGI HALL MARK, SECOND FLOOR, DESAI CROSS, PINTO ROAD, DESHAPANDE NAGAR, HUBBALLI-580029. …RESPONDENTS (BY SRI. SUBHASH MALLAPUR, ADVOCATE FOR R-2; V/O DATED 19.03.2025 NOTICE TO R-1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF M.V. ACT, PRAYING TO CALL FOR THE RECORDS, TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 26.04.2024 PASSED IN MVC.NO.657/2022 ON THE FILE OF THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL NO.V VIJAYAPURA AT VIJAYAPURA AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION AMOUNT BY Rs.40,44,600/- ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS HON’BLE COURT AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC-K:2125-DB MFA No. 203558 of 2024 CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K NATARAJAN) This appeal is filed by the appellant - claimant for enhancement of compensation as against the judgment and award passed in MVC.No.657/2022 dated 26.04.2024 by the learned Principal Senior Civil Judge and MACT-V, Vijayapura (hereinafter referred as ‘Tribunal’). 02. Heard the learned counsel for the appellant – claimant and the respondent No.2 – insurance company. 03. The brief facts of the case is that the claimant has filed a claim petition under Section 166 of M. V. Act, claiming compensation for the injuries sustained in road traffic accident on 27.11.2021 alleging that on the said date at 11.30 a.m. when he was going from bus-stand - 4 - NC: 2025:KHC-K:2125-DB MFA No. 203558 of 2024 circle towards Talikoti on his right side on a motorcycle bearing its Reg.No.KA-28-EN-6956, at that time one Swaraj Tractor bearing its Reg.No.KA-28-TA-6370 came with high speed and in a rash and negligent manner and dashed to the motorcycle of the claimant and caused the accident. Due to which, the claimant sustained grievous fractural injuries. Thereafter, he shifted to Government Hospital, at B. Bagewadi and then shifted to Dr. G. S. Kulkarni, Hospital, at Miraj. The claimant has spent more than Rs.9,50,000/- towards medical expenses. Hence, the claimant claimed the compensation on various grounds. 04. The respondent No.1 – owner of the vehicle placed ex-parte. The respondent No.2 – insurance company filed the written statement denying the age, income, occupation and disability suffered by the claimant. Hence, prayed for dismissal of the claim petition. - 5 - NC: 2025:KHC-K:2125-DB MFA No. 203558 of 2024 05. On the basis of above pleadings, the Tribunal has framed the following issues:- i) Whether the petitioner proves that, he haw sustained injuries due to actionable rash and negligent act of driver of Tractor bearing No.KA-28-TA-6370 and KA- 28-EN-6956, in the Motor Vehicle Accident on the date, time and the place as being asserted.? ii) Whether the petitioner is entitled for compensation.? If so, what is the quantum and from whom.? iii) What order or award.? 06. The claimant himself examined as PW.1 and doctor has been examined as PW.2 and got marked Ex.P.1 to Ex.P.14. On behalf of the respondents no oral evidence is led, but with consent the copy of insurance policy is marked as Ex.R.1. 07. After hearing the arguments, the Tribunal answered the issue No.1 in the affirmative and issue No.2 partly in the affirmative and awarded the compensation as under:- - 6 - NC: 2025:KHC-K:2125-DB MFA No. 203558 of 2024 Sl. No. Heads Compensation Awarded 1. Pain and sufferings Rs.20,000/- 2. Medical bills incurred and future medical expenses, attendant, conveyance, nourishing food and other incidental expenses Rs.4,77,464/- 3. Loss of income during laid-up period Rs.17,000/- 4. Loss of future income on account of permanent disability Rs.4,30,920/- 5. Loss of amenities, life comforts and expectancy of life. Rs.10,000/- Total Rs.9,55,384/- Rounded off to Rs.9,55,400/- 08. Feeling aggrieved by the same, the claimant is before this Court in this appeal. 09. The learned counsel for the claimant vehemently contended that the Tribunal has committed grave error in awarding only Rs.20,000/- towards the pain and suffering. The claimant has taken treatment as inpatient for 34 days in the hospital and spent more than Rs.4,67,000/- towards the medical expenditure. The - 7 - NC: 2025:KHC-K:2125-DB MFA No. 203558 of 2024 disability has been considered by the doctor at 55%, whereas the Tribunal has considered the same only at 14%, which is very meager. The compensation awarded towards other heads is very meager. Hence, prayed for allowing the appeal. 10. Per contra, the learned counsel for the respondent No.2 – insurance company supported the impugned judgment and award passed by the Tribunal contending that the Tribunal has rightly assessed the disability at 14%, which is correct. There is no need to interfere in the judgment and award passed by the Tribunal. Hence, prayed for dismissal of the appeal. 11. Having heard the arguments, the point that would arise for our consideration is as under:- “Whether the claimant is entitled for enhancement of compensation.? If so to what extent.? - 8 - NC: 2025:KHC-K:2125-DB MFA No. 203558 of 2024 12. On perusal of the records it reveal that the accident in question, the claimant suffered grievous injuries in the accident and he was taken treatment in the hospital as inpatient for 34 days, are not in dispute. The claimant has spent huge amount for the medical treatment is also not in dispute. The liability is also not seriously disputed by the respondent No.2 – insurance company. Therefore, only consideration of this Court is re- assessment of the compensation as awarded by the Tribunal. 13. Admittedly, the Tribunal has awarded the compensation of Rs.20,000/- under the head of pain and suffering, even though the claimant has taken treatment as inpatient for 34 days and undergone surgery of tibia and fibula, which needs to enhance at Rs.40,000/-. 14. As regards to the medical bills towards medical expenses, attendant conveyance, nourishing food and other incidental expenses, the Tribunal has awarded - 9 - NC: 2025:KHC-K:2125-DB MFA No. 203558 of 2024 compensation of Rs.4,77,464/-, we propose to enhance another a sum of Rs.10,000/-. Hence, the claimant is entitled for compensation of Rs.4,87,464/-. The same is rounded off to Rs.4,87,000/-. 15. As regards to the loss of income during the laid up period, the Tribunal has taken the income of the claimant at Rs.14,250/- as per the chart of the Karnataka Legal Services Authority, but awarded compensation at Rs.17,000/- by taking into fact that the claimant has taken treatment for 34 days. Considering the nature of injuries sustained by the claimant, we are of the opinion that the claimant was unable to work at-least 03 months. Hence, the claimant is entitled for Rs.14,250/- x 3 = Rs.42,750/-. Hence, the claimant is entitled for Rs.42,750/- under the head of loss of income during the laid up period. 16. As regards to the loss of future income, the claimant has suffered the fracture of tibia and fibula and doctor has assessed the permanent physical disability of - 10 - NC: 2025:KHC-K:2125-DB MFA No. 203558 of 2024 the claimant at 55% relating to the left lower limb, but the Tribunal has taken the same at 14% to the whole body. The Tribunal has not given any reason for reducing to 14% to the whole body. Therefore, we propose to take at least 1/3rd of the disability. Hence, to the whole body 55% given by the doctor, it will come to 19% to the whole body instead of 14% as taken by the Tribunal. Hence, the claimant is entitled for Rs.14,250/- x 12 x 18 x 19 / 100 = Rs.5,84,820/-, under the head of loss of future income. 17. As regards to the loss of amenities, life comforts and expectancy of life the Tribunal has awarded compensation at Rs.10,000/-. Admittedly, the claimant has suffered grievous injuries, definitely he is suffering from loss of amenities in life. Therefore, we propose to enhance the same to Rs.40,000/-. Therefore, the claimant is entitled for enhancement of compensation as under:- - 11 - NC: 2025:KHC-K:2125-DB MFA No. 203558 of 2024 Sl. No. Heads Compensation Awarded by the Tribunal Compensation awarded by this Court 1. Pain and sufferings Rs.20,000/- Rs.40,000/- 2. Medical bills incurred and future medical expenses, attendant, conveyance, nourishing food and other incidental expenses Rs.4,77,464/- Rs.4,87,000/- 3. Loss of income during laid-up period Rs.17,000/- Rs.42,750/- 4. Loss of future income on account of permanent disability Rs.4,30,920/- Rs.5,84,820/- 5. Loss of amenities, life comforts and expectancy of life. Rs.10,000/- Rs.40,000/- Total Rs.9,55,384/- Rs.11,94,570/- Rounded off to Rs.9,55,400/- Rs.11,95,000/- 18. Therefore, the claimant is entitled for enhancement of compensation at Rs.2,39,600/- (Rs.11,95,000/- minus Rs.9,55,400/-). 19. For the aforesaid reasons, we proceed to pass the following; - 12 - NC: 2025:KHC-K:2125-DB MFA No. 203558 of 2024 O R D E R i) The appeal is allowed in part. ii) The judgment and award dated 26.04.2024 passed in MVC.No.657/2022 by the Principal Senior Civil Judge and MACT-V, at Vijayapura, is modified. iii) The claimants are entitled for an enhanced compensation of Rs.2,39,600/- over and above the compensation awarded by the Tribunal which shall carry interest at the rate of 6% per annum from the date of petition till the date of realization. iv) The apportionment of deposit and release of the amount as ordered by the Tribunal is unaltered. - 13 - NC: 2025:KHC-K:2125-DB MFA No. 203558 of 2024 v) The respondent No.2 – insurance company shall deposit the enhanced compensation amount within a period of 08 weeks from the date of receipt of copy of this judgment. The Registry is directed to send the Trial Court records along with copy of this judgment forthwith. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) KJJ List No.: 1 Sl No.: 11 CT:SI