- 1 - HC-KAR NC: 2025:KHC-K:3621 MFA No. 202156 of 2019 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO. 202156 OF 2019 (MV-I) BETWEEN: DEVENDRA S/O MALLAPPA BASHETTI, AGE: 42 YEARS, OCC: AGRICULTURE & COOLIE, R/O: HANGARAGI, TQ: B. BAGEWADI, DIST: VIJAYAPURA. …APPELLANT (BY SMT. REKHA PATIL, ADVOCATE FOR SRI G.G.CHAGASHETTI, ADVOCATE) AND: 1. RAJESHREE W/O LATE SHRISHAIL BIRADAR, AGE: 37 YEARS, OCC: H/W, R/O: HANGARAGI, TQ: B. BAGEWADI, DIST: VIJAYAPURA – 586 101. 2. THE MANAGER, UNIVERSAL SOMPO GEN. INS. CO. LTD., REG. & CORPORATE OFFICE, UNIT NO.401, 4TH FLOOR, SANGAM COMPLEX, ANDHERI KURLA ROAD, ANDHERI EAST, MUMBAI – 400 059. …RESPONDENTS (BY SRI SUDARSHAN M., ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3621 MFA No. 202156 of 2019 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES, ACT, PAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 20.07.2019 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT TRIBUNAL NO.V, VIJAYAPUR IN MVC NO.347/2017, BY ENHANCING THE COMPENSATION AS CLAIMED BY THE APPELLANT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MFA, 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 20.07.2019 passed by Principal Senior Civil Judge and MACT-V, Vijayapur, in MVC no.347/2017, this appeal is filed. 2. Smt.Rekha Patil, learned counsel appearing for Sri G.G.Chagashetti and Sri I.R.Biradar, learned counsel submitted, appeal was by claimant for enhancement of compensation. It was submitted, on 13.08.2016, when claimant was travelling in vehicle no.GA-03/P-5420 on Belgaum- Bagalkot road, near Salhalli village, driver of lorry no.KA-22/B- 0169, drove it in rash and negligent manner and suddenly applied brakes. Due to same, vehicle in which claimant was traveling dashed against hind side of lorry and caused accident. In said accident, claimant sustained grievous injuries and was shifted to Dr.Basareddy Hospital, Mudhol and thereafter to - 3 - HC-KAR NC: 2025:KHC-K:3621 MFA No. 202156 of 2019 BLDEA Hospital, Vijayapur and KLE Hospital, Belgaum. Despite taking treatment, he did not recover fully and sustained permanent physical disability/loss of earning capacity. Hence, he filed claim petition under Section 166 of Motor Vehicles Act against owner and insurer of lorry. 3. Respondent no.1-owner did not appear and was placed ex-parte. Respondent no.2-insurer filed objections opposing claim petition on all grounds including alleging that vehicle was used for commercial purpose. 4. Based on pleadings, tribunal framed issues and recorded evidence. Claimant examined himself as PW.1 and Dr.Satish M.Rashinkar and Dr.S.S.Fattepur as PWs.2 and 3. Exs.P.1 to P.15 were got marked. Respondents did not lead any evidence but got marked copy of insurance policy as Ex.R1 with consent. 5. On consideration, tribunal held that accident had occurred due to joint negligence of driver of jeep and lorry. It apportioned negligence against driver of jeep to an extent of 20%. It held claimant had sustained grievous injuries, permanent physical disability and consequent loss of earning - 4 - HC-KAR NC: 2025:KHC-K:3621 MFA No. 202156 of 2019 capacity and entitled for compensation, assessed it at `4,09,907/- with interest at 6% per annum. Dissatisfied with quantum, claimant was in appeal. 6. It was firstly submitted though it was stated that claimant was working as agricultural coolie and earning more than `8,000/- per month, tribunal erred in determining monthly wages at `8,000/- only. It was submitted, claimant sustained injury to nasal bridge and also lost sight of right eye. PW.2 – ENT Doctor assessed disability due to loss of eye sight at 40- 45%, tribunal assessed functional disability at 15% which was on lower side. It was submitted, tribunal erred in not adding future prospects to monthly income. It was submitted, tribunal erred in awarding inadequate compensation towards pain and suffering and there was no award of compensation towards loss of income during laid-up period and towards loss of amenities. On said ground, sought for enhancement. 7. Sri M.Sudarshan, learned counsel for respondent no.2-insurer opposed appeal. It was submitted, award of compensation by tribunal was just and proper and does not call for interference and prayed for dismissal of appeal. - 5 - HC-KAR NC: 2025:KHC-K:3621 MFA No. 202156 of 2019 8. Heard learned counsel, perused impugned judgment and award. 9. From above, since this is claimant’s appeal while insurer had accepted award, only point that would arise for consideration is: “Whether claimant is entitled for enhancement of compensation as prayed for? 10. Occurrence of accident, involving insured vehicle, claimant sustaining permanent physical disability and liability of insurer to pay compensation to extent of 80% are not in dispute. Insofar as monthly income, claimant stated that he was earning more than `8,000/- per month as agricultural coolie, but same was not substantiated. In absence, tribunal assessed it notionally. But notional income for year 2016 being `8,750/-, same has to be accepted. Claimant sustained fracture of nasal bridge. Claimant has also sustained rupture of globe of right eye. Considering same, award of `30,000/- towards pain and suffering would be inadequate same is enhanced to `50,000/-. Tribunal awarded `1,53,907/- towards medical expenses. Since, there is complete reimbursement of bills - 6 - HC-KAR NC: 2025:KHC-K:3621 MFA No. 202156 of 2019 produced, same would not call for enhancement. Tribunal has awarded `10,000/- towards food, conveyance, nourishment and other incidental expenses for inpatient period of ten days. Same would appear just and proper. Normally, fractures take three months to heal, since monthly income is determined at `8,750/-, claimant would be entitled for `26,250/- towards loss of income during laid-up period. Due to sustaining rupture globe of right eye, PW.2–ENT Doctor assessed disability at 40-45%. While passing impugned award, tribunal held that petitioner has to be considered as one eyed person. Thus, claimant has lost sight of one eye, which would definitely affect earning capacity. Considering occupation of claimant as agricultural coolie, assessment of functional disability at 25% would be grossly inadequate, it would be appropriate to consider loss of earning capacity at 35%. Though learned counsel sought for addition of future prospects to monthly income, said addition would be available only in case of substantial physical disability i.e., more than 50%. Thus, compensation towards loss of future earnings would be : `8,750/- x 12 x 15 x 35% = `5,51,250/-. - 7 - HC-KAR NC: 2025:KHC-K:3621 MFA No. 202156 of 2019 11. As noted above, PW.2 has stated that claimant had lost eye sight in one eye. For said loss, claimant would require to be awarded under loss of amenities as well as for disfigurement. It would be appropriate to award `1,50,000/- towards loss of amenities. Thus, total compensation would be as follows: Pain and suffering `50,000/- Medical expenses and hospitalization `1,53,907/- Loss of future earnings `5,51,250/- Conveyance, food and nourishment `10,000/- Loss of income during laid-up period `26,250/- Loss of amenities `1,50,000/- Total 9,41,407/- 12. Point for consideration is answered partly in affirmative. Consequently, following: ORDER i. Appeal is allowed in part, judgment and award dated 20.07.2019 passed in MVC no.347/2017 by Court of Principal Senior Civil Judge and MACT-V, Vijayapur is modified, claimant is held entitled for total compensation of `9,41,407/- as against `4,09,907/- awarded by tribunal - 8 - HC-KAR NC: 2025:KHC-K:3621 MFA No. 202156 of 2019 with interest at 6% per annum from date of claim petition till deposit. ii. Insurer is directed to deposit enhanced compensation within six weeks from date of receipt of certified copy of this judgment. Sd/- (RAVI V HOSMANI) JUDGE SN List No.: 1 Sl No.: 43