- 1 - NC: 2025:KHC-K:2555 MFA No. 202410 of 2019 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.202410 OF 2019 (MV-I) BETWEEN: SATISH SINDHE S/O BAJIRAO SINDHE, AGE: 34 YEARS, OCC: RET. CABLE BUSINESS NOW NILL, R/O H.NO. 9-11-276, MAILOOR ROAD, NEAR JIJA MATA SCHOOL, VIDYA NAGAR COLONY, BIDAR, DIST. BIDAR. …APPELLANT (BY SRI. VEERANI V. NANDI, ADVOCATE) AND: 1. MONAPPA VISHWAKARMA S/O RAMCHANDRA VISHWAKARMA, AGE: MAJOR, OCC: BUSINESS, R/O 1-100 KAMTHANA, TQ. & DIST. BIDAR-585401, (OWNER OF VEHICLE BEARING REGD. NO.KA-38/M-4178). 2. THE BRANCH MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD., ASIAN ARCADE, NEAR ANAND HOTEL, S.B. TEMPLE ROAD, KALABURAGI, (KARNATAKA STATE ) TROUGH ITS BRANCH OFFICE, HAVAPPA COMPLEX, SHIVANAGAR SOUTH, 1ST FLOOR BIDAR, DIST. BIDAR-585 401 …RESPONDENTS Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2555 MFA No. 202410 of 2019 (BY SRI. SUDARSHAN M., ADV. FOR R2; R1-SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFYING THE JUDGMENT AND AWARD DATED 08.07.2019 PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND CJM AND ADDL. MACT AT BIDAR IN MVC NO.83/2018 AND PLEASED TO ENHANCE THE COMPENSATION OF RS.2,28,470/- TO RS.15,00,000/- WITH 18% INTEREST. THIS APPEAL 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) Heard the learned counsels for the appellant and respondent No.2. 2. By consent of both the parties, the matter is taken up for final disposal. 3. The short point that arises for consideration in this appeal is about the quantum of compensation amount. - 3 - NC: 2025:KHC-K:2555 MFA No. 202410 of 2019 4. Being aggrieved by the judgment and award in MVC.No.83/2018 by Additional Senior Civil Judge and CJM and Addl.MACT, Bidar, the petitioner is before this Court seeking enhancement of compensation amount. 5. It is an undisputed fact between the petitioner and the respondents that on 03.11.2017, the petitioner met with an accident involving the vehicle owned by respondent No.1 and insured by respondent No.2. In the said accident, the petitioner had sustained fracture of the right tibia and fibula and he was inpatient for a period of three days. During treatment, he underwent surgeries and the petitioner was working as a cable operator aged about 33 years. The Tribunal after hearing both the sides, came to the conclusion that the petitioner is entitled for a compensation of Rs.2,28,470/- under following heads: 1. Pain and sufferings Rs.25,000/- 2. Medical attendant charges Rs.12,000/- 3. Loss of basic amenities Rs.15,000/- 4. Loss during laid up period Rs.16,000/- 5. Loss of future earnings Rs.1,53,600/- 6. Medical expenses Rs.6,870/- Total Rs.2,28,470/- - 4 - NC: 2025:KHC-K:2555 MFA No. 202410 of 2019 6. Learned counsel for the appellant submit that the compensation awarded by the Tribunal is on the lower side and the notional income assessed by the Tribunal is on the lower side. Therefore, she submits that the compensation be reassessed. 7. Per contra, learned counsel for respondent No.2-Insurance Company submits that the compensation awarded is adequate and no indulgence is required in the same. 8. The records reveal that the petitioner had sustained fracture of tibia of grade II and fracture of fibula along with few other minor injuries. PW.3 who assessed the disability of the petitioner and stated that there is 40% disability to the petitioner. The Tribunal assessed the functional disability of the petitioner at 10%. Learned counsel for the appellant submit that the petitioner was a cable operator and he used to move from one place to another for maintenance of the cables and therefore, the functional disability assessed by the Tribunal is on the - 5 - NC: 2025:KHC-K:2555 MFA No. 202410 of 2019 lower side. The petitioner who is aged 33 years, working as a Cable Operator had suffered the disability of the right lower limb to the extent of 41%. The restriction of the movements of the right leg has resulted in a disability. Obviously, the functional disability would be slightly higher than the 1/3rd. In that view of the matter, the disability has to be assessed at 14%. The Tribunal has assessed the notional income at Rs.8,000/-. 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.10,250/- for the year 2017. In umpteen number of decisions, this Court has held that the guidelines issued by KSLSA are held to be acceptable on the 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.10,250/- per month. Accordingly, the ‘loss of income due to disability’ is assessed at Rs.10,250/- x 12 x 14% x 16 = Rs.2,75,520/-, by adopting multiplier of ‘16’ for the age of 33 years. - 6 - NC: 2025:KHC-K:2555 MFA No. 202410 of 2019 9. Consequently, ‘loss of income during laid up period’ is assessed at Rs.30,750/- (Rs.10,250/- X 3). 10. The Tribunal has awarded a sum of Rs.25,000/- under the head of ‘pain and suffering’ and the same needs to be enhanced to Rs.40,000/-. 11. The Tribunal has awarded a sum of Rs.12,000/- under the head of ‘Medical Attendant Charges’ and the same needs to be enhanced to Rs.15,000/-, which would include the ‘conveyance and nourishment etc.’. 12. The Tribunal has awarded a sum of Rs.15,000/- under the head of ‘loss of amenities in life’ and the same is enhanced to Rs.25,000/-. 13. The compensation awarded under the head of ‘medical expenses’ do no need any enhancement. Accordingly, the appellant-petitioner is entitled for total compensation of Rs.3,93,140/- as below as against Rs.2,28,470/- awarded by the Tribunal: - 7 - NC: 2025:KHC-K:2555 MFA No. 202410 of 2019 Sl. No. Heads Award by the Tribunal (Amount In Rs.) Award by this Court (Amount In Rs.) 1 Pain and sufferings 25,000/- 40,000/- 2 Medical attendant charges, conveyance and nourishment etc. 12,000/- 15,000/- 3 Loss of amenities in life 15,000/- 25,000/- 4 loss of income during laid up period 16,000/- 30,750/- 5 loss of income due to disability 1,53,600/- 2,75,520/- 6 Medical expenses 6,870/- 6,870/- Total 2,28,470/- 3,93,140/- Less: Award by the Tribunal 2,28,470/- Total enhancement 1,64,670/- 14. In the result, the appeal deserves to be allowed and hence, the following: ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award passed by the Tribunal is hereby modified. (iii) The appellant is entitled for a sum of Rs.1,64,670/- with interest at the rate of 6% per annum from the date of petition till - 8 - NC: 2025:KHC-K:2555 MFA No. 202410 of 2019 realization in addition to what has been awarded by the Tribunal. (iv) The respondent No.2 – Insurance Company is directed to deposit the enhanced compensation along with interest within a period of 06 weeks from the date of receipt of a copy of this judgment. (v) Rest of the order of the Tribunal remain unaltered. Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 37 CT: AK