- 1 - HC-KAR NC: 2025:KHC-K:3809 MFA No. 202511 of 2019 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO. 202511 OF 2019 (MV-I) BETWEEN: SIDDARUDHA @ SIDDANNA S/O BASAVARAJ BELAMAGI, AGE: 35 YEARS, OCC: DRIVER (NOW NIL), R/O: HATGUNDA VILLAGE, KALABURAGI TQ AND DISTRICT …APPELLANT (BY SRI.B.V.JALDE, ADVOCATE) AND: 1. SHARNAYYA S/O HASLAYYA KALAL (EELIGER), AGE: MAJOR, OCC: AGRICULTURE, R/O: IMADAPUR GRAMA, TQ: SEDAM, DISTRICT: KALABURAGI. 2. THE DIVISIONAL MANAGER IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED, ASIAN ARCADE, NEAR ANAND HOTEL, S.B. TEMPLE ROAD, KALABURAGI-585 102. …RESPONDENTS (BY SRI. S.S.ASPALLI, ADVOCATE FOR R2; V/O/DATED 19.01.2021, NOTICE TO R.1 IS DISPENSED WITH) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3809 MFA No. 202511 of 2019 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THE APPEAL AND MODIFIED THE JUDGMENT AND AWARD DATED 04.07.2019 IN MVC NO.891/2013 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI AND ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 04.07.2019 passed by Principal Senior Civil Judge and MACT, Kalaburagi, (for short, 'Tribunal') in MVC no.891/2013, this appeal is filed. 2. Sri B.V.Jalde, learned counsel for the appellant submitted, appeal was by claimant for enhancement of compensation. It was submitted, on 25.05.2013, when claimant was driving DCM vehicle bearing registration no.MH-12/TR-PEY 818 to unload pepsi bottles, driver of Tractor-trailer bearing registration no.KA-32/TA-776-777 drove it in a rash and negligent manner and dashed against claimant’s vehicle near Betagere (K) gate, Kamalavati Bridge, causing accident. In said accident, claimant sustained grevious injuries and was admitted - 3 - HC-KAR NC: 2025:KHC-K:3809 MFA No. 202511 of 2019 to hospital. Despite treatment, he did not recover fully leading to loss of earning capacity. Therefore, he filed claim petition under Section 166 of MV Act against owner and insurer of Tractor-trailer. 3. On service of notice, owner and Insurer appeared through counsel, opposed claim petition on all grounds and denied averments made in claim petition including denying negligence by driver of insured vehicle and alleging contributory negligence against claimant. 4. Based on pleadings, tribunal framed issues and recorded evidence. Claimant examined himself and Dr.Kishore Mengaji, as PWs.1 and 2. Exhibits P.1 to P.24 were got marked. Official of Insurance company was examined as RW.1 and got marked Exhibits R1 to R4. 5. On consideration, Tribunal held accident was due to rash and negligent driving of insured vehicle by its driver and claimant had sustained permanent physical disability leading to loss of earning capacity and entitled for compensation from Insurer as follows: - 4 - HC-KAR NC: 2025:KHC-K:3809 MFA No. 202511 of 2019 1 Towards Pain suffering Rs.25,000/- 2 Towards Medical Expense Rs.29,935/- 3 Towards Diet and attendant charges Rs.22,000/- 4 Towards loss of income during laid- up period Rs.14,000/- 5 Towards loss of future earnings Rs.94,080/- 6 Towards loss of Amenities Rs.10,000/- TOTAL: Total rounded off Rs.1,95,015/- Rs.1,95,000/- Dissatisfied with award, claimant is in appeal. 6. It was submitted, claimant sustained fracture of right tibia. Tribunal has awarded only Rs.25,000/- towards ‘pain and suffering’ which is on lower side. It was submitted, even award of Rs.22,000/- towards diet and attendant charges for in-patient treatment for 30 days was on lower side. It was submitted, claimant has stated that he was working as driver, earning Rs.9,000/- per month and Rs.2 Lakhs per annum from agriculture. But Tribunal considered his monthly income notionally at Rs.7,000/-, which was also on lower side, even when avocation was substantiated by production of Driving Licence as Ex.P24. It was further submitted, claimant had sustained permanent physical disability of 19% as assessed by PW.2. However, tribunal considered functional disability at 7%, - 5 - HC-KAR NC: 2025:KHC-K:3809 MFA No. 202511 of 2019 which was on lower side. It was also submitted, Rs.10,000/- awarded towards loss of amenities and Rs.14,000/- towards loss of income during laid-up period were inadequate and sought for enhancement. 7. On other hand, Sri S.S. Aspalli, learned counsel for Insurer opposed appeal. It was submitted, even as per claimant himself, his income is Rs.9,000/- per month. Therefore, Tribunal was not justified in taking income at Rs.7,000/- per month. Thus, there was no scope for enhancement. 8. Heard learned counsel and perused impugned judgment and award. 9. From above and since it is claimant’s appeal for enhancement, 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 10. Insofar as monthly income, though claimant stated, he was aged 32 years of age and working as driver and earning - 6 - HC-KAR NC: 2025:KHC-K:3809 MFA No. 202511 of 2019 Rs.9,000/- per month and Rs.2 Lakhs per annum from agriculture, there is no specific evidence about income. However, Ex.P24 substantiated his avocation as driver. In fact, accident was occurred while he was driving vehicle. 11. Perusal of Ex.P24 would reveal that claimant was having valid driving licence to drive heavy passenger vehicle, heavy transport vehicle apart from light motor vehicle, valid as on date of accident. 12. This Court in MFA no.201173/2021, determined monthly income of driver of transport vehicle at Rs.20,000/-. Same has to be considered as monthly income. As per Ex.P12- wound certificate, Ex.P18-discharge summary and Ex.P19- disability certificate, claimant sustained fracture of right tibia. Tribunal awarded Rs.25,000/- towards ‘pain and suffering’ which appears just and proper. 13. Likewise, there is award of Rs.29,935/- towards medical expenses against bills produced. Since there is complete reimbursement, there is no scope for enhancement. - 7 - HC-KAR NC: 2025:KHC-K:3809 MFA No. 202511 of 2019 14. Tribunal awarded Rs.14,000/- towards loss of income during treatment. Normally, fractures take three months to heal. Therefore, claimant would be entitled for Rs.60,000/- (Rs.20,000*3) towards loss of income during laid- up period. For in-patient treatment period of 32 days, award of Rs.22,000/- would not be justified and it would be appropriate to enhance same at Rs.30,000/-. 15. In his deposition, though PW.2 assessed permanent physical disability of claimant at 19% to limb, Tribunal considered functional disability at 7%. Taking note of fact that there is terminal restriction of movement of right knee and occupation of claimant as driver of heavy motor vehicle, assessment of functional disability at 7% would be on lower side. It is found just and appropriate to 10%. Tribunal applied appropriate multiplier of 16. Thus, compensation towards future loss of income would be Rs.3,84,000/- (Rs.20,000/- x 10% x 12 x 16). 16. Considering age, occupation and disability sustained by claimant, Rs.10,000/- awarded towards loss of amenities - 8 - HC-KAR NC: 2025:KHC-K:3809 MFA No. 202511 of 2019 would be on lower side and same is enhanced to Rs.30,000/-. Thus, compensation is recomputed as under: 1 Towards Pain suffering Rs.25,000/- 2 Towards Medical Expense Rs.29,935/- 3 Towards Diet and attendant charges Rs.30,000/- 4 Towards loss of income during laid- up period Rs.60,000/- 5 Towards loss of future earnings Rs.3,84,000/- 6 Towards loss of Amenities Rs.30,000/- TOTAL Rs.5,58,935/- 17. Point for consideration is answered partly in affirmative. Consequently, following: ORDER i. Appeal is allowed in part; ii. Judgment and award dated 04.07.2019 passed by Principal Senior Civil Judge and MACT, Kalaburagi, in MVC no.891/2013 is modified. iii. Claimant is entitled for total compensation of Rs.5,58,935/- as against Rs.1,95,000/- awarded by Tribunal with interest at rate of 6% per annum from date of claim petition till realization. - 9 - HC-KAR NC: 2025:KHC-K:3809 MFA No. 202511 of 2019 iv. Insurer is held liable to pay same and is directed to deposit same with interest before Tribunal within six weeks. v. Conditions imposed by Tribunal about deposit and release would apply to enhanced compensation proportionately. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 42