- 1 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.203619 OF 2023 (MV-I) C/W MISCL. FIRST APPEAL NO.203676 OF 2023 (MV-I) MISCL. FIRST APPEAL NO.203681 OF 2023 (MV-I) IN MFA NO.203619/2023: BETWEEN: AYESHA W/O BADRUDDIN MURSHAD, AGE: 54 YEARS, OCC: HOUSEHOLD WORK AND COOLIE WORK (NOW NIL), R/O KARAKAMB, TQ. PANDARPUR, NOW AT PATEL GALLI, VIJAYAPURA-586 101. …APPELLANT (BY SRI. BASAVARAJ R. MATH, ADVOCATE) AND: 1. SANTOSH S/O BANDU MALI, AGE: MAJOR, OCC: OWNER OF BEOLERO JEEP BEARING NO. MH.09/CM.0079, R/O MALI GALLI AT SIROLI DUMALA, TQ. KARAVEER, DIST. KOLHAPUR-416 007. 2. THE MANAGER, NEW INDIA INSURANCE CO. LTD., GURUKUL ROAD, VIJAYAPUR-586 101. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 …RESPONDENTS (BY SRI. UDAY P. HONGUNTIKAR, ADV. FOR R2; V/O DTD. 02.01.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFYING THE IMPUGNED JUDGEMENT AND AWARD DATED 22-02-2023 PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND MACT XII, AT VIJAYAPURA IN MVC NO. 844/2019. IN MFA NO.203676/2023: BETWEEN: BADRUDDIN S/O ABDUL MURSHAD, AGE: 58 YEARS, OCC: AGRICULTURE AND COOLIE WORK (NOW NIL), R/O KARAKAMB, TQ. PANDARPUR, NOW AT PATEL GALLI, VIJAYAPURA-586 101. …APPELLANT (BY SRI. BASAVARAJ R. MATH, ADVOCATE) AND: 1. SANTOSH S/O BANDU MALI, AGE: MAJOR, OCC: OWNER OF THE BELORO JEEP BEARING NO. MH.09/CM.0079, R/O MALI GALLI AT SIROLI DUMALA, TQ. KARAVEER, DIST. KOLHAPUR-416 007. 2. THE MANAGER, NEW INDIA INSURANCE CO. LTD., GURUKUL ROAD, VIJAYAPURA-586 101. …RESPONDENTS - 3 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 (BY SRI. UDAY P. HONGUNTIKAR, ADV. FOR R2; V/O DTD. 30.10.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFYING THE IMPUGNED JUDGEMENT AND AWARD DATED 22.02.2023 PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND MACT XII, AT VIJAYAPURA, IN MVC NO. 843/2019. IN MFA NO.203681/2023: BETWEEN: ZIDAN S/O JUBAIR MURSHAD, AGE: 08 YEARS, OCC: NIL, APPELLANT IS MINOR M/G JUBAIR S/O BADRUDDIN MURSHAD, AGE: 32 YEARS, OCC: COOLIE WORK, R/O KARAKAMB, TQ. PANDARPUR, NOW AT PATEL GALLI, VIJAYAPURA-586 101. …APPELLANT (BY SRI. BASAVARAJ R. MATH, ADVOCATE) AND: 1. SANTOSH S/O BANDU MALI, AGE: MAJOR, OCC: OWNER OF BEOLERO JEEP BEARING NO. MH.09/CM.0079, R/O MALI GALLI AT SIROLI DUMALA, TQ. KARAVEER, DIST. KOLHAPUR-416 007. 2. THE MANAGER, NEW INDIA INSURANCE CO. LTD., GURUKUL ROAD, VIJAYAPURA-586 101. …RESPONDENTS - 4 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 (BY SRI. UDAY P. HONGUNTIKAR, ADV. FOR R2; V/O DTD. 06.11.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFYING THE IMPUGNED JUDGEMENT AND AWARD DATED 22.02.2023 PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND MACT XII, AT VIJAYAPURA IN MVC NO. 854/2019. THESE APPEALS COMING ON FOR FINAL HEARING, 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) These appeals are filed by the petitioners in MVC No.843/2019, MVC No.844/2019 and MVC No.845/2019 assailing the common judgment rendered by the III Addl. Senior Civil Judge & MACT-XII, Vijayapura, dated 22.02.2023 seeking enhancement of the compensation amount. 2. The factual matrix of the case is that on 22.05.2019 at about 1.00 p.m, the petitioner Badruddin (MVC No.843/2019) was riding a motorcycle bearing - 5 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 No.MH-13/CW-1768 with his wife-Ayesha (petitioner in MVC No.844/2019) and his grandson-Zidan, aged 4 years (petitioner in MVC No.845/2019) as pillion riders. On Temburani - Karakamb road, a Bolero jeep bearing MH- 09-CM-0079 came from hind side and dashed to the motorcycle of the petitioners resulting in they falling down and sustaining injuries. All of them were shifted to Jagatap Hospital, Karakamb and later to BINIT Hospital, Solapur for treatment. A case came to be registered by the jurisdictional police against the driver of the Bolero vehicle. 3. The petitioner Badruddin contended that he had sustained fracture of the elbow joint and working as a agricultural coolie, aged about 57 years, had suffered permanent disability on account of the injuries sustained in the accident. The petitioner-Ayesha contended that she had sustained fracture of pubic rami of both the sides and fracture of sacrum resulting in permanent disability and she was an agriculturist, aged 52 years. The minor - 6 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 petitioner-Zidan contended that he being aged 4 years, had suffered fracture of the left femur resulting in permanent disability. Therefore, they claimed just and reasonable compensation from the owner and insurer of the Bolero jeep. 4. On being issued with the notice in all these petitions, the respondent No.1 did not appear despite service of notice and as such was placed ex-parte. The respondent No.2-insurance company appeared and resisted the petition by filing written statement. It contended that the accident occurred due to the rash and negligent driving of the petitioner Badruddin and that the compensation claimed is highly exorbitant, imaginary and untenable in law. It also denied the age, income and occupation of the petitioner and further contended that there was a violation of the terms and conditions of the policy by the respondent No.1. - 7 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 5. On the basis of the above contentions, the Tribunal framed appropriate issues and the petitioners Badruddin and Ayesha were examined as PW1 and PW2. Guardian of Zidan was examined as PW3. The medical officers who assessed the disability were examined as PW4 and PW5. Ex.P1 to 29 were marked in evidence. The respondent No.2 did not adduce any evidence in the matter. After hearing the arguments, the Tribunal has awarded compensation as below: In MVC No.843/2019 Sl. No. Head of Compensation Amount in Rs. I. PECUNIARY DAMAGES (Special Damages) 1 Expenses relating to: a) To treatment, hospitalization, medicines. (Rs.26,000/- (Rs.25,470/- Rounded off to Rs.26,000/-) 26,000.00 b) Nourishing food and miscellaneous expenditure 20,000.00 2 Loss of earnings which the injured would have made had she not been injured, comprising: a) Loss of earnings during period of treatment. 20,000.00 b) Loss of future earnings on account of permanent disability. 43,200.00 - 8 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 II. NON-PECUNIARY DAMAGES (General Damages) 3 Damages for pain, suffering and trauma as a consequence of the injuries 25,000.00 4 Loss of amenities (and / or loss of prospects of marriage) 20,000.00 5 Loss of expectation of life (shortening of normal longevity) - Total 1,54,200.00 In MVC No.844/2019 Sl. No. Head of Compensation Amount in Rs. I. PECUNIARY DAMAGES (Special Damages) 1 Expenses relating to: a) To treatment, hospitalization, medicines. (Rs.26,000/- (Rs.25,470/- Rounded off to Rs.26,000/-) 2,49,000.00 b) Nourishing food and miscellaneous expenditure 20,000.00 2 Loss of earnings which the injured would have made had she not been injured, comprising: a) Loss of earnings during period of treatment. 40,000.00 b) Loss of future earnings on account of permanent disability. 1,32,000.00 II. NON-PECUNIARY DAMAGES (General Damages) 3 Damages for pain, suffering and trauma as a consequence of the injuries 30,000.00 4 Loss of amenities (and / or loss of prospects of marriage) 20,000.00 5 Loss of expectation of life (shortening of normal longevity) - Total 4,91,000.00 - 9 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 In MVC No.845/2019 Sl. No. Head of Compensation Amount in Rs. 1 Towards medical bill amount 49,000.00 2 Loss of earnings to the parents on account of permanent disability 1,00,000.00 3 Discomfort, inconvenience and loss of earnings to the parents during the period of hospitalization 10,000.00 Total 1,59,000.00 6. Being aggrieved by the same, the petitioner in MVC No.843/2019 has approached this Court in MFA No.203676/2023, petitioner in MVC No.844/2019 has approached this Court in MFA No.203619/2023 and petitioner in MVC No.845/2019 has approached this Court in MFA No.203681/2023. 7. Arguments by learned counsel appearing for the appellants and learned counsel appearing for respondent No.2-insurance company were heard. 8. The learned counsel appearing for the appellants submits that: - 10 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 a) The petitioner in MVC No.843/2019 having suffered the fracture of the elbow joint and therefore, there is a disability to him. It is submitted that he being an agriculture coolie, aged about 57 years, has disability of 10% as stated by PW5. He submits that the Tribunal has taken the disability at 4% which is on lower side. He also submits that the notional income considered by the Tribunal is on the lower side. b) The petitioner in MVC No.844/2019 had suffered fracture of pubic rami and fracture of bone resulting in 20 to 25% disability as stated by PW4. However, the Tribunal has taken the disability at 10% which is on the lower side. c) So far as the petitioner in MVC No.845/2019 is concerned, the minor boy aged about 4 years has suffered fracture of femur and as per PW5, there is a disability of 16%. However, the - 11 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 Tribunal takes the disability at 5% which is erroneous. Hence, he seek re-assessment and enhancement of the compensation in all these appeals. 9. Per contra, the learned counsel appearing for the insurance company would submit that the Tribunal has considered the disability suffered by the petitioners in a proper way and has assessed the functional disability with reference to their avocation. Therefore, he seek dismissal of the appeals on the ground that the compensation awarded is just proper and adequate. 10. The Tribunal while assessing the compensation, has taken the notional income at Rs.10,000/- per month. Learned counsel for the appellant submit that the notional income is on the lower side. The guidelines issued by the KSLSA for settlement of disputes before the Lok-Adalath prescribe a notional income of Rs.13,250/- for the year 2019. In umpteen number of judgments, this Court is - 12 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 held that the notional income prescribed by the KSLSA are in general conformity with the wages fixed under Minimum Wages Act. Therefore, the notional income has to be considered at Rs.13,250/- per month. In MVC No.845/2019 (MFA No.203681/2023) 11. The petitioner Badruddin as PW1 states that he had sustained fractures in the said accident and took treatment at BINIT Hospital. The wound certificate produced at Ex.P8, the discharge summary produced at Ex.P6 and the disability certificate produced at Ex.P26 would show that he had suffered head injury with fracture at the inferior portion of glenohumeral joint. The treatment was conservative. There being restriction of the movement and loss of strength, the PW5-Dr.S.V.Havinal stated that there is permanent disability of 10% to the right upper limb. After appreciating the evidence, the Tribunal holds that there is a functional disability of 4%. It is pertinent to note that he being aged about 57 years, awarded compensation as mentioned above. - 13 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 12. On a careful perusal of the evidence available on record, this Court is of the view that there is no need for enhancement of the functional disability. Therefore, the loss of future income on account of disability is calculated as Rs.13,250/- x 12 x 4% x 9 = Rs.57,240/-. 13. Consequently, by considering the laid up period to be three months, loss of earning during laid up period is calculated at Rs.39,750/-. 14. The compensation awarded by the Tribunal for the pain and suffering needs to be enhanced to Rs.40,000/-. Similarly the compensation under the head of loss of amenities in life also needs to be enhanced to Rs.30,000/-. The compensation under the remaining heads do not require any enhancement. Hence, the petitioner-Badruddin is entitled for compensation of Rs.1,92,990/- instead of Rs.1,54,200/- under the following heads. - 14 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 Sl. No Heads Amount awarded by this Court 1. Medical expenses Rs.26,000/- 2. Loss of future income on account of disability Rs.57,240/- 3. Loss of earning during laid up period Rs.39,750/- 4. Pain and suffering Rs.40,000/- 5. Loss of amenities in life Rs.30,000/- Total Rs.1,92,990/- Less awarded by the Tribunal Rs.1,54,200/- Enhancement Rs.38,790/- In MVC No.844/2019 (MFA No.203619/2023) 15. The petitioner-Ayesha as PW2 states that she had sustained fracture of both the bones pubic rami and she underwent CRIF with screw fixation and sacrum fracture treated with K-wire fixation. The PW4 who assessed the disability states that there is 20 to 25% disability to her, relatable to lower limbs. The disability certificate is at Ex.P19. The PW2 claims herself to be an agricultural coolie, aged 52 years. The wound certificate produced at Ex.P14 and the disability certificate at Ex.P24 also show the same. The Tribunal assesses the functional disability of the petitioner at 10%. It is worth to note that - 15 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 the petitioner being a lady aged about 52 years, has suffered fracture of pubic rami and sacrum. Obviously, the difficulties faced by her in performing her duty as agriculturist would be on the higher side. Therefore, the functional disability is taken at 14%. Consequently, the loss of income on account of disability is calculated as Rs.13,250/- x 12 x 14 % x 11 = Rs.2,44,860/- by taking the multiplier of 11 for the age of 52 years. 16. Consequently, by considering the laid up period to be 4 months, the loss of earning during laid up period is calculated as Rs.53,000/- (13,250 x 4). 17. The compensation awarded by the Tribunal for the pain and suffering needs to be enhanced to Rs.45,000/-. Similarly the compensation under the head of loss of amenities in life also needs to be enhanced to Rs.40,000/-. The compensation under the head of food, nourishment, attendant charges needs to be enhanced to Rs.30,000/- owning to her prolonged treatment. The - 16 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 compensation under the remaining heads do not require any enhancement. Hence, the petitioner-Ayesha is entitled for compensation of Rs.6,61,860/- instead of Rs.4,91,000/- under the following heads. Sl. No Heads Amount awarded by this Court 1. Medical expenses Rs.2,49,000/- 2. Loss of future income on account of disability Rs.2,44,860/- 3. Loss of earning during laid up period Rs.53,000/- 4. Pain and suffering Rs.45,000/- 5. Loss of amenities in life Rs.40,000/- 6. Food, nourishment, attendant charges Rs.30,000/- Total Rs.6,61,860/- Less awarded by the Tribunal Rs.4,91,000/- Enhancement Rs.1,70,860/- In MVC No.845/2019 (MFA No.203681/2023) 18. The petitioner-Zidan through his guardian as PW3 states that he had suffered fracture of left femur, left hand and chest. The discharge summary at Ex.P19 would show that he was inpatient for 4 days at BINIT Hospital. The testimony of PW5 coupled the disability certificate issued by him at Ex.P28 would disclose that there is mild - 17 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 deformity of left thigh as the child has undergone CRIF. He assesses the disability of the limb at 16%. The Tribunal assessed the disability at 6%. It is pertinent to note that the petitioner is a minor boy aged about 4 years. Therefore, it is difficulty to assess the functional disability. Under these circumstances, when PW5 has stated that there is a disability of 16%, it has to be held that the functional disability would be slightly higher than half of it. The petitioner cannot be awarded any compensation under the head of loss of future income on account of disability. By applying the principles laid down in the case of Mallikarjun V/s National Insurance Co. Ltd.1, the petitioner is entitled for the compensation of Rs.3,00,000/- excluding medical expenses. The medical expenses assessed by the Tribunal at Rs.49,000/- and parental expenses of Rs.10,000/- do not need any interference. Hence, the petitioner is entitled for a sum of 1 AIR 2014 SC 736 - 18 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 Rs.3,59,000/- instead of a sum of Rs.1,59,000/- awarded by the Tribunal. 19. In the result, the appeals succeed in part. Hence the following: ORDER All the appeals are allowed in part. The petitioner in MVC No.843/2019 (MFA No.203676/2023) is entitled to a sum of Rs.38,790/- in addition to the compensation awarded by the Tribunal together with interest at 6% p.a. from the date of petition till its realization. The petitioner in MVC No.844/2019 (MFA No.203619/2023) is entitled to a sum of Rs.1,70,860/- in addition to the compensation awarded by the Tribunal together with interest at 6% p.a. from the date of petition till its realization. The petitioner in MVC No.845/2019 (MFA No.203681/2023) is entitled to a sum of Rs.2,00,000/- in - 19 - NC: 2025:KHC-K:2258 MFA No. 203619 of 2023 C/W MFA No. 203676 of 2023 MFA No. 203681 of 2023 addition to the compensation awarded by the Tribunal together with interest at 6% p.a. from the date of petition till its realization. The respondent No.2 - Insurance Company is directed to deposit the compensation amount with interest within 04 months from the date of this judgment. Rest of the order passed by the Tribunal remain unaltered. The Registry to send back the Trial Court Records to the concerned Court. Sd/- (C M JOSHI) JUDGE SMP List No.: 1 Sl No.: 64 CT: AK