- 1 - HC-KAR NC: 2025:KHC-K:3840 MFA No. 200191 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO. 200191 OF 2023 (MV-I) BETWEEN: MAHEBOOB S/O LATE KHADAR BASHA, AGE: 22 YEARS, OCC: MECHANIC CUM WATER WASHER R/O: NEAR MASJID, JANATA COLONY, SINDHANUR, TQ: SINDHANUR, DIST: RAICHUR – 584 101. NOW RESIDING AT BALAGANOOR ROAD, MASKI, TQ: MASKI, DIST: RAICHUR – 584 124. …APPELLANT (BY SRI BASAVARAJ R.MATH, ADVOCATE) AND: 1. PEER SAB N. S/O KASHEEM SAB, AGE: 56 YEARS, OCC: DRIVER, NOW RESIDING AT BLAPURAM MET, HYDERABAD TALANGANA STATE AND JAYEE DAILY PARCEL SERVICE JAYA PRAKASHAM KUPPU, PLOT NO.28 BLOCK NO.9, AUTO NAGAR, VANASTHALIPURAM, HAYATH NAGAR, RANGAREDDY, DIST: ANDHRA PRADESH – 500 074. (DRIVER OF LORRY BEARING NO.AP-29/TB-8012) 2. JAYEE DAILY PARCEL SERVICE, PRAKASHAM KUPPU, PLOT NO.28, Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3840 MFA No. 200191 of 2023 BLOCK NO.9, AUTO NAGAR, VANASTHALIPURAM, HAYATH NAGAR RANGAREDDY, DIST: ANDHRA PRADESH – 500 074. 3. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LTD., ARYA EDIGA HOSTEL COMPLEX, DOUBLE ROAD, OPP: OLD BUS STAND, POST AND DIST: BELLARY – 583 101. (POLICY CERTIFICATE NO.61280631170100004315 VALID FROM 24.03.2018 TO 23.03.2019) …RESPONDENTS (BY SRI S.S.ASPALLI, ADVOCATE FOR R3; NOTICE TO R1 AND R2 ARE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO CALL FOR RECORDS AND ENHANCE THE AWARD AMOUNT BY MODIFYING THE IMPUGNED JUDGMENT AND AWARD DATED 09.09.2022 PASSED BY THE SENIOR CIVIL JUDGE AND MACT, LINGASUGUR, IN MVC NO.54/2019, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2025:KHC-K:3840 MFA No. 200191 of 2023 ORAL JUDGMENT Though appeal is listed for admission, with consent of learned counsel for parties, it is taken up for final disposal. 2. Challenging judgment and award dated 09.09.2022 passed by Senior Civil Judge and Motor Accident Claims Tribunal, Lingasugur, (for short, ‘Tribunal’) in MVC no.54/2019, this appeal is filed. 3. Sri Basavaraj R. Math, learned counsel submitted, appeal was by claimant for enhancement of compensation. It was submitted, at about 10:00 a.m., on 11.04.2018, claimant was riding motorcycle bearing no.KA-05/EW-6547 on Sindhanur-Raichur road, near LIC Office, when driver of Lorry no.AP-29/TB-8012 drove it in rash and negligent manner and dashed against motorcycle causing accident. In accident, claimant sustained fracture to right leg and grievous injuries to other parts of body. Despite taking treatment at Government Hospital, Sindhanur and VIMS Hospital at Ballari, he did not recover fully and sustained permanent physical disability and loss of earning capacity. Therefore, he filed claim petition under - 4 - HC-KAR NC: 2025:KHC-K:3840 MFA No. 200191 of 2023 Section 166 of Motor Vehicles Act, against owner and insurer of Lorry. 4. On contest, wherein insurer denied age, occupation and income of claimant and alleged accident occurred due to negligence of claimant, that he did not possess valid and effective driving licence as on date of accident etc., tribunal framed issues and recorded evidence. Claimant examined himself and Dr.Syed Sadath Hussain as PWs.1 and 2 and got marked Exs.P1 to P22, while insurer examined its official as RW.1 and got marked Exs.R1 and R2. 5. On consideration, tribunal held accident occurred due to rash and negligent driving of Lorry by its driver, claimant sustained permanent physical disability and loss of earning capacity and was entitled for compensation from insurer as follows: Sl.No. Heads of Compensation Amount 1 Medical Expenses Rs. 10,900/- 2 Loss of future earning on account of permanent disability Rs.5,40,000/- 3 Loss of earning during the treatment Rs. 30,000/- 4 Loss of amenities and happiness Rs. 10,000/- 5 Food and nourishment and attendant charges Rs. 15,000/- 6 Pain and suffering Rs. 50,000/- - 5 - HC-KAR NC: 2025:KHC-K:3840 MFA No. 200191 of 2023 7 Future medical expenses Rs. 10,000/- Total Rs.6,65,900/- 6. Not satisfied, claimant is in appeal. It was submitted, though claimant was stated to be 19 years old working as Mechanic/Water Service and earning Rs.40,000/- per month, tribunal considered Rs.10,000/- as income, which was on lower side. It was submitted, claimant sustained amputation of right leg at knee level. Tribunal only awarded Rs.50,000/- towards pain and suffering and even award of Rs.10,000/- towards loss of amenities, Rs.15,000/- towards Food, nourishment and attendant charges were meager. Even award towards loss of income during laid-up period and future medical expenses was inadequate and sought enhancement. It was further submitted, PW.2 had assessed permanent physical disability at 75%, tribunal erred in assessing it at 25% and sought enhancement. 7. On other hand, Sri SS Aspalli, learned counsel for insurer opposed appeal. It was submitted, Tribunal had taken note of all related facts and circumstances and determined just compensation, leaving no scope for enhancement. - 6 - HC-KAR NC: 2025:KHC-K:3840 MFA No. 200191 of 2023 8. Heard learned counsel. Perused impugned judgment and award and record. 9. From above and since claimant is in appeal for enhancement of compensation, point that would arise for consideration is: “Whether claimant is entitled for enhancement of compensation as sought for?” 10. Same is answered partly in affirmative for following reasons. 11. Insofar as pain and suffering, treatment records would indicate amputation of right leg at knee level. Hon’ble Supreme Court in Govind Yadav v. New India Insurance Co. Ltd., reported in 2012 ACJ 28, awarded Rs.1,50,000/- towards pain and suffering in case of amputation. Therefore, award of Rs.50,000/- would not be justified. Claimant is held entitled to Rs.1,50,000/- towards pain and suffering. 12. Insofar as monthly income, claimant stated he was working as Mechanic/Water Service and earning Rs.40,000/- - 7 - HC-KAR NC: 2025:KHC-K:3840 MFA No. 200191 of 2023 per month. No material was placed to substantiate same. In absence, it was assessed notionally. Notional income for year 2018 being Rs.11,750/- as adopted by KSLSA for settlement of cases before Lok-Adalat, same has to be considered. 13. Normally, in case of amputation of lower limb, six months’ period has to be taken as lay off. Therefore, claimant would be entitled to Rs.70,500/- towards loss of income during laid-up period. 14. Insofar as loss of future earning, tribunal assessed it at 25%. When claimant has sustained amputation of right leg at knee level, apart from fracture of bones in left leg also, it would have greater impact on earning capacity. Considering young age and possibility of earning income by alternative avocation, it would be appropriate to assess loss of earning capacity at 50%. As per decision in case of Mohd.Sabeer @ Shabir Hussain v. Regional Manager, UPSRTC reported in (2023) 20 SCC 774, even in personal injury claims, future prospects has to be added to monthly income. Since claimant was 19 years of age and self employed, 40% has to be added - 8 - HC-KAR NC: 2025:KHC-K:3840 MFA No. 200191 of 2023 and multiplier applicable would be 18. Thus, computation would be: (Rs.11,750/- + 40%) x 50% x 12 x 18 = Rs.17,76,600/- 15. Tribunal has awarded Rs.10,900/- towards medical expenses against bills produced. Same would not call for any interference. When claimant took in-patient treatment for period of 32 days, award of Rs.15,000/- towards food, nourishment and attendant charges would be inadequate. Same is enhanced to Rs.30,000/-. 16. Insofar as loss of amenities, Hon’ble Supreme Court in Raj Kumar v. Ajay Kumar & Anr. reported in (2011) 1 SCC 343, in case of amputation, awarded Rs.1,50,000/- towards loss of amenities. Award of Rs.10,000/- by tribunal would be grossly inadequate and is enhanced to Rs.1,50,000/-. Tribunal has awarded only Rs.10,000/- towards future medical expenses. Considering requirement of artificial limb, its periodical repair and replacement, it would be appropriate to award sum of Rs.1,00,000/-. Thus, claimant is held entitled for re-assessed compensation of Rs.22,88,000/-. - 9 - HC-KAR NC: 2025:KHC-K:3840 MFA No. 200191 of 2023 ORDER i. Appeal is allowed in part, judgment and award dated 09.09.2022 passed by Senior Civil Judge and Motor Accident Claims Tribunal, Lingasugur, in MVC no.54/2019 is modified. Claimant is held entitled for total compensation of Rs.22,88,000/- as against Rs.6,65,900/- awarded by Tribunal with interest at rate of 6% per annum from date of claim petition till deposit. ii. Respondent-Insurer to deposit same before tribunal within a period of six weeks. iii. Conditions about ratio of amount to be deposited/released would apply as per tribunal to enhanced compensation proportionately. Sd/- (RAVI V HOSMANI) JUDGE NB List No.: 1 Sl No.: 43 Ct: Vk