- 1 - NC: 2025:KHC-K:1469 MFA No. 200467 of 2021 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.200467 OF 2021 (MV-I) BETWEEN: SMT. MUKTABAI W/O VAIJINATH CHATNALE, AGE: 56 YEARS, OCC: AGRI, NOW NIL, R/O HIPPALGAON, TQ. AURAD (B), DIST.BIDAR, NOW AT GANESHNAGAR, H.NO.1531995, OPP. KAILASH HERO SHOWROOM, MANAHALLI ROAD, BIDAR. …APPELLANT (BY SRI. SANDEEP VIJAYKUMAR, ADVOCATE) AND: 1. MR.SHEELA TADAKAL W/O SHIVANAND, R/O H.NO.16-6-155/2, SHIVNAGAR (NORTH), BIDAR-585 401. (OWNER OF VEHICLE). 2. BRANCH MANAGER, UNITED INDIA INSURANCE COMAPNY LTD., BASAVA SHREE COMPLEX, 1ST FLOOR, SHOP NO.810268 TO 273, STADIUM ROAD, BIDAR-585 401. …RESPONDENTS (BY SMT. ANURADHA M. DESAI, ADV. FOR R2; V/O DTD. 01.06.2021, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1469 MFA No. 200467 of 2021 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 10.08.2018 PASSED IN MVC NO.297/2015 ON THE FILE THE COURT OF THE ADDL. MACT-II AND PRL. SENIOR CIVIL JUDGE AND CJM AT BIDAR. 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) By consent of both the parties, the matter is taken up for final disposal even though it is listed for admission. 2. Heard the learned counsel appearing for appellant and learned counsel for respondent No.2. 3. Being aggrieved by the judgment and award in MVC No.297/2015 dated 10.08.2018 by the learned Principal Senior Civil Judge and Addl. MACT, Bidar the petitioner is before this Court in appeal seeking enhancement of the compensation amount. 4. The petitioner had met with a road traffic accident on 12.11.2014 while she was crossing the road. - 3 - NC: 2025:KHC-K:1469 MFA No. 200467 of 2021 The rider of the Honda Activa scooter bearing Reg.No.KA- 38/L-033 came in a negligent manner and dashed against her, resulting in fracture of right hip and few other simple injuries. She was shifted to Government Hospital, Bidar where she took treatment for a period of seven days. Therefore, she sought for compensation from the owner and insurer of two wheeler. 5. The petition was resisted by respondent Nos.1 and 2 contending that there was no such negligence on the part of the rider of the motorcycle and the compensation claimed is highly exorbitant and not maintainable. The respondent No.2 also denied the due compliances of the conditions of the policy. 6. The Tribunal framed the appropriate issues and after obtaining evidence has awarded a compensation of `1,59,000/- under following heads : Sl.No. Heads Compensation 1. Pain and suffering `50,000/- 2. Loss of amenities `75,000/- 3. Loss of income `24,000/- - 4 - NC: 2025:KHC-K:1469 MFA No. 200467 of 2021 4. Towards attendant, conveyance, and food and extra nourishment charges `10,000/- Total `1,59,000/- 7. Being aggrieved by the same, the petitioner is before this Court. The fact that the petitioner had met with an accident involving the vehicle owned by respondent No.1, insured by respondent No.2 and that there was no violations of the terms and conditions of the policy is not in dispute. 8. Learned counsel appearing for the petitioner would submit that the Tribunal failed to award any compensation under the head loss of future income on account of disability. It is submitted that PW.2 being a treated Doctor, had deposed that there is a disability of 43% to the right lower limb and the same has not been considered by the Tribunal. 9. The counsel for Respondent No.2 would submit that the Tribunal has awarded compensation after considering all the relevant factors. The petitioner had - 5 - NC: 2025:KHC-K:1469 MFA No. 200467 of 2021 sustained only a fracture of inferior pubic rami and the disability stated by PW.2 at 43% is exorbitant and without properly considering the nature of the injury. She submits that there is no indulgence by this Court to enhance the compensation. 10. The petitioner is a lady, aged about 58 years working as an agriculturist and homemaker and she had suffered a fracture of inferior pubic rami as per discharge summary produced at Ex.P.6. The disability certificate produced by the petitioner at Ex.P.7 shows that there are restriction of the movement of the joints and it has resulted in disability. Fracture of inferior pubic rami resulting in restriction of the movement and the wasting of calf muscles appears to be an exaggerated version and therefore it would not be proper to accept the testimony of PW.2 in entirety. However, a lady having suffered the fracture of inferior pubic rami at the age of 58 years, definitely results in certain disability for her and this Court considers the same at 8%. - 6 - NC: 2025:KHC-K:1469 MFA No. 200467 of 2021 11. The petitioner has not produced any material to show her income. Therefore the notional income has to be considered and the guidelines issued by the KSLSA for the purpose of settlement of the claims before Lok-Adalat prescribed the notional income at Rs.7,500/- for the year 2014. In umpteen number of judgment, this Court has held that the guidelines issued by KSLSA are in a general conformity with the wages fixed under the Minimum Wages Act. Therefore, the loss of future income on account of disability is calculated at `7,500/- x 12 x 8% x 9 = 64,800/- by adopting the multiplier of ‘9’ for the age of 58 years. 12. As a consequence, the petitioner is also entitled for a sum of `15,000/- under the head loss of income during laid up period by adopting such laid period as two months. 13. In the result, the compensation awarded by the Tribunal under the head loss of amenities has to be reduced and the same is assessed at `40,000/-. Hence, - 7 - NC: 2025:KHC-K:1469 MFA No. 200467 of 2021 the petitioner is entitled for a revised enhanced compensation under the following heads: Sl.No. Heads Compensation 1. Pain and suffering `50,000/- 2. Loss of amenities `40,000/- 3. Loss of income during laid up period `15,000/- 4. Towards attendant, conveyance, and food and extra nourishment charges `10,000/- 5. Loss of future income on account of disability `64,800/- Total `1,79,800/- Less : Awarded by the Tribunal `1,59,000/- Enhancement `20,800/ `20,800/ `20,800/ `20,800/---- Thus, the appellant is entitled for enhanced compensation of `20,800/- with interest. 14. Therefore, the appeal deserves to be allowed in part. Hence, the following: ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award passed by the Tribunal is modified by awarding a sum of ````20,800/- in addition to what has - 8 - NC: 2025:KHC-K:1469 MFA No. 200467 of 2021 been awarded by the Tribunal together with interest at 6% p.a. from the date of petition till its realization. (iii) The respondent No.2 – Insurance Company is directed to deposit the entire compensation amount within a period of six weeks from the date of this order, excluding the interest for the delayed period of 797 days in filing the appeal . (iv) Rest of the order passed by the Tribunal remains unaltered. Sd/- (C M JOSHI) JUDGE SN List No.: 1 Sl No.: 35 CT: AK