- 1 - NC: 2025:KHC:310 MFA No. 1504 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.1504 OF 2023(MV-I) BETWEEN: SHAKUNTHALA SHERVEGARTHI, AGED ABOUT 33 YEARS, D/O VASANTHI N. AND NARAYANA SHERVEGAR, R/O. 2-34, KOLLABETTU, MOODUMANE, PADOORU VILLAGE, PADAVU POST, UDUPI TALUK AND DISTRICT …APPELLANT (BY MR. S.M.ANFAL, ADVOCATE FOR SRI K. PRASANNA SHETTY, ADVOCATE) AND: 1. JINARAJA C.SALIYAN, HEADMASTER, SHRI NARAYANA GURU HIGH SCHOOL, C/A. BILLAVARA ASSOCIATION SHANTHIPURA, PADUBELLE, BELLE VILLAGE AND POST, UDUPI TALUK AND DISTRICT 576 101. 2. UNITED INDIA INSURANCE CO.LTD., REPT. BY ITS BRANCH MANAGER, P.BB. NO.29, 2ND FLOOR, SUSHILA SANJIV ENCLAVE, NEAR KARNATAKA BANK LIMITED, MARKET ROAD, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:310 MFA No. 1504 of 2023 KARKALA VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576 104. …RESPONDENTS (BY SRI RAVISH BENNI, ADVOCATE FOR R2; VIDE ORDER DATED 13.10.2023, NOTICE TO R1 IS DISPENSED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 10.01.2023 PASSED IN MVC NO.358/2019 BY THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the appellant-claimant challenging the judgment and award dated 10.01.2023 passed in MVC.No.358/2019 by the Court of the Senior Civil Judge and Additional MACT, Kundapura (for short ‘the tribunal’). The appeal is preferred on the premise of inadequate and meager compensation awarded by the tribunal. 2. Parties to the appeal shall be referred to as per their status before the tribunal. - 3 - NC: 2025:KHC:310 MFA No. 1504 of 2023 3. Brief facts of the case are as under: On 18.02.2019 at about 08-50 a.m., the claimant was walking on the mud road near Little Huts Restaurant of Shirva Village, Udupi Taluk. At that time, a school bus bearing registration No.KA-20-A-8169 driven by its driver came in a rash and negligent manner and dashed against the claimant. Due to the said impact, the claimant fell down and sustained grievous injuries. The claimant was immediately taken to the Primary Health Center and thereafter, to Ajjarkadu District and Government and on the same day, he was shifted to KMC Hospital, Manipal, wherein, he took treatment as an inpatient for 16 days and underwent surgery. Therefore, he has incurred huge medical expenses towards nursing, attendant charges, conveyance charges etc. 3.1 It is stated that the claimant was working as a Cook in Church and earning a sum of Rs.20,000/- per month. Due to the injuries, the claimant suffered - 4 - NC: 2025:KHC:310 MFA No. 1504 of 2023 permanent disability, thereby he lost her earnings. Hence, he filed a claim petition seeking compensation. 3.2 On service of notice, respondent No.1 remained absent and he was placed ex parte. Respondent No.2 appeared and filed written statement denying the averments made in the claim petition including age, avocation, income and negligence attributed against the driver of the offending vehicle. Hence, sought for dismissal of the claim petition. 3.3 On the basis of pleadings, the tribunal framed relevant issues for consideration. 3.4 In order to substantiate the issues and to establish the case, the claimant got examined himself as PW.1 and the Doctor as PW.2 and got marked documents from Exs.P1 to P34. On the contrary, respondents did not adduce their evidence either oral or documentary. 3.5 On the basis of material evidence produced by the parties, the tribunal awarded the compensation of - 5 - NC: 2025:KHC:310 MFA No. 1504 of 2023 Rs.7,35,224/- along with interest @ 6% p.a. (excluding Future Medical Expenses) and directed respondent No.2- Insurance Company to pay the compensation within a period of 30 days. 3.6 Being aggrieved by the inadequate compensation amount awarded by the tribunal, the claimant is before this Court seeking enhancement of compensation. 4. It is the vehement contention of the learned counsel for appellant-claimant that the tribunal has awarded meager compensation, which is inadequate and erroneous. The tribunal has failed to appreciate the materials placed on record, both oral and documentary. The tribunal has not considered the wound certificate, magnitude of the injuries, pain and agony undergone and also awarded lower compensation under other heads. It is also contended by the learned counsel for appellant- claimant that the tribunal has assessed lesser disability than what was opined by the Doctor, which is also - 6 - NC: 2025:KHC:310 MFA No. 1504 of 2023 erroneous. On these grounds, he seeks enhancement of compensation. 5. Per contra, learned counsel representing the respondent-Insurance Company sustains the order passed by the tribunal rather he contends that the compensation awarded by the tribunal is on the higher side. There was no need for the tribunal to award future prospects in view of the disability to the whole body, which is 17% and there is no such disability that would hamper the future earning capacity of the claimant, if he recovered and able to do full activities with the disability fracture of the limbs. Learned counsel further contends that under other heads also the tribunal has awarded just and reasonable compensation, which does not call for interference. Accordingly, he seeks dismissal of the appeal. 6. Heard learned counsel for appellant-claimant and learned counsel for respondent-Insurance Company, a short point that would arise for consideration: - 7 - NC: 2025:KHC:310 MFA No. 1504 of 2023 “(i) Whether the claimant is entitled for enhancement of compensation? 7. The answer to the above question would be 'partly affirmative' for the reasons as stated herein below: Having perused the impugned judgment and award, the occurrence of the accident, involvement of the vehicle are not in dispute. On perusal of the exhibits, it is apparently seen that FIR and charge sheet have been laid against the driver of the offending vehicle, negligence is rightly attributed. 8. Now coming to the aspect of the age, avocation and income and disability sustained by the claimant, it is stated that the claimant was aged 42 years as on the date of occurrence of accident. The appropriate multiplier applied by the tribunal is '14', which does not call for interference and the same is retained. Though the claimant has stated that he was working as a Cook and earning a sum of Rs.20,000/- per month, nothing material has been placed on record to prove and establish the - 8 - NC: 2025:KHC:310 MFA No. 1504 of 2023 same. The tribunal, however, upon consideration of the materials both oral and documentary, arrived at notional income of Rs.14000/- per month as per the notional income chart for the accident year 2019 to be the income, which does not call for interence and the same is retained. PW.2-Doctor has opined the disability to the extent of 34% to the right lower limb locomotor function, whereas the tribunal has assessed the disability at 17% to the whole body. I do not find any reason to interfere with the same. Hence, the same is retained. The tribunal also awarded future prospects at 25%, which does not call for interference. Hence, the compensation of Rs.4,99,800/- towards loss of income due to disability is retained. 9. Towards medical expenses, Rs.1,20,424/- is awarded by the tribunal on the basis of actual bills produced by the claimant, which does not call for interference and the same is retained. 10. The tribunal awarded Rs.40,000/- towards pain and suffering. I deem it appropriate to award an additional - 9 - NC: 2025:KHC:310 MFA No. 1504 of 2023 amount of Rs.25,000/-. In all, the claimant would be entitled to Rs.65,000/- under this head. 11. The tribunal awarded Rs.20,000/- towards conveyance, diet and attendant charges. However, this Court deems it appropriate to award Rs.30,000/- under this head. 12. The tribunal awarded Rs.25,000/- towards loss of income during laid up period. In view of the tribunal having assessed the income at Rs.14,000/- per month, the claimant would require atleast three months period to recuperate and to get back to his normal day to day activities. Therefore, claimant would be entitled to Rs.42,000/- (Rs.14,000/- x 3) under this head. 13. The tribunal awarded Rs.20,000/- towards loss of amenities. However, this Court deems it appropriate to award Rs.50,000/- under this head. - 10 - NC: 2025:KHC:310 MFA No. 1504 of 2023 14. The tribunal awarded Rs.10,000/- towards future medical expenses. However, this Court deems it appropriate to award Rs.25,000/- under this head. 15. In view of the above, the claimant would be entitled to a total compensation of Rs.8,32,224/- as against Rs.7,35,224/- as mentioned in the table below: Heads Amount in Rs. Loss of income due to disability 4,99,800-00 Pain and suffering 65,000-00 Medical expenses 1,20,424-00 Conveyance, diet and attendant charges 30,000-00 Loss of income during laid up period 42,000-00 Loss of amenities 50,000-00 Future medical expenses 25,000-00 TOTAL 8,32,224-00 16. Accordingly, I pass the following: ORDER i) The appeal is allowed-in-part; ii) The judgment and award dated 10.01.2023 passed in MVC.No.358/2019 by the Court of the Senior Civil Judge and Additional MACT, Kundapura, is modified; - 11 - NC: 2025:KHC:310 MFA No. 1504 of 2023 iii) The claimant is entitled to a total compensation of Rs.8,32,224/- as against Rs.7,35,224/-; iv) The enhanced compensation amount shall be paid with interest @ 6% p.a. (excluding future medical expenses) by respondent-Insurance Company within a period of four weeks from the date of receipt of a copy of this judgment; v) The compensation amount shall be released in favour of the appellant-claimant upon proper verification; vi) All other terms and conditions stipulated by the tribunal shall stand intact. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN