- 1 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 1083 OF 2012 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 1079 OF 2012 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 1080 OF 2012 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 1081 OF 2012 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 1082 OF 2012 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 1085 OF 2012 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 1087 OF 2012 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 1088 OF 2012 (MV-D) IN MFA No. 1083/2012 BETWEEN: 1. KUM PREMA D/O.SAMBEGOWDA AGED ABOUT 24 YEARS 2. SURESH S/O.SAMBEGOWDA AGED ABOUT 22 YEARS BOTH ARE COOLIE, R/AT.HALAGUNDI ESTATE, DHANAHALLI VILLAGE AVATHI HOBLI AND POST CHIKMAGALUR TALUK. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS 3. SAMBE GOWDA S/O.LATE BORE GOWDA AGED ABOUT 48 YEARS R/O.BAGESHWARA VILLAGE AND POST, ARSIKERE TALUK HASSAN DISTRICT. …APPELLANTS (BY SRI. M K BHASKARAIAH., ADVOCATE) AND: 1. SRI JAVED @ MOHAMMED ZULFIKAR PASHA S/O.AHMED JAN AGED ABOUT 48 YEARS, DRIVER OF MAXI CAB NO KA 21 1147,R/O.SADIQ COLONY, TARIKERE ROAD, BHADRAVATHI TALUK SHIMOGA DISTRICT. 2. SRI WAZIR S/O.SRI KHADER AGED ABOUT 45 YEARS, OWNER OF MAXI CAB NO KA 21 1147 R/O.SHARIFF STREET CHIKMAGALUR TOWN AND DIST. 3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD BRANCH OFFICE AT CRESCENT COURT K M ROAD, CHIKMAGALUR TOWN AND DIST. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. P.B. RAJU, ADVOCATE FOR R3; - 3 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS R1 NOTICE D/W; VIDE ORDER DATED 11.11.2024 APPEAL AGAINST R2 IS DISMISSED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.02.2011 PASSED IN MVC NO.329/2007 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, MEMBER, MACT, CHICKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1079/2012 BETWEEN: KUM DEVI D/O.GURUSWAMY @ KADARIVELU AGED ABOUT 25 YEAR SR/AT.GALIPOOJE VILLAGE, MALLENAHALLI POST, CHIKMAGALUR TALUK AND DISTRICT. ...APPELLANT (BY SRI. M K BHASKARAIAH.,ADVOCATE) AND: 1. SRI JAVED @ MOHAMMED ZULFEKAR PASHA S/O.AHMED JAN AGED ABOUT 48 YEARS, DRIVER OF MAXI CAB NO KA 21 1147 R/O SADIQ COLONY, TARIKERE ROAD BHADRAVATHI TALUK - 4 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS SHIMOGA DISTRICT. 2. SRI WAZIR S/O.SRI KHADER AGED ABOUT 45 YEARS, OWNER OF MAXI CAB NO KA 21 1147 R/O.SHARIFF STREET CHIKMAGALUR TOWN AND DIST. 3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD BRANCH OFFICE AT CRESCENT COURTK M ROAD, CHIKMAGALUR TOWN AND DIST. ...RESPONDENTS (BY SRI.MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. P B RAJU & P S JAGADISH, ADVOCATES FOR R3; R2 IS DEEMED TO BE SERVED; VIDE ORDER DATED 11.04.2017 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.2.2011 PASSED IN MVC NO.325/2007 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT AND MMACT, CHIKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1080/2012 BETWEEN: 1. SMT THANGI W/O.SABKU MAISTRY - 5 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS AGED ABOUT 50 YEARS, COOLIE R/O.DEVARAHALLI VILLAGE, MALLENAHALLI POST, CHIKMAGALUR TALUK AND DISTRICT. ...APPELLANT (BY SRI. M K BHASKARAIAH.,ADVOCATE) AND: 1. SRI JAVED @ MOHAMMED ZULFIKAR PASHA AGED ABOUT 48 YEARS S/O.AHMED JAN NO. KA 21/1147 R/O.SADIQ COLONY, TARIKERE ROAD, BHADRAVATHI TALUK SHIMOGA DISTRICT. 2. SRI WAZIR S/O.SRI KHADER AGED ABOUT 45 YEARS OWNER OF MAXI CAB NO. KA 21/1147 R/O SHARIFF STREET CHIKMAGALUR TOWN AND DIST. 3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD BRANCH OFFICE AT CRESCENT COURT K M ROAD, CHIKMAGALUR TOWN AND DIST. ...RESPONDENTS (BY SRI.MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. P B RAJU, ADVOCATES FOR R3; R1 SERVED & UNREPRESENTED; VIDE ORDER DATED 22.02.2014 NOTICE TO R2 IS H/S) - 6 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.2.2011 PASSED IN MVC NO.326/2007 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT AND MMACT, CHIKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1081/2012 BETWEEN: SMT ROSLIN D'SOUZA @ ROSLIN LOBO W/O.RICHARD D'SOUZA AGED ABOUT 34 YEARS, COOLIE, R/AT.DEVARAHALLI VILLAGE, MALLENAHALLI POST, CHIKMAGALUR TALUK AND DISTRICT. ...APPELLANT (BY SRI. M K BHASKARAIAH.,ADVOCATE) AND: 1. SRI JAVED @ MOHAMMED ZULFIKAR PASHA S/O.AHMED JAN AGED ABOUT 48 YEARS, DRIVER OF MAXI CAB NO KA 21 1147 R/O.SADIQ COLONY, TARIKERE ROAD, BHADRAVATHI TALUK SHIMOGA DISTRICT. 2. SRI WAZIR S/O.SRI KHADER - 7 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS AGED ABOUT 45 YEARS OWNER OF MAXI CAB NO KA 21 1147 R/O.SHARIFF STREET CHIKMAGALUR TOWN AND DIST. 3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD BRANCH OFFICE AT CRESCENT COURT, K M ROAD, CHIKMAGALUR TOWN AND DIST. ...RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. P B RAJU & P S JAGADISH, ADVOCATES FOR R3; R2 SERVED & UNREPRESENTED; VIDE ORDER DATED 11.04.2017; NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.2.2011 PASSED IN MVC NO.327/2007 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT AND MMACT, CHIKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1082/2012 BETWEEN: KUM. PREMA D/O.SATHISHA, AGED ABOUT 26 YEARS COOLIE R/AT.GALIPOOJE VILLAGE, - 8 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS MALLENAHALLI POST, CHIKMAGALUR TALUK AND DISTRICT. ...APPELLANT (BY SRI. M K BHASKARAIAH.,ADVOCATE) AND: 1. SRI JAVED @ MOHAMMED ZULFIKAR PASHA S/O.AHMED JAN AGED ABOUT 48 YEARS DRIVER OF MAXI CAB NO. KA 21/1147, R/O.SADIQ COLONY, TARIKERE ROAD, BHADRAVATHI TALUK SHIMOGA DISTRICT. 2. SRI WAZIR S/O.SRI KHADER AGED ABOUT 45 YEARS OWNER OF MAXI CAB NO. 21/1147 R/O.SHARIFF STREET CHIKMAGALUR TOWN AND DIST. 3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD BRANCH OFFICE AT CRESCENT COURT K M ROAD, CHIKMAGALUR TOWN AND DIST. ...RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. P B RAJU & P S JAGADISH, ADVOCATES FOR R3; R2 SERVED & UNREPRESENTED; VIDE ORDER DATED 25.06.2023; NOTICE TO R1 IS D/W) - 9 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.02.2011 PASSED IN MVC NO.328/2007 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, MEMBER, MACT, CHICKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1085/2012 BETWEEN: SMT MANIMANGALA @ MANI W/O.MUTTUSWAMY AGED ABOUT 34 YEARS COOLIE, R/AT.DEVARAHALLI VILLAGE,MALLENAHALLI POST, CHIKMAGALUR TALUK AND DISTRICT. ...APPELLANT (BY SRI. M K BHASKARAIAH.,ADVOCATE) AND: 1. SRI JAVED @ MOHAMMED ZULFIKAR PASHA S/O.AHMED JAN AGED ABOUT 48 YEARS NO. KA 21/1147 R/O.SADIQ COLONY, TARIKERE ROAD, BHADRAVATHI TALUK SHIMOGA DISTRICT. 2. SRI WAZIR S/O.SRI KHADER - 10 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS AGED ABOUT 45 YEARS OWNER OF MAXI CAB NO. KA 21/1147 R/O.SHARIFF STREET CHIKMAGALUR TOWN AND DIST. 3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD BRANCH OFFICE AT CRESCENT COURT K M ROAD, CHIKMAGALUR TOWN AND DIST. ...RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. P B RAJU & P S JAGADISH, ADVOCATES FOR R3; R2 SERVED & UNREPRESENTED; VIDE ORDER DATED 08.03.2013; NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173 OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.02.2011 PASSED IN MVC NO.331/2007 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, MEMBER, MACT, CHICKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1087/2012 BETWEEN: KUM KAMALA D/O.KALIYAPPA AGED ABOUT 28 YEARS - 11 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS COOLIE, R/AT.GALIPOOJE VILLAGE, MALLENAHALLI POST, CHIKMAGALUR TALUK AND DISTRICT. ...APPELLANT (BY SRI. M K BHASKARAIAH.,ADVOCATE) AND: 1. SRI JAVED @ MOHAMMED ZULFIKAR PASHA S/O.AHMED JAN AGED ABOUT 48 YEARS DRIVER OF MAXI CAB NO. KA 21/1147 R/O.SADIQ COLONY, TARIKERE ROAD, BHADRAVATHI TALUK SHIMOGA DISTRICT. 2. SRI WAZIR S/O.SRI KHADER AGED ABOUT 45 YEARS OWNER OF MAXI CAB R/O.SHARIFF STREET CHIKMAGALUR TOWN AND DIST. 3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD BRANCH OFFICE AT CRESCENT COURT K M ROAD, CHIKMAGALUR TOWN AND DIST. ...RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. P B RAJU & P S JAGADISH, ADVOCATES FOR R3; R2 IS DEEDMED TO BE SERVED; VIDE ORDER DATED 08.03.2013; - 12 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.02.2011 PASSED IN MVC NO.333/2007 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, MEMBER MACT, CHICKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1088/2012 BETWEEN: SUNDARI D/O.KAMPARA AGED ABOUT 44 YEARS COOLIE, R/AT.DEVARAHALLI VILLAGE,MALLENAHALLI POST, CHIKMAGALUR TALUK AND DISTRICT. ...APPELLANT (BY SRI. M K BHASKARAIAH.,ADVOCATE) AND: 1. SRI JAVED @ MOHAMMED ZULFIKAR PASHA S/O.AHMED JAN AGED ABOUT 48 YEARS DRIVER OF MAXI CAB NO.KA 21/1147 R/O.SADIQ COLONY, TARIKERE ROAD, BHADRAVATHI TALUK SHIMOGA DISTRICT. 2. SRI WAZIR S/O.SRI KHADER AGED ABOUT 45 YEARS - 13 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS OWNER OF MAXI CAB NO. KA 21/1147 R/O.SHARIFF STREET CHIKMAGALUR TOWN AND DIST. 3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD BRANCH OFFICE AT CRESCENT COURT K M ROAD, CHIKMAGALUR TOWN AND DIST. ...RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. P B RAJU & P S JAGADISH, ADVOCATES FOR R3; R2 SERVED & UNREPRESENTED; VIDE ORDER DATED 08.03.2013; NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.02.2011 PASSED IN MVC NO.334/2007 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, MEMBER MACT, CHICKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR JUSTICE G BASAVARAJA - 14 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) These appeals are as against the common Order and Award dated 24.02.2011 on the file of the Fast Track Court and MACT, Chikkamagaluru [for short, 'the Tribunal'] in MVC Nos. 325/2007, 326/2007, 327/2007, 328/2007, 329/2007, 331/2007, 333/2007 and 334/2007. The claimants/appellants are injured or dependents of the deceased. The claimants and the deceased were travelling in a Maxi Cab bearing Registration No.KA.21/1147 owned by the second respondent [the Owner of the Insured Vehicle] and insured by the third respondent [the Insurer]. 2. The Tribunal has found that the accident was because of the negligence of the driver of the Insured Vehicle, and the Tribunal has also held that the claimants will be entitled for compensation. The details of the corresponding appeals and the - 15 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS compensation awarded to the claimants in each of these cases are: Sl No. MVC No. MFA No. Compensation Rs. 1. MVC No. 325/2007 1079/2012 1,57,000/- 2. MVC No. 326/2007 1080/2012 3,000/- 3. MVC No. 327/2007 1081/2012 3,80,000/- 4. MVC No. 328/2007 1082/2012 1,50,000/- 5. MVC No. 329/2007 1083/2012 4,78,000/- 6. MVC No. 330/2007 No Appeal 7. MVC No. 331/2007 1085/2012 30,000/- 8. MVC No.332/2007 No Appeal 9. MVC No.333/2007 1087/2012 5,000/- 10. MVC No. 334/2007 1088/2012 1,38,000/- 3. The second respondent has contested its liability asserting that the first respondent was driving the Maxi Cab at the relevant point of time and did not have a valid driving licence and contending that he could have only driven a Luxury Taxi Cab and not the Insured Vehicle [a Maxi - 16 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS Cab], which may carry 12 passengers including the driver. The Tribunal in the light of this defence has fastened the liability on the owner of the Insured Vehicle. If the claimants are aggrieved by this finding, they are also aggrieved by the amount of compensation awarded by the Tribunal. 4. Sri M. K. Bhaskaraiah, the learned Counsel for the appellants, and Sri Mallikarjuna Reddy, the learned counsel for the Insurer, are heard on the Tribunal’s finding that the Owner will be liable to answer the liability. It is stated unanimously that in view of the recent decision of the Apex Court in Bajaj Allianz General Insurance Company Limited vs Rambha Devi and others in Civil Appeal No.841/2018 and because the unladen weight of the Insured Vehicle is 5,300 Kgs., a person holding a light motor vehicle licence could have driven. This unanimous submission suffices to answer the claimants' grievance with the Tribunal's - 17 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS finding that the Insurer cannot be fastened with the liability and there must be interference on this limited ground. The next question for consideration would be whether there must be enhancements in the compensation awarded by the Tribunal to the claimants. IN MFA Nos. 1079/2012, 1080/2012, 1082/2012, 1085/2012, 1087/2012, and 1088/20121 5. The claimants in these petitions have suffered injuries, and they have taken initial treatment at Primary Health Centre, Belur and are later shifted to M.G. Hospital, Chikkamagaluru. These claimants have received treatment at these Hospitals for the injuries suffered by them. They have relied on the medical records such as prescriptions, discharge summary, hospital bills. The Tribunal, based on the medical evidence and assessment of 1 The appeals are respectively as against the Tribunal’s judgment and award in MVC No.325/2007, MVC No.326/2007, MVC No.328/2007, MVC No.331/2007, MVC No.333/2007 and MVC No.334/2007. - 18 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS permanent disability because of the injuries suffered by the claimants, has awarded compensation under different heads including towards pain and suffering and loss of future earning. 6. Sri M.K. Bhaskaraiah, relying upon the ocular evidence of the claimants and the doctors’ evidence, canvases that this Court must re- appreciate the evidence and reassess the compensation for pain and suffering, the loss of future earning, and future medical expenses. However, this Court, on a careful consideration of the amounts awarded to each of the Claimants in the light of the evidence on record, is of the view that there must be enhancement by global compensation in a sum of Rs.50,000/- to each. The claim for enhancement in the other two appeals in MFA No. 1081/2012 and MFA No. 1083/2012 are next considered. - 19 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS In MVC No. 327/2007 [MFA No. 1081/2012]: 7. The claimant is awarded compensation, amongst other heads, towards loss of future earnings in a sum of Rs.2,04,000/-. The claimant indisputably has suffered the loss of three fingers and a tooth apart from suffering from fracture of ribs, bilateral pubic rami and compound fracture of radius. She has also received first aid treatment at Primary Health Centre, Belur, and she is taken to M.G. Hospital, Chikkamagaluru and at Holy Cross Hospital, Chikkamagaluru. The doctor, who is examined as PW.11, though has not treated her, after explaining the injuries suffered by her has assessed the claimant's physical disability at 40%. 8. The Tribunal, on appreciation of the evidence, has taken the disability at 25% and taking the income of the claimant, who was admittedly working as an agricultural labourer at the relevant time, at Rs.4,000/- and adopting the multiplier '17', - 20 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS has awarded Rs.2,04,000/- as compensation towards future loss of income. 9. Sri M.K. Bhaskaraiah submits that this Court must consider a higher percentage of disability because of the multiple fractures that the Claimant has suffered and the evidence on mal-union of the bilateral pubic rami fracture which would undoubtedly affect the functional disability of the appellant. However, the learned counsel cannot dispute that the doctor, PW.11 has not treated the claimant, and the Doctor indeed has tendered evidence after the claimant approached him for a Certificate in August 2008. For awarding just and reasonable compensation, the claimant's functional disability is assessed as per the percentage of disability as mentioned in Part-II of the First Schedule to the Employees Compensation Act, 1923, and according to this Schedule, the disability must be taken at 30%. This Court opines that this must be - 21 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS taken as the disability with addition because of the other injuries suffered. 10. On a careful consideration, this Court opines that the disability will be at 35% and not 25%. There must be addition towards future prospects for the computation of loss of future earning, and because the claimant is aged 30 years, the addition must be 40%. If loss of future earning is computed taking the income accordingly and after deducting 35% towards disability with the multiplier being '17', the claimant will be entitled to enhancement in compensation in a sum of Rs.3,99,840/-. COMPUTATION OF LOSS OF FUTURE EARNINGS Monthly Income RS.4,000/- Annual Income Rs.48,000/- Addition towards Future prospects @ 40% Rs.19,200/- - 22 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS Annual Income with future prospects Rs.67,200/- Disability @ 35% Rs.23,520/- Loss of future earnings with multiplier of '17' [23,520x17] Rs.3,99,840/- 11. Further, this Court opines that there must be additional compensation towards [a] pain and suffering, [b] Nourishment, attendant and other charges, [c] future medical expenses and [d] loss of amenities. The just and reasonable amount under these heads would be Rs,1,00,000/-, Rs,40,000/-, Rs.80,000/- and Rs.35,000/- respectively. The claimant will thus be entitled to a total sum of Rs.2,55,000/- as against the sum of Rs.1,53,000/- as brought out by the comparative table of the amount awarded by the Tribunal and by this Court. In all the Claimant will be entitled to enhancement in compensation in a sum of Rs. 3,30,840/-, which is brought out by the following comparative table. - 23 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) Pain and agony 75,000 100,000 Medical expenses 44,000 44,000 Loss of earning during treatment 12,000 12,000 Food, nourishment, conveyance 10,000 Attendant charges 3,000 40,000 Loss of happiness, enjoyment and amenities in life [Loss of Amenities] 30,000 35,000 Loss of Future earning 2,04,000 3,99,840 Future medical expenses 2,000 80,000 Total 3,80,000 7,10,840 In MVC No. 329/2007 [In MFA No.1083/2012] 12. The claimants have lost their mother in the accident, and they were aged 24 and 22 years. The eldest is the daughter and the other is the son - 24 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS and both admittedly were not married as on the date of the accident. Sri M.K. Bhaskaraiah argues for enhancement in the compensation contending that this Court must take the income of the deceased at Rs.6,000/- with addition towards loss of future prospects. 13. This Court, as in other cases, is not persuaded to opine that the notional income, in the absence of proof of actual income, could be taken at more than Rs.4,000/- per month. The Tribunal has taken this sum as the notional income of the deceased. Sri Pradeep cannot dispute that there must be addition towards future prospects at 25% because the deceased was 43 years and deduction of one-third of the notional income towards personal expenses. The loss of dependency will be in Rs.5,60,000/-, and the computation is as follows - 25 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS COMPUTATION OF LOSS OF DEPENDENCY Monthly Income RS.4,000/- Annual Income Rs.48,000/- Addition towards Future prospects @ 25% Rs.12,000/- Annual Income with future prospects Rs.60,000/- Deduction towards Personal Expenses 1/3rd Rs.20,000/- Loss of Dependency with multiplier of '14' Rs.5,60,000/- 14. This Court opines that each of the claimants are entitled to loss of consortium in a sum of Rs.40000/- and a sum of Rs.30,000/- towards other conventional heads,. There will be a consequential enhancement in the compensation in Rs. 1,92,000/- as brought out by the comparative table of the amount awarded by the Tribunal and by this Court. SL. No. Particulars Amount awarded by the Tribunal Amount Awarded by this Court 1. Loss of dependency 448,000 560,000 2 Funeral, obsequies and transportation 10,000 30,000 - 26 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS 3. Loss of love and affection 10,000 4. Loss of Consortium 10,000 80,000 Total 478,000 670,000 ORDER The appeals are allowed in-part modifying the Tribunal’s impugned common judgment and award dated 24.02.2011 in the following terms: [i] The claimant in MFA No.1081/2012 is granted enhancement of Rs. 3,30,840/-, along with interest at 6% per annum. [ii] The claimants in MFA No.1083/2012 are granted enhancement of Rs.1,92,000/- along with interest at 6% per annum. [iii] Each of claimants in MFA No.1079/2012, MFA 1080/2012, MFA No.1082/2012, MFA No.1085/2012, MFA No.1087/2012 and MFA No.1088/2012 are granted enhancement in a global sum of Rs.50,000/-. - 27 - HC-KAR NC: 2025:KHC:21854-DB MFA No. 1083 of 2012 C/W MFA No. 1079 of 2012 MFA No. 1080 of 2012 AND 5 OTHERS [iv] The Insurance Company is directed to deposit the enhanced compensation amount along with interest at 6% p.a. from the date of filing of the claim petition till the date of realization, within six weeks from the date of receipt of a certified copy of this judgment. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE NV