- 1 - NC: 2025:KHC:2666 MFA No. 2127 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2127 OF 2024 (MV-I) BETWEEN: MR. SHAMSHUDDIN @ SAMSHUDDIN S/O. N. BAWA @ N. BAVU, AGED ABOUT 55 YEARS, R/AT D. NO. 3-665, ADYAR PADAV, NEAR MASJID , ADYAR PADAV POST AND VILLAGE, MANGALURU. …APPELLANT (BY SRI. GURUPRASAD B R., ADVOCATE) AND: 1. UNITED INDIA INSURANCE COMPANY LTD., PRABHU BUILDING, OPP. TO ARUNA TALKIES MAIN ROAD, PUTTUR, LOCAL OFFICE: RAMBHAVAN COMPLEX, 2ND FLOOR, KODIALBAIL, MANGALURU-575 002, REPRESENTED BY ITS MANAGER. 2. MR. MOHAMMED BILAL S/O. LATE MOHAMMED ISMAIL, AGED ABOUT 26 YEARS, R/AT NO. 4-204/7, SWEET HOME, TARIPADPU, SEVANTHIGUDDE, Digitally signed by B VEENA KUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2666 MFA No. 2127 of 2024 KALLAPU, THOKKOTTU, MANGALURU-575 017. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY, ADVOCATE FOR SRI. P.B. RAJU, ADVOCATE FOR R1 V/O DATED 15.10.2024 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.07.2023 PASSED IN MVC NO. 1570/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALORE, DAKSHINA KANNADA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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 claimant aggrieved by the judgment and award dated 19.07.2023 passed in MVC.No.1570/2018 on the file of the I Additional Senior Civil Judge and CJM and MACT, Mangaluru D.K., (for short ‘the tribunal’). This appeal is founded on the premise of inadequate and meager compensation awarded by the tribunal. - 3 - NC: 2025:KHC:2666 MFA No. 2127 of 2024 2. Parties to the appeal shall be referred to as per their status before the tribunal. 3. The tribunal has awarded total compensation of Rs.5,01,000/- with interest at 6% per annum and directed the respondent - insurance company to pay the compensation. 4. It is the case of the appellant/claimant that on 14.04.2018 the claimant was walking by the side of the road near police outpost, South Warf, Bunder, Mangaluru. At that time, an Eicher lorry bearing registration No.KA- 19-AA -1653 came in rash and negligent manner dashed against claimant. Due to which he sustained injuries and expended treatment. Hence he filed claim petition seeking compensation against the respondents. 5. Respondent No.1 did not contest the matter. Respondent No.2 –insurance company filed objection statement denying the claim of the claimant and sought for dismissal of the claim petition. - 4 - NC: 2025:KHC:2666 MFA No. 2127 of 2024 6. On the basis of the materials placed on record, both oral and documentary, the Tribunal awarded total compensation of Rs.5,01,000/- along with interest at 6% per annum and directed respondent No.2 to pay compensation within a period of one month. Aggrieved by the inadequate compensation, the appellant is before this Court seeking enhancement. It is the vehement contention of the learned counsel for the appellant that the compensation awarded is on the meager side. The Tribunal had failed to taking into consideration the correct income at Rs.12,500/- rather than Rs.9,000/- and on other heads he seeks enhancement. 7. Per contra, learned counsel for the insurance company sustains the impugned order as being just and reasonable and seeks dismissal of the appeal. He also contends that there is no cogent reason made out to interfere with the well reasoned judgment. Accordingly, seeks dismissal of the appeal. - 5 - NC: 2025:KHC:2666 MFA No. 2127 of 2024 8. I have heard the learned counsel for the appellant and learned counsel for the respondents. 9. The occurrence of accident, involvement of the vehicle, injury sustained by the claimant have been proved by production of documents at Exs.P.1 to P.24. Negligence is rightly attributed against the driver of the offending vehicle - lorry. 10. Coming to the question of age, avocation and income for computation of compensation, the age of the claimant was 48 years as on the date of occurrence of accident. Multiplier is taken as '13' which does not call for interference. Tribunal has taken income at Rs.9,000/- per month, which is on the lower side and I am in agreement with the learned counsel for the appellant that income requires to be taken at Rs.12,500/- per month on the basis of the notion income prescribed by the Legal Services Authority chart. Claimant has examined doctor as PW-2 was opined disability to the extent of 20% to the left lower limb. Whereas, the Tribunal has assessed the - 6 - NC: 2025:KHC:2666 MFA No. 2127 of 2024 functional disability at 9%. I am in agreement with the learned counsel for the insurance Company that the same does not call for interference, as no cogent material is placed to prove disability at 20%, hence, 9% disability is retained. Therefore, the loss of future income due to disability would be: Rs.12,500 x 12 x 13 x 9% = Rs.1,75,500/- as against Rs.1,27,000/- awarded by the Tribunal. 11. The Tribunal has awarded Rs.50,000/- towards attendant charges, food, nourishment and conveyance charges. Towards pain and suffering Rs.70,000/-. Towards future amenities, happiness Rs.50,000/-, medical expenses Rs.1,50,000/- same is retained and not interfered. Towards loss of income during laid up period, since this Court has increased the income to Rs.12,500/- per month, for a period of 6 months Rs.75,000/- is awarded as against Rs.54,000/-. - 7 - NC: 2025:KHC:2666 MFA No. 2127 of 2024 12. The compensation awarded by the tribunal under other heads is just and proper and the same does not call for interference. 13. Under the circumstance and in view of the reasons stated herein above, the claimant would be entitled to total compensation of Rs.5,70,500/- as against Rs.5,01,000/- awarded by the tribunal, as mentioned in the table below: Sl. No. Head of compensation Amount of compensation awarded 1 Loss of future income Rs.1,75,500/- 2 Pain and sufferings Rs.70,000/- 3 Amenities Rs.50,000/- 4 Laid up period Rs.75,000/- 5 Food, conveyance Rs.50,000/- 6 Medical expenditure Rs.1,50,000/- Total Rs.5,70,500/- 14. Accordingly, I pass the following: ORDER i) The appeal is allowed in part. ii) The impugned Judgment & Award dated 19.07.2023 passed by the I - 8 - NC: 2025:KHC:2666 MFA No. 2127 of 2024 Additional Senior Civil Judge and CJM at Mangalore, Dakshina Kannada in MVC No.1570/2018 is modified. iii) The appellant/claimant would be entitled to total compensation of Rs.5,70,500/- as against Rs.5,01,000/- awarded by the tribunal along with interest at 6% per annum. iv) The enhanced compensation amount shall be paid with interest at 6% per annum by the respondent - insurance company within a period of four weeks from the date of receipt of copy of this judgment. v) The entire compensation amount shall be released in favour of the appellant- claimant as per the terms of the tribunal by electronic transfer to the claimant upon furnishing the required bank details/upon proper identification. - 9 - NC: 2025:KHC:2666 MFA No. 2127 of 2024 vi) All other terms and conditions stipulated by the tribunal shall stand intact. vii) Registry is directed to transmit the original records to the jurisdictional tribunal forthwith. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE BVK List No.: 1 Sl No.: 17