- 1 - NC: 2025:KHC:14080-DB MFA No. 3097 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE M.G.S. KAMAL MISCELLANEOUS FIRST APPEAL NO. 3097 OF 2024 (MV-I) BETWEEN: SRI. PARAMESHA S/O LATE RANGEGOWDA, AGED ABOUT 56 YEARS, R/O VEERAPURA VILALGE, SALAGAME HOBLI, HASSAN TALUK AND DISTRICT. …APPELLANT (BY SRI. HARISHCHANDRA M.,ADVOCATE) AND: 1. KHADAR S/O IBRAHIM R/O SHANTHINAGAR, UPPALLI, CHIKKAMAGALURU, CHIKKAMAGALURU DISTRICT - 577101. 2. THE MANAGER UNITED INDIA INSURANCE CO. LTD., VENKATESHWARA BUILDING, B M ROAD, HASASSN. …RESPONDENTS (BY SRI.RAVISH BENNI.,ADVOCATE FOR R2; R1-SERVED UNREPRESENTED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.05.07.2022 PASSED IN MVC NO.1262/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14080-DB MFA No. 3097 of 2024 AND CJM AND MEMBER, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE M.G.S. KAMAL ORAL JUDGMENT (PER: HON'BLE MR JUSTICE M.G.S. KAMAL) This appeal under Section 173(1) of the Motor Vehicle Act, 1988 by the claimant/appellant herein in M.V.C.No.1262/2019 being aggrieved by the judgment and award dated 05.07.2022 passed on the file of Prl. Senior Civil Judge and CJM, Hassan seeking for the enhancement of the compensation awarded. 2. Brief facts of the case leading upto filing of the present appeal are that on 19.04.2019 at about 1:30 P.M., when the claimant/appellant herein as a rider along with one Devegowda as a pillion rider was travelling on a motorcycle bearing registration No.KA-13-EL-9602 near Kadadaravalli Lake on Veerapura-Kadadaravalli road, a car bearing registration No. KA-03-Z-7921, driven by its driver came from opposite - 3 - NC: 2025:KHC:14080-DB MFA No. 3097 of 2024 direction in a rash and negligent manner and dashed against the motorcycle of the claimant as a result the claimant/appellant herein and the pillion rider fell on the road and sustained injuries. Claimant/appellant herein and the said Devegowda were admitted at Sanjeevani Hospital, Hassan. 3. Thereupon a claim petition is filed in M.V.C. No.1262/2019 by the claimant seeking compensation in a sum of Rs.6,00,000/- contending inter-alia that the claimant was hale and healthy and was earning sum of Rs.25,000/- per month from agricultural coolie and poultry farming. That due the accident, right leg of the claimant/appellant herein has been amputated, which was caused on account of rash and negligent driving of the offending car by its driver, the claimant/appellant herein is not in a position to carry on his usual work as earlier. Hence sought for compensation. 4. In response to the notice, respondents entered their appearance. Respondent No.1 did not file his written statement. However, respondent No.2 filed his written statement denying the claim averments, manner and mode of accident and also other claim made by the claimant/appellant herein. - 4 - NC: 2025:KHC:14080-DB MFA No. 3097 of 2024 5. The Tribunal framed the issues and recorded the evidence. Claimant/appellant herein examined himself as PW.1 and one Dr. Arunodhaya Siddhartha. S has been examined as PW.3 and 21 documents have been marked as Ex.P1 to Ex.P21 and 3 documents have been marked as Ex.C1 to Ex.C3. No evidence has been led on behalf of the respondents. 6. On appreciation of the aforesaid evidence, the Tribunal came to the conclusion that the accident in question had occurred on account of rash and negligent driving of the offending car by its driver resulting in injuries to the claimant/appellant herein and consequently awarded a sum of Rs.7,69,620/-. Being dissatisfied with the amount of compensation so awarded, the claimant/appellant herein is before this Court, seeking enhancement. 7. Learned counsel for the claimant/appellant herein reiterating the grounds urged in the memorandum of the appeal submits that the claimant/appellant herein has suffered amputation of his right leg upto the level of right knee. As such, he has suffered disability of 84%. The Tribunal has however taken the disability at 28% which is contrary to the facts and law applicable to the case. That the Tribunal has - 5 - NC: 2025:KHC:14080-DB MFA No. 3097 of 2024 awarded less compensation on the other heads requiring enhancement. 8. Learned counsel for the respondent on the other hand submits that the assessment disability and grant of compensation by the Tribunal is just and proper and same does not warrant any interference in the hands of this Court. 9. Heard both sides and perused the records. 10. The accident in question resulting in the claimant/appellant herein sustaining grievous injuries is not in dispute. The Tribunal at paragraph No.11 of the impugned order referring to wound certificate produced at Ex.P5 and the deposition of PW.3 the treating doctor has taken note of the fact that the claimant/appellant herein has suffered amputated stump at level of right knee, superficial wound complications over amputated stump, moderate pain in the right hip and right thigh. It has also taken note of the X-ray showing united intertrochanteric fracture and shaft of femur with intramendullary PFN nail insitu. 11. The Tribunal has also taken note of the evidence of PW.3, that even with the artificial limb the claimant/appellant - 6 - NC: 2025:KHC:14080-DB MFA No. 3097 of 2024 herein cannot do the work as he was doing earlier has remained unchallenged. Having taken note of the aforesaid injury and disability, the Tribunal however proceeded to take 1/3rd of the disability assessed by the treating doctor. 12. The Tribunal has taken notional income of the claimant at Rs.12,000 per month. Since the claimant/appellant herein was aged about 55 years as on the date of accident applied multiplier of '11' and awarding compensation on the other heads granted a sum of Rs.7,69,620/-. 13. The nature of the injury sustained by the claimant/appellant herein is amputation of his lower limb, that is the right leg up to the level of knee. 14. The PW.3, treating doctor has assessed the disability of the claimant/appellant herein at 84%, considering the extent of amputation of the right leg, which is amputated stump at level of right knee. Considering the nature of the work that was being carried on by the claimant/appellant herein, which is agricultural coolie and poultry farming and also in view of the deposition of PW.3 that, even with the artificial limb the claimant/appellant herein cannot do the work as he was doing earlier, this Court is of the considered view that the functional - 7 - NC: 2025:KHC:14080-DB MFA No. 3097 of 2024 disability of the claimant/appellant herein needs to be taken into consideration, instead disability of over all body. As such, the assessment of the disability at 84% made by the PW.3- treating doctor has to be taken into consideration as against 1/3rd of the 84% taken by the Tribunal. 15. Though the claimant/appellant herein has claimed that he was earning Rs.25,000/- per month, no documentary evidence is furnished in this regard. In the absence of any documentary evidence the chart prepared by the Karnataka State Legal Service Authority is relied upon. Since accident is of the year 2019 the notional income of the claimant/appellant herein is determined as Rs.14,000/- p.m. 16. As per the judgment of the Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and others1 since the deceased was aged about 55 years, 10% of his income is added towards future prospects. Thus the monthly income of the claimant would be (Rs.14,000+10%)=15,400. If the disability of 84% is taken into consideration, loss of monthly earnings of the claimant/appellant herein would be (15,400X84%)=Rs.12,936. 1 AIR 2017 SC 5157 - 8 - NC: 2025:KHC:14080-DB MFA No. 3097 of 2024 Applying multiplier of '11', the claimant/appellant herein would be entitled for a sum of Rs.17,07,552/- (12,936X12X11)=Rs.17,07,552/- towards loss of future earnings as against Rs.4,43,520/- calculated by the Tribunal. 17. The Tribunal has awarded Rs.75,000/- towards pain and sufferings and the same is enhanced to Rs.2,00,000/-. 18. The Tribunal has awarded Rs.30,000/- towards loss of amenities and the same is enhanced to Rs.1,00,000/-. 19. The Tribunal has awarded Rs.12,000/- towards loss of income during laid up period and considering the nature of injury, the claimant must have been advised for rest atleast for three months as such, same is enhanced to Rs.42,000/-. 20. Compensation of Rs.1,75,500/- is awarded under the head medical expenses and same is retained as it is. 21. The Tribunal has awarded Rs.3,600/- towards nourishment and attendant charged and the same is enhanced to Rs.25,000/-. 22. The Tribunal has awarded Rs.30,000/- towards future medical expenses and the same is enhanced to Rs.1,00,000/-. - 9 - NC: 2025:KHC:14080-DB MFA No. 3097 of 2024 23. Thus the claimant is entitled for total sum of Rs.23,50,052/- as under: Sl.No. Head Amount 1. Towards pain and suffering Rs.2,00,000/- 2. Towards loss of amenities Rs.1,00,000/- 3 Towards of income during laid up period Rs.42,000/- 4 Loss of future income Rs.17,07,552/- 5. Medical bills Rs.1,75,500/- 6. Nourishment and attendant charges Rs.25,000/- 7. Future medical expenses Rs.1,00,000/- Total Rs.23,50,052/- Less awarded by the Tribunal Rs.7,69,620/- Enhanced by Rs.15,80,432/- 24. For the aforesaid reasons, the appeal deserves to be allowed in part. Hence, the following: ORDER (i). The appeal is allowed in part. - 10 - NC: 2025:KHC:14080-DB MFA No. 3097 of 2024 (ii). The appellant-claimant is entitled to enhanced compensation of Rs.15,80,432/- with interest at 6% p.a. from the date of petition till realization excluding the delayed period of 566 days. (iii). Respondent No.2/Insurer shall deposit the said amount before the Tribunal within four weeks from the date of receipt of copy of this order. (iv). On such deposit, Tribunal shall release 50% of the said amount digitally on furnishing required documents regarding identification of the claimant and invest balance 50% in the fixed deposit in any nationalized/schedule bank of the choice of the claimant for a period of three years. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 21