- 1 - HC-KAR NC: 2025:KHC:22147 MFA No. 9149 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 9149 OF 2018 (MV-I) BETWEEN: D SRINIVAS S/O DASAPPA MOTHER SMT AKKAMMA AGED ABOUT 37 YEARS OCC COOLIE WORK, R/O HONNUR VILLAGE DAVANGERE TQ & DIST -577002 …APPELLANT (BY SRI. DARSHAN R S, ADVOCATE FOR SRI. SREE HARSHA A K, ADVOCATE) AND: 1. IFCO TOKIO GEN INS CO LTD REP BY ITS MANAGER, M.B.A.V. MISHIN, 1ST FLOOR 3RD CROSS, M G ROAD ON UCO BANK, GENERAL KARYAPPA TUMKUR-5721010 REP BY IFFCO TOKIO GEN INS CO LTD., P.C.A.R.D.BANK.NO.7/432, K.B.EXTENSION, LAWYER ROAD, DAVANGERE-577002 2. PARASHURAMAPPA H HUYAPPANAVAR S/O HANUMATHAPPA P HUYAPPANAVAR, AGED ABOUT 29 YEARS DRIVER OF MINI BUS BEARING REG NO.KA-06/D-4769, R/O THIMMANAKATTE POST RANNEBENNUR TALUK HAVERI DISTRICT 3. CHINNASWAMY Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22147 MFA No. 9149 of 2018 S/O LATE SUBBAPPA AGED ABOUT 47 YEARS OWNER OF MINI BUS BEARING REG NO.KA-06/D-4769 R/O T.P.BASAVARAJ COMPOUND SHANIDEVARA TEMPLE, GARDEN ROAD, CHIKKAPETE TUMKUR-572101 …RESPONDENTS (BY SRI. B C SHIVANNE GOWDA, ADVOCATE FOR R1 NOTICE TO R2 & R3 ARE DISPENSED WITH V/O DTD 30.11.2022) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18/06/2018, PASSED IN MVC NO.583/2016, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., AND VI MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT The above appeal is filed by the claimant under Section 173(1) of the Motor Vehicle Act, 19881 challenging the judgment and award dated 18.06.2018 passed in MVC No.583/2016 by the II Additional Senior Civil Judge & VI MACT., Davanagere2 seeking for enhancement of compensation. 1 Hereinafter referred as to ‘Act’ 2 Hereinafter referred to as the ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:22147 MFA No. 9149 of 2018 2. The Tribunal by its judgment and award dated 18.06.2018 partly allowed the claim petition and awarded a total compensation of `1,36,424/- together with interest @ 8% per annum. Being aggrieved, the claimant has filed the above appeal seeking for enhancement of compensation. 3. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal. 4. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only question to be adjudicated in the above appeal is with regard to the adequacy of compensation awarded by the Tribunal. 5. Heard the submissions of learned counsel Sri Darshan R.S. for learned counsel Sri Sree Harsha A.K. appearing for the appellant/claimant and learned counsel Sri B.C. Shivanne Gowda, learned counsel appearing for the respondent No.1/insurer. Perused the records of the Tribunal. 6. It is forthcoming that the claimant was aged 36 years as on the date of the accident. Hence, the Tribunal has applied the multiplier of ‘15’ which is just and proper. - 4 - HC-KAR NC: 2025:KHC:22147 MFA No. 9149 of 2018 7. It was averred that the claimant was an Agriculturist by profession and was earning `15,000/- per month. However, no records have been produced to demonstrate his income. Hence, the Tribunal has assessed the income as `8,000/- per month. However, having regard to the date of the accident, the notional income of the claimant is re-assessed as `9,500/-. 8. It is evident that from the wound certificate (Ex.P18), discharge summaries (Exs.P19 to P20), disability certificate (Ex.P22) and other medical records that the claimant has sustained injuries on his nose and chest. It is forthcoming from the discharge card (Ex.P20) that the claimant was treated as an inpatient from 21.01.2016 to 25.1.2016 i.e., for a total period of 05 days. It is evident from testimony of Doctor (PW4) that he has assessed the disability to the extent of 40%. However, the Tribunal upon a re-appreciation of the medical evidence on record has assessed the whole body disability at 5% which is just and proper. 9. In view of the aforementioned, the compensation is re- assessed as follows: - 5 - HC-KAR NC: 2025:KHC:22147 MFA No. 9149 of 2018 9.1 Having regard to the nature of injuries sustained and the period of treatment, the compensation towards pain and suffering is re-assessed as `30,000/- as against `25,000/- awarded by the Tribunal. 9.2 Having regard to the nature of injuries sustained, as also the resultant disability, the compensation towards loss of amenities is re-assessed as `7,500/- as against `5,000/- awarded by the Tribunal. 9.3 Having regard to the nature of injuries sustained and the period of treatment as an inpatient, it is just and proper to award a sum of `10,000/- towards food, nourishment and attendant charges as against `5,000/- awarded by the Tribunal. 9.4 The Tribunal has awarded compensation of `13,424/- towards medical expenses which is as per the actual bills which is just and proper and rounded off to Rs.13,500/-. 9.5 Loss of income during laid up period is taken as 2 months and hence, the compensation towards the same is re- assessed as (`9,500 x 2) `19,000/- as against `16,000/- awarded by the Tribunal. - 6 - HC-KAR NC: 2025:KHC:22147 MFA No. 9149 of 2018 9.6 The Loss of future earning capacity is re-assessed as (`9,500 x 12 x 15 x 5%) `85,500/- as against `72,000/- awarded by the Tribunal. 10. It is noticed that the Tribunal has awarded interest at 9% per annum. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re- assessed by this Court. 11. In view of the aforementioned, the compensation is re- assessed as follows: Sl.No Compensation Head Amount Awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Loss of amenities 5,000.00 7,500.00 2 Food, Nourishment and attendant & Conveyance charges 5,000.00 10,000.00 3 Medical expenses 13,424.00 13,500.00 4 Loss of income during laid up period for 15 days 16,000.00 19,000.00 (laid up period is taken as 2 months) 5 Loss of future earning capacity 72,000.00 85,500.00 6 Pain and suffering 25,000.00 30,000.00 Total 1,36,424.00 1,65,500.00 - 7 - HC-KAR NC: 2025:KHC:22147 MFA No. 9149 of 2018 12. Accordingly, the claimant is entitled to enhanced compensation of (`1,65,500/- – `1,36,424/-) = `29,076/-. 13. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) judgment and award dated 18.06.2018 passed in MVC No.583/2016 by the II Additional Senior Civil Judge & VI MACT., Davanagere is hereby modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The appellant/claimant is entitled to enhanced compensation of `29,076/- with interest at the rate of 7% p.a. from the date of petition till its realisation in addition to the compensation awarded by the Tribunal; iv) The Respondent *No.1/insurer shall deposit the said enhanced compensation together with accrued interest within a period of six weeks; v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon be disbursed to the claimant; * Corrected vide Chamber order dated 18.7.2025 - 8 - HC-KAR NC: 2025:KHC:22147 MFA No. 9149 of 2018 vi) The Registry to draw the modified award accordingly; vii) Records be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE BS - List No.: 1 Sl No.: 78