- 1 - NC: 2025:KHC-D:4317 MFA No. 100297 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 100297 OF 2020 (MV-I) BETWEEN: SRI. LINGA REDDY @ LINGAREDDEPPA S/O. BASANNA @ BASAPPA, AGED ABOUT 51 YEARS, OCC: AGRICULTURE & MILK VENDOR, R/O. KESARAHATTI, TQ: GANGAVATHI, DIST: KOPPAL. …APPELLANT (BY SRI. SAJEED A. TAMBOOLI, ADV. FOR SRI. B. SHARANABASAWA, ADVOCATE) AND: 1. SRI. BASAVARAJ S/O. RAMALINGAPPA, AGED ABOUT 46 YEARS, OCC: AGRICULTURE & MOTOR CYCLE RIDER, R/O. JALIHAL, NOW REISIDING AT KESARAHATTI, TQ: GANGAVATHI, DIST: KOPPAL-583201. 2. SRI. VIRUPANNA S/O. BASAPPA HALLI, AGED ABOUT 49 YEARS, OCC: AGRICULTURE AND OWNER OF THE MOTOR CYCLE, R/O. KESARAHATTI, TQ: GANGAVATHI-583201. 3. THE REGIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, KUSUGAL ROAD, HUBLI-580002. …RESPONDENTS (BY SMT. ANUSHA SANGAMI, ADV. FOR SRI.S. K. KAYAKMATH, ADV. FOR R3; NOTICE TO R1 & R2 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND CONSEQUENTLY MODIFY THE JUDGMENT AND AWARD DTD. 07.03.2019, PASSED BY THE SENIOR CIVIL JUDGE AND MACT, AT. GANGAVATHI, IN M.V.C NO.190/2016, BY ENHANCING THE COMPENSATION AS CLAIMED IN CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:4317 MFA No. 100297 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. This appeal is by the claimant in MVC No.190/2016 against the judgment and award dated 07.03.2019 passed by the Senior Civil Judge and MACT, Gangavathi (hereinafter referred to as ‘the Tribunal’, for short) seeking enhancement of compensation. 2. The contentions of the claimant are that the accident that took place on 11.09.2015 at about 2.00 p.m., near Kesarahatti main canal, Kanakagiri-Gangavathi is due to rash and negligent diving of the motorcycle bearing KA-37/Y-9697 by its driver. Due to the said accident, he sustained fracture of lower end of right humorous and fracture of 3rd and 4th metatarsal bone. He has spent huge amount on medical expenses and suffering from permanent disability due to the said injuries. 3. Respondent-Insurance Company disputed the contention of the claimant/appellant. It has further contended that its liability is restrained to the terms and conditions of the policy of insurance and holding of valid - 3 - NC: 2025:KHC-D:4317 MFA No. 100297 of 2020 and effective driving licence by the driver of the offending vehicle. 4. MACT framed necessary issues. 5. Claimant examined two witnesses as PWs.1 & 2 and got marked Exs.P1 to P83. Respondent examined RW1 and got marked Exs.R1 to 3. The Tribunal after hearing both the parties and appreciating pleadings and evidence on record awarded the following amount of compensation to the claimant: 1. Loss of future income : Rs.1,40,400.00 2. Pain and suffering : Rs. 10,000.00 3. Loss of amenities in life : Rs. 10,000.00 4. Loss of earning during treatment : Rs. 22,500.00 5. Diet, Nourishment, Attendants charges and conveyance : Rs. 10,000.00 6. Medical reimbursement : Rs. 94,140.00 Total :Rs.2,87,040.00 6. The Tribunal has assessed age of the claimant as 50 years, his income at Rs.7,500/- per month, permanent disability at 12% to the whole body, applying multiplier as 13. On the basis of the said calculation, the above said compensation was awarded by the Tribunal. - 4 - NC: 2025:KHC-D:4317 MFA No. 100297 of 2020 7. Feeling that the said amount as inadequate, claimant has filed this appeal for enhancement. 8. Heard the argument of the learned counsel for both the parties. 9. Fact of accident, injuries sustained by the claimant are not in dispute. The respondent-insurer has not filed any appeal against the impugned judgment. Therefore, the only question arises to be determined is, whether the claimant is entitled for enhancement of compensation. 10. Learned counsel for the appellant submits that the Tribunal has taken income of the claimant at Rs.7,500/- and as per the KSLSA, the notional income ought to have taken at Rs.8,000/- per month, and on that basis it may be re-calculated. It is also submitted that compensation awarded under other heads are also on lower side which needs to be enhanced. 11. Learned counsel for the respondent No.2 submits that Tribunal has properly appreciated the facts of - 5 - NC: 2025:KHC-D:4317 MFA No. 100297 of 2020 the case and awarded reasonable amount of compensation and does not call for any interference by this Court. 12. Perused materials on record. As per the schedule prepared by the Karnataka State Legal Services Authority, notional income of a victim of an accident that had taken place during the year 2015, is Rs.8,000/- per month. The Tribunal has taken income at Rs.7,500/- per month. Therefore, it needs to be taken at Rs.8,000/- per month. Looking to the injuries sustained by the claimant, nature of treatment taken by him, amount of compensation awarded under other heads are also on lower side, which needs to be re-calculated. The Tribunal has not awarded just amount of compensation, hence the claimant is entitled for enhancement of compensation. 13. For the aforesaid discussions, following amount of compensation is re-calculated and awarded: 1. Loss of future earning capacity due to permanent disability income (Rs.8000/-x12x13x12%) : Rs.1,49,760.00 2. Pain and suffering : Rs. 30,000.00 3. Loss of amenities in life : Rs. 25,000.00 4. Loss of earning during treatment : Rs. 24,000.00 5. Diet, Nourishment, Attendants charges and conveyance : Rs. 20,000.00 - 6 - NC: 2025:KHC-D:4317 MFA No. 100297 of 2020 6. Medical reimbursement : Rs. 94,140.00 Total :Rs.3,42,900.00 14. The claimant is entitled for enhanced compensation of Rs.55,860/- (Rs.3,42,900/- less Rs.2,87,040/-). 15. It is not in dispute that respondent No.3 is liable to pay the said amount of compensation. The claimant is entitled for interest at the rate of 6% per annum on the enhanced amount of compensation. Accordingly, I answer the said question partly in the affirmative and pass the following: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 07.03.2019 passed by the Senior Civil Judge and MACT, Gangavathi in MVC No.190/2016 is modified. iii. The claimant is entitled for enhanced compensation of Rs.55,860/- in addition to the amount awarded by the Tribunal, with interest at the rate of 6% per annum on the - 7 - NC: 2025:KHC-D:4317 MFA No. 100297 of 2020 enhanced amount of compensation from the date of petition till its realization excluding the period of delay of 204 days in filing the appeal. iv. Respondent Nos.2 and 3 are liable to pay the said enhanced amount and respondent No.3 being the insurer shall deposit the said enhanced amount within four weeks from the date of receipt of copy of this order. v. Enhanced amount of compensation is meager therefore, the entire amount of enhanced compensation with interest is ordered to be released in favour of the claimant, on due identification. vi. Registry is directed to send back the records to the Tribunal, with copy of this Judgment. Sd/- (UMESH M ADIGA) JUDGE KGK / CT-AN List No.: 1 Sl No.: 47