- 1 - HC-KAR NC: 2025:KHC:19128 MFA No. 6150 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 6150 OF 2017 (MV-I) BETWEEN: SRI DEVARAJA, S/O LATE KEMPEGOWDA, AGED ABOUT 54 YEARS, AR/A HALUVALLI, HRP COLONY, PALYA HOBLI, ALUR TLAUK, HASSAN DISTRICT-34. APPELLANT (BY SRI. PRATHEEP K C.,ADVOCATE) AND: 1. RATHNAMMA, W/O GURUVAPPAGOWDA, TUPPURU VILALGE, MALEPAL POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT-45. 2. ICICI LOMBARD GENERAL INSURANCE, PRESTIGE KRANCHU, NO.62/1, 2ND FLOOR, RICHMOND ROAD, BANGALORE-26. 3. AKMAL KHAN, PROPRIETOR, MS GIRI TRACTOR AND TRILOR, I G ROAD, CHIKKAMAGALURU-78. RESPONDENTS (BY SRI.D. MANJUNATH.,ADVOCATE FOR R2; V/O DTD 01.03.202 NOTICE TO R1 AND R3 IS DISPENSED WITH.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.04.2017 PASSED IN MVC NO.317/2008 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MACT, HASSAN, PARTLY Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19128 MFA No. 6150 of 2017 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 present appeal is field by the claimant under Section 173(1) of the Motor Vehicle Act, 19881 challenging the judgment and award dated 11.04.2017 passed in MVC.No.317/2008 by the Additional Senior Civil Jude and Additional MACT, Hassan2 seeking for enhancement of compensation. 2. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal. 3. The relevant facts in brief leading to the present appeal are that on 23.02.2007 when claimant was traveling in a motor cycle as pillion rider, a tractor and trailer being driven in a rash and negligent manner came and hit the motor cycle causing the accident in question. Claiming compensation for the 1 Hereinafter referred as to ‘Act’ 2 Hereinafter referred as to ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:19128 MFA No. 6150 of 2017 injuries sustained in the accident, the claimant filed a claim petition arraying the owner and insurer of the tractor and trailer as respondents. The Tribunal by its judgment and award dated 11.04.2017 partly allowed the claim petition and awarded total compensation of `2,24,552/- together with interest at 8% per annum and directed respondent No.2 – insurer to pay the compensation awarded. Being aggrieved the present appeal is filed by the claimant seeking for enhancement of the quantum of compensation. 4. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. The only question which arises for consideration in the present appeal is as to the adequacy of the quantum of compensation. 5. It is forthcoming that the claimant was aged 45 years as on the date of the accident. The claimant contended that he was running a hotel business and owning certain agricultural lands. Although certain documents are produced to demonstrate the avocation of the claimant, no documents have been produced to demonstrate his income. Hence, the Tribunal has assessed the notional income of the claimant at `5,000/- - 4 - HC-KAR NC: 2025:KHC:19128 MFA No. 6150 of 2017 pm. Having regard to the date of the accident, the income assessed by the Tribunal is just and proper. 6. The claimant has sustained injuries to the right knee and right leg causing fracture of tibia and tibula. The doctor (PW.2) has deposed that the disability of the claimant at 30% to the right lower limb. The Tribunal, considering the material on record has assessed the disability at 10% to the whole body which is just and proper. 7. The Tribunal has awarded loss of future income by applying the proper multiplier of ‘14’ and awarded a compensation of `84,000/- on the said head which is just and proper. Further the Tribunal has awarded compensation of `25,552/- towards medical expenses as per the actual medical bills produced and further awarded compensation towards conveyance, attendant, nourishment food and other incidental charges at `20,000/-. The Tribunal has also awarded `25,000/- towards loss of amenities and `25,000/- towards loss of income during laid up period. - 5 - HC-KAR NC: 2025:KHC:19128 MFA No. 6150 of 2017 8. The Tribunal has awarded adequate compensation on all other heads and there is no material to indicate that the compensation on any specific head is required to be enhanced. 9. However, in the facts and circumstances of the case, upon re-appreciation of the oral and documentary evidence on record it is just and proper that the above appeal is allowed in part by awarding a further compensation of `5,000/- in addition to the compensation awarded by the Tribunal. The award of the Tribunal on all other heads remains unaltered. Modified award to be drawn accordingly. Sd/- (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 66