- 1 - HC-KAR NC: 2025:KHC:21331 MFA No. 6288 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 6288 OF 2017 (MV-I) BETWEEN: SRI KB. JAGADEESH, S/O BASAPPA, AGED 55 YEARS, R/O KAREGOWDNAHALLI, KADABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216. APPELLANT (BY SRI. MB CHANDRACHOODA .,ADVOCATE) AND: 1. NATIONAL INSURANCE CO. LTD., BRANCH AT KASTURI MANSION, BEHIND KRISHNA TALKIES, M.G.ROAD, TUMAKURU-572101, REP BY ITS MANAGER. 2. SRI NR SANTHOSH, S/O NR RANGASWAMY, AGED MAJOR, R/O NITTUR, GUBBI TALUK, TUMAKURU DISTRICT-572216. RESPONDENTS (BY SRI. SHIVARAJ PATIL FOR R2.,ADVOCATE; V/O DATED 10.11.2017 NOTICE TO R1 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.1601/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MACT-17, GUBBI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21331 MFA No. 6288 of 2017 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 filed by the claimant under Section 173(1) of the Motor Vehicle Act, 19881 seeking for enhancement of the quantum of compensation awarded vide judgment and award dated 11.04.2017 passed in MVC.No.161/2014 by the Principal Senior Civil Judge and Additional MACT-17, Gubbi2. 2. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal. 3. The findings of the Tribunal on negligence and liability are not under challenge. Hence, the only question that is required to the adjudicated in the present appeal is with regard to adequacy of the compensation awarded by the Tribunal. 1 Hereinafter referred as to ‘Act’ 2 Hereinafter referred as to ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:21331 MFA No. 6288 of 2017 4. The age of the claimant as on the date of the accident is 52 years. Hence, the Tribunal has applied the appropriate multiplier of ‘11’. It was averred that the claimant was an agriculturist. However, no documents have been produced to prove his income. The Tribunal has assessed the income of the claimant at `8,000/- per month. Having regard to the date of accident it is just and proper to re-assess the notional income of the claimant at `8,500/- per month. 5. The claimant has sustained fracture of the right elbow and other simple injuries including lacerated wound on tongue and nose and lacerated wound to the right knee. The claimant was treated as an inpatient from 08.09.2014 to 18.9.2014 i.e., for a period of 10 days. The doctor (PW.2) has deposed that the whole boy disability of the claimant is 10%. The Tribunal has also assessed the disability at 10%. 6. Having regard to the aforementioned, the compensation is re-assessed as follows: i. Having regard to the nature of injuries sustained the compensation awarded towards pain and suffering is re- - 4 - HC-KAR NC: 2025:KHC:21331 MFA No. 6288 of 2017 assessed as `50,000/- as against `4,000/- awarded by the Tribunal. ii. The Tribunal has awarded a sum of `65,740/- towards medical expenses which is just and proper and the said amount is rounded of as `66,000/-. iii. The compensation towards food, nourishment and attendant charges is re-assessed as `10,000/- as against `2,200/- awarded by the Tribunal. iv. The period of treatment has been taken as three months from the Tribunal and accordingly, the compensation of (`8,500/- X 3) = `25,500/- is awarded towards loss of earning during hospitalization as against `24,000/- awarded by the Tribunal. v. The Tribunal has awarded `40,000/- towards future medical expenses, since, the doctor (PW.2) has deposed that the claimant has to undergo another surgery for removal of implant. Hence, the said compensation awarded is just and proper. - 5 - HC-KAR NC: 2025:KHC:21331 MFA No. 6288 of 2017 vi. The Tribunal has not awarded any compensation towards loss of amenities. Having regard to the nature of injuries sustained and the resultant disability, the loss of amenities is assessed at `20,000/-. 7. In view of the aforementioned, the compensation re-assessed is as follows: Sl.No Compensation Head Amount Awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Pain and suffering 40000.00 50000.00 2 Permanent disablement 105600.00 112200.00 3 Medical expenses 65740.00 66000.00 4 Towards food, nourishment and attendant charges 2200.00 10000.00 5 Loss of earning during hospitalization 24000.00 25500.00 6 Future medical expenses 40000.00 40000.00 7 Loss of amenities 00.00 20000.00 Total 277540.00 323700.00 8. Accordingly, the Claimant is entitled to enhanced compensation of (`3,23,700/- - `2,77,540/-) = `46,160/-. - 6 - HC-KAR NC: 2025:KHC:21331 MFA No. 6288 of 2017 9. Taking judicial notice of the rate of interest awarded towards fixed deposits, interest on the enhanced compensation is awarded as 7% pa. 10. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 11.04.2017 passed in MVC.No.161/2014 by the Principal Senior Civil Judge and Additional MACT-17, Gubbi, is hereby modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The appellant/claimant is entitled to an enhanced compensation of `46,160/- together with interest at 7% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal; iv) Respondent No.1 – insurer is directed to deposit the said compensation together with accrued interest within a period of six weeks from the date of receipt of a copy of this judgment; v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon is to be disbursed to the claimant; - 7 - HC-KAR NC: 2025:KHC:21331 MFA No. 6288 of 2017 vi) The Registry to draw the modified award accordingly; vii) Records be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 80