- 1 - NC: 2025:KHC:7580 MFA No. 6811 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 6811 OF 2024 (MV-I) BETWEEN: MR. THARANATH PAMMA SHETTY @ THARANATH SHETTY S/O LATE. PAMMA SHETTY, AGED ABOUT 59 YEARS, R/AT DAMBEDADI HOUSE, SHIRTHADY POST, MOODABIDRE TQ. PRESENTLY R/AT KURUMBIL GUTHU HOUSE, AIKALA POST AND VILLAGE, KINNIGOLI, MANGALORE TQ. …APPELLANT (BY SRI. GURUPRASAD B.R, ADVOCATE) AND: 1. NATIONAL INSURANCE COMPANY LTD., NITHYANANDA COMPLEX, NEAR BUS STAND, MOODABIDRE, LOCAL OFFICE: BHARATH BUILDING, P.M.RAO ROAD, HAMPANAKATTA, MANGALURU - 575 002, REPRESENTED BY ITS MANAGER. 2. MR. DODDAYYA POOJARY, S/O KARIYADHA POOJARY, AGED MAJOR, R/A PADE MANE, BELUVAI POST, MANGALURU. …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R1; VIDE ORDER DATED 23.11.2024, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7580 MFA No. 6811 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.07.2024 PASSED IN MVC NO. 813/2022 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MEMBER, MACT, DAKSHINA KANNADA, MANGALURU, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the appellant-claimant challenging the judgment and award dated 09.07.2024 passed in MVC.No.813/2022 on the file of the Court of Principal District and Sessions Judge and Motor Accidents Claims Tribunal, D.K., Mangalore (for short ‘the tribunal’). This appeal is preferred by the claimant being dissatisfied with the inadequate and meager compensation awarded by the tribunal. - 3 - NC: 2025:KHC:7580 MFA No. 6811 of 2024 2. Parties to the appeal shall be referred to as per their status before the Tribunal. 3. It is the contention of learned counsel for the appellant that, while the claimant-petitioner was proceeding on scooter as a pillion rider from Moodabidre towards Valpady, the rider of the scooter was riding it by following the traffic rules and regulations, met with an accident with the rash and negligent riding of another motor cycle bearing Reg. No.KA-19/EF-8068, which came from the opposite direction. The claimant fell down and sustained grievous injuries. Immediately, he was taken to the hospital, wherein he has undergone surgeries due to the injuries sustained in the road traffic accident. He has filed claim petition against the respondents- owner of the offending vehicle and insurer of the Insurance Company. 4. Upon service of notice respondent No.1-owner did not appear before the Court and he was placed ex-parte. Respondent No.2 appeared and filed statement of objections denying the claim of the claimant and sought - 4 - NC: 2025:KHC:7580 MFA No. 6811 of 2024 for dismissal of the claim petition. On the basis of materials placed on record both oral and documentary, the Tribunal awarded total compensation of Rs.2,91,000/- along with interest at 6% per annum and directed the insurance company to pay the compensation within a period of 8 weeks. 5. It is the vehement contention of the learned counsel for the appellant that the compensation awarded is inadequate, contrary to the materials placed on record. The tribunal has failed to taken into consideration of the opinion expressed by the doctor with regard to disability of 27% and has awarded only 5% disability to the whole body, which is erroneous and the same requires to be enhanced. So also it is contended that on all other heads the tribunal has awarded meager compensation, which is requires to be enhanced. On this ground he seeks to allow this appeal. Consequently, enhance the compensation. 6. Per Contra, learned counsel representing the Insurance Company contends that the judgment and - 5 - NC: 2025:KHC:7580 MFA No. 6811 of 2024 award passed by the tribunal is just and reasonable compensation. Hence, seeks for dismissal of the appeal. 7. Having heard learned counsel for the appellant and learned counsel for the respondents, the occurrence of the accident, involvement of the vehicle, injuries sustained by the claimant in the road traffic accident, expenditures during the treatment are all proved and established by production of Exs.P1 to P48. 8. Now coming to the question of age, avocation and income of the claimant as on the date of occurrence of accident, the claimant was aged 58 years, appropriate multiplier can be taken as 9. 9. The income assessed by the Tribunal Rs.15,000/- is retained. In view of the non-production of material to substantiate higher income as claimed by the claimant in claim petition and the affidavit, the same is retained. The doctor has been examined PW2, he was opined disability to an extent of 27% whereas the tribunal - 6 - NC: 2025:KHC:7580 MFA No. 6811 of 2024 has taken disability at 5%. I am in agreement with learned counsel for the appellant that the disability requires to be taken at 9% rather than 5%. Therefore, the loss of future earning capacity, due to disability get modified as under; Rs.1,45,800/- (Rs.15,000/-X12X9X9% = 1,45,800/-) as against Rs.81,000/-. 10. Towards pain and sufferings, Tribunal has awarded Rs.50,000/- is retained. Towards medical expenses Rs.1,50,000/- is retained. Towards loss of amenities Rs.35,000/- is awarded as against Rs.10,000/-. The tribunal has failed to award any compensation during the treatment period, the claimant was inpatient as 12 days, Rs.12,000/- is awarded under this head. 11. The tribunal has not awarded any compensation towards loss of income during laid up period. In view of the tribunal having assessed the income at Rs.15,000/- per month, the claimant would require atleast three months period to recuperate and to get back to his normal - 7 - NC: 2025:KHC:7580 MFA No. 6811 of 2024 day to day activities. Therefore, claimant would be entitled to Rs.45,000/- (Rs.15,000/- x 3) under this head. 12. In view of the above discussion, the claimant would be entitled to total compensation of Rs.4,37,800/. as against Rs.2,91,000/- awarded by the tribunal, as mentioned in the table below: Heads Amount in Rs. Loss of future earning capacity 1,45,800.00 Pain and sufferings 50,000.00 Loss of amenities 35,000.00 Loss of income during laid up period 45,000.00 Food, conveyance and nourishment 12,000.00 Medical expenses 1,50,000.00 TOTAL 4,37,800.00 13. Accordingly, I pass the following: O R D E R i) The appeal is allowed in part. - 8 - NC: 2025:KHC:7580 MFA No. 6811 of 2024 ii) The impugned Judgment & Award dated 09.07.2024 passed by the tribunal in MVC No.813/2022 is modified. iii) The appellant/claimant shall be entitled to total compensation of Rs.4,37,800/- as against Rs.2,91,000/- awarded by the tribunal alongwith interest at 6% per annum. iv) The enhanced compensation amount shall be paid with interest at 6% per annum by the respondent - insurance company within a period of four weeks from the date of receipt of copy of this judgment. v) The compensation amount shall be released in favour of the appellant-claimant as per the terms of the tribunal by electronic transfer to the claimant upon furnishing the required bank details/upon proper identification. vi) All other terms and conditions stipulated by the tribunal shall stand intact. vii) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE KBM List No.: 1 Sl No.: 8 CT: BHK