- 1 - HC-KAR NC: 2025:KHC-D:10625-DB MFA No. 101818 of 2018 C/W MFA No. 101819 of 2018 MFA No. 101820 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL M.F.A. NO.101818 OF 2018 (MV-I) C/W. M.F.A. NO.101819 OF 2018 (MV-I) M.F.A. NO.101820 OF 2018 (MV-I) IN MFA NO.101818 OF 2018 BETWEEN: NEMANNA @ NYAMANNA, S/O. BHIMAPPA JAKANUR, AGE: 50 YEARS, OCC: AGRICULTURE, NOW NIL, R/O. NAGANUR VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOT-587301. …APPELLANT (BY SRI. SIDDAPPA SAJJAN, ADVOCATE) AND: 1. AJIT S/O. APPASAB PADASALI, AGE: 35 YEARS, OCC: BUSINESS, R/O. MAITRI GALLI, JAMKHANDI, TQ. JAMAKHANDI, DIST. BAGALKOT-587301. 2. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., HANUMSHETTI BUILDING, GURUKUL ROAD, BIJAPUR-586101. …RESPONDENTS (BY SRI. P. G. CHIKKANARAGUND, ADV. FOR R1; SRI. RAJASHEKHAR S. ARANI, ADV. FOR R2) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10625-DB MFA No. 101818 of 2018 C/W MFA No. 101819 of 2018 MFA No. 101820 of 2018 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION AND AWARD COMPENSATION CLAIMED BY THE APPELLANT BY MODIFYING JUDGMENT AND AWARD DATED 21.07.2017 IN MVC NO.566/2013, PASSED BY THE COURT OF PRL. SENIOR CIVIL JUDGE AND MACT NO.V JAMKHANDI, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO. 101819 OF 2018 BETWEEN: ARUN S/O. PANDIT GUDLAMANI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. MARKET GALLI, JAMAKHANDI, TQ: JAMAKHANDI, DIST: BAGALKOT-587301. …APPELLANT (BY SRI. SIDDAPPA SAJJAN, ADVOCATE) AND: 1. AJIT S/O. APPASAB PADASALI, AGE: 30 YEARS, OCC: BUSINESS, R/O. MAITRI GALLI, JAMKHANDI, TQ. JAMAKHANDI, DIST. BAGALKOT-587301. 2. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., HANUMSHETTI BUILDING, GURUKUL ROAD, BIJAPUR-586101. …RESPONDENTS (BY SRI. P. G. CHIKKANARAGUND, ADV. FOR R1; SRI. RAJASHEKHAR S. ARANI, ADV. FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION AND AWARD COMPENSATION CLAIMED BY THE APPELLANT BY MODIFYING JUDGMENT AND AWARD DATED 21.07.2017 IN MVC NO.567/2013, PASSED BY THE COURT OF PRL. SENIOR CIVIL JUDGE AND MACT NO.V JAMKHANDI, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:10625-DB MFA No. 101818 of 2018 C/W MFA No. 101819 of 2018 MFA No. 101820 of 2018 IN MFA NO. 101820 OF 2018 BETWEEN: GURUSIDDA S/O. GURAPPA GOTE, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. BASAVANAGAR PLOT, MAHALINGAPUR, R/O. NAGANUR VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOT-587301. …APPELLANT (BY SRI. SIDDAPPA SAJJAN, ADVOCATE) AND: 1. AJIT S/O. APPASAB PADASALI, AGE: 30 YEARS, OCC: BUSINESS, R/O. MAITRI GALLI, JAMKHANDI, TQ. JAMAKHANDI, DIST. BAGALKOT-587301. 2. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., HANUMSHETTI BUILDING, GURUKUL ROAD, BIJAPUR-586101. …RESPONDENTS (BY SRI. P. G. CHIKKANARAGUND, ADV. FOR R1; SRI. RAJASHEKHAR S. ARANI, ADV. FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION AND AWARD COMPENSATION CLAIMED BY THE APPELLANT BY MODIFYING JUDGMENT AND AWARD DATED 21.07.2017 IN MVC NO.568/2013, PASSED BY THE COURT OF PRL. SENIOR CIVIL JUDGE AND MACT NO.V JAMKHANDI, IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 4 - HC-KAR NC: 2025:KHC-D:10625-DB MFA No. 101818 of 2018 C/W MFA No. 101819 of 2018 MFA No. 101820 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) The above appeals are filed against judgment and award dated 21.07.2017 passed in MVC Nos.566/2013 c/w 567/2013 and 568/2013 on the file of learned Prl. Senior Civil Judge and Member, MACT-V, Jamkhandi1 seeking enhancement of compensation. 2. Brief facts of the case leading to filing of these appeals are that, on 14.03.2010 at about 1:00 a.m., while all the petitioners along with their friends were proceeding on LMV Trax Toofan Cruiser bearing No.KA-48/M-1708 from Jamakhandi to Shrishylam and they came near Doranal- Shrishylam road, the driver of the said vehicle drove the same in a rash and negligent manner and lost control over the vehicle and the vehicle hurtled down in a roadside ditch and caused the accident. Due to the said accident, all the petitioners sustained injuries. 3. The Insurance Company filed written statement denying the date, time, mode of accident, and also denied the 1 For short ‘Tribunal’ - 5 - HC-KAR NC: 2025:KHC-D:10625-DB MFA No. 101818 of 2018 C/W MFA No. 101819 of 2018 MFA No. 101820 of 2018 age, income and avocation of the petitioners. It was contended that the accident occurred due to negligence on the part of the petitioners. It was further contended that the driver of the said vehicle did not possess driving license as on the date of the accident. Thus, prayed for dismissal of the claim petitions. 4. The Tribunal on appreciation of oral and documentary evidence on record, awarded a total compensation of Rs.5,02,800/- in favour of the injured- claimant in MVC No.566/2013, Rs.1,03,000 in favour of the injured-claimant in MVC No.567/2013 and Rs.1,31,235/- in favour of the injured-claimant in MVC No.568/2013 along with interest at 9% per annum. Aggrieved by the same, the claimants in the aforementioned cases are before this Court challenging the quantum of compensation. 5. Learned counsel Sri.Siddappa Sajjan appearing for the appellants-injured claimants submits that the Tribunal has awarded a meager compensation in respect of injuries sustained by them, which requires to be interfered with by enhancing the compensation. It is further submitted that the claimants-appellants have spent a huge sum of money for their - 6 - HC-KAR NC: 2025:KHC-D:10625-DB MFA No. 101818 of 2018 C/W MFA No. 101819 of 2018 MFA No. 101820 of 2018 medical treatment, but the same was not considered by the Tribunal and has awarded a meager compensation under the head of medical treatment. It is also submitted that the Tribunal has taken lesser percentage of disability without considering the disability assessed by the doctor. Hence, the compensation awarded by the Tribunal under the other conventional heads is meager and are required to be enhanced. Therefore, the appeals are required to be allowed by enhancing the compensation. 6. Per contra, Sri. P.G.Chikkanaragund, learned counsel for respondent No.1 and Sri Rajashekhar S.Arani, learned counsel for respondent No.2/Insurance Company support the impugned judgment and award passed by the tribunal. They contended that the accident was caused due to the negligence of the driver of the vehicle, claimants and their friends. It is further contended that based on oral and documentary evidence on record, the Tribunal has awarded just and reasonable compensation in all the cases, which requires no interference. Hence, they seek to dismiss the appeals. - 7 - HC-KAR NC: 2025:KHC-D:10625-DB MFA No. 101818 of 2018 C/W MFA No. 101819 of 2018 MFA No. 101820 of 2018 7. We have heard the learned counsel for the respective parties and perused the appeal papers along with original records and the following point would arise for our consideration in the these appeals: “Whether the judgment and award passed by the Tribunal calls for any interference?” 8. Answer to the above point would be in the “partly affirmative” for the following reasons: 9. The undisputed facts are that on 14.03.2010, when all the petitioners were proceeding on LMV Trax Toofan Cruiser from Jamkhandi to Shrishylam to attend pooja and when they came near Doranal-Shrishylam road at about 1:00 a.m., the driver of the said vehicle drove the same in a rash and negligent manner and lost control over the vehicle and hurtled down the roadside ditch and caused an accident and due to impact, all petitioners were sustained injuries. 10. As regards the quantum of compensation, in MVC No.566/2013, the Tribunal has rightly taken monthly income of the injured at Rs.6,000/-, which in our view is just and proper. The Tribunal has determined the disability of the claimant- - 8 - HC-KAR NC: 2025:KHC-D:10625-DB MFA No. 101818 of 2018 C/W MFA No. 101819 of 2018 MFA No. 101820 of 2018 Nemanna at 25%, which in our view is incorrect and contrary to the evidence on record and the same is required to be reassessed at 80% considering the evidence of the Medical Officer and Ex.C1 i.e., permanent physical disability certificate. Hence, it is necessary to award compensation towards future prospects, as the Medical Officer in his evidence has clearly deposed that the injured has suffered 80% of permanent disability. Keeping in mind the ratio laid down by the Hon’ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Others2, since the injured was aged about 45 years at the time of accident. Hence, 25% of the assessed income has to be added towards future prospects of the injured. We are also of the considered view that the the Tribunal has rightly applied appropriate multiplier of ‘14’. Hence, the loss of future earning due to disability is as under: Rs.6,000 + 25% x 12 x 14 x 80% = Rs.10,08,000/-. 11. The injured-claimant has been awarded compensation under the head of loss of future prospect. Hence there cannot be any award of compensation under the head 2 2017 (16) SCC 680 - 9 - HC-KAR NC: 2025:KHC-D:10625-DB MFA No. 101818 of 2018 C/W MFA No. 101819 of 2018 MFA No. 101820 of 2018 loss of amenities. The award of compensation by the Tribunal under other heads is just and proper which requires no interference. Hence the claimant-Nemanna in MVC No.566/2013 is entitled to the following modified compensation: 1 Pain and suffering Rs.50,000/- 2 Medical expenses Rs.1,80,800/- 3 Loss of future earning due to disability Rs.10,08,000/- 4 Loss of income during laid up period Rs.20,000/- Total Rs.12,58,800/- 12. Thus, the claimant in MVC No.566/2013 would be entitled to total compensation of Rs.12,58,800/- as against Rs.5,02,800/- awarded by the Tribunal. 13. The claimant-Arun in MVC No.567/2013 was aged about 47 years at the time of accident. As per Ex.P19, the claimant has suffered disability at 22%, however the Tribunal has assessed it at 7%, which is on the lower side. Taking note of the fracture suffered by the claimant as well as Ex.P19, it would be appropriate to reassess the disability of the claimant at 10%. There is no dispute with regard to the income of Rs.6,000/- per month and multiplier of ‘13’. Thus, the claimant - 10 - HC-KAR NC: 2025:KHC-D:10625-DB MFA No. 101818 of 2018 C/W MFA No. 101819 of 2018 MFA No. 101820 of 2018 is entitled to a modified compensation under the head of loss of future earning due to disability as under: Rs.6,000 x 12 x 13 x 10% = Rs.93,600/-. 14. The Tribunal has awarded meager compensation under other heads. Taking note of injuries suffered by the claimant and the treatment undergone by him, the claimant would be entitled to modified compensation of Rs.30,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities, Rs.12,000/- towards loss of income during laid up period and Rs.10,000/- miscellaneous expenses. The Tribunal has awarded Rs.7,480/- under the head of medical expenses, which is as per medical bills produced by the claimant, and is unaltered. The claimant-Arun in MVC No.567/2013 is entitled for the following modified compensation: 1 Pain and suffering Rs.30,000/- 2 Medical expenses Rs.7,480/- 3 Loss of future earning due to disability Rs.93,600/- 4 Loss of income during laid up period Rs.12,000/- 5 Loss of amenities Rs.30,000/- 6 Misc. expenses Rs.10,000/- Total Rs.1,83,080/- - 11 - HC-KAR NC: 2025:KHC-D:10625-DB MFA No. 101818 of 2018 C/W MFA No. 101819 of 2018 MFA No. 101820 of 2018 15. Thus, the claimant in MVC No.567/2013 would be entitled to total compensation of Rs.1,83,080/- as against Rs.1,03,000/- awarded by the Tribunal. 16. The claimant-Gurusidda in MVC No.568/2013 was aged about 42 years at the time of accident. As per Ex.P21, the claimant has suffered disability at 30%, however the Tribunal has assessed it at 10%, which is on the lower side. Taking note of the fracture suffered by the claimant as well as Ex.P21, it would be appropriate to reassess the disability of the claimant at 12%. There is no dispute with regard to the income of Rs.6,000/- per month and multiplier of ‘14’. Thus, the claimant is entitled for modified compensation under the head loss of future earning due to disability as under: Rs.6,000 x 12 x 14 x 12% = Rs.1,20,960/-. 17. The Tribunal has awarded meager compensation under other heads. Taking note of injuries suffered by the claimant and the treatment undergone by him, the claimant would be entitled to modified compensation of Rs.30,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities, Rs.12,000/- towards loss of income during laid up - 12 - HC-KAR NC: 2025:KHC-D:10625-DB MFA No. 101818 of 2018 C/W MFA No. 101819 of 2018 MFA No. 101820 of 2018 period and Rs.10,000/- miscellaneous expenses. The Tribunal has awarded Rs.435/- under the head of medical expenses, which is as per medical bills produced by the claimant and is unaltered. The claimant-Gurusidda in MVC No.568/2013 is entitled for the following modified compensation: 1 Pain and suffering Rs.30,000/- 2 Medical expenses Rs.435/- 3 Loss of future earning due to disability Rs.1,20,960/- 4 Loss of income during laid up period Rs.12,000/- 5 Loss of amenities Rs.30,000/- 6 Misc. expenses Rs.10,000/- Total Rs.2,03,395/- 18. Thus, the claimant in MVC No.568/2013 would be entitled to total compensation of Rs.2,03,395/- as against Rs.1,31,235/- awarded by the Tribunal. 19. Hence, we proceed to pass the following: ORDER i. All the above appeals are allowed in part. ii. The impugned common judgment and award dated 21.07.2017 passed in MVC Nos.566, 567 and 568 of 2013 by the learned Prl. Senior Civil Judge and Member, - 13 - HC-KAR NC: 2025:KHC-D:10625-DB MFA No. 101818 of 2018 C/W MFA No. 101819 of 2018 MFA No. 101820 of 2018 MACT-V, Jamkhandi is modified holding that the claimant in MVC No.566/2013 would be entitled to total compensation of Rs.12,58,800/- as against Rs.5,02,800/- awarded by the Tribunal; the claimant in MVC No.567/2013 would be entitled to total compensation of Rs.1,83,080/- as against Rs.1,03,000/- awarded by the Tribunal and the claimant in MVC No.568/2013 would be entitled to total compensation of Rs.2,03,395/- as against Rs.1,31,235/- awarded by the Tribunal. iii. The enhanced compensation amount in all the appeals shall carry interest at the rate of 6% per annum from the date of petition till date of payment. iv. The Insurance Company shall deposit the enhanced compensation amount along with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. v. The apportionment, deposit and disbursement shall be made in terms of award of the Tribunal. - 14 - HC-KAR NC: 2025:KHC-D:10625-DB MFA No. 101818 of 2018 C/W MFA No. 101819 of 2018 MFA No. 101820 of 2018 vi. Draw modified award accordingly. vii. No order as to costs. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE CLK/CT-AN List No.: 1 Sl No.: 33