- 1 - HC-KAR NC: 2025:KHC-D:8842 MFA No. 100463 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 100463 OF 2015 (MV) BETWEEN: MANJAPPA S/O NAGAPPA DODDAMANI, AGE: 37 YEARS, OCC: AGRICULTURE AND COOLIE WORK, R/O: KUDRIHAL VILLAGE, TQ: RANEBENNUR, DIST: HAVERI. … APPELLANT (BY SRI. G.N. NARASAMMANAVAR, ADVOCATE) AND: BASAPPA S/O HANUMANTHAPPA ADAVINAIKAR, AGED MAJOR, OCC: BUSINESS WORK, R/O: KUDRIHAL VILLAGE, TQ: RANEBENNUR, DIST: HAVERI. … RESPONDENT (BY SRI. S.L. MATTI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT 1988, PRAYING TO ENHANCE THE COMPENSATION AND MODIFYING THE IMPUGNED AWARD DATED 14.11.2014 PASSED IN MVC NO.789/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8842 MFA No. 100463 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) 1. This appeal is filed by the claimant challenging the judgment and award dated 14.11.2014, passed by the Additional Senior Civil Judge and AMACT, Ranebennur (for short ‘the Tribunal’), in MVC No.789/2013, seeking enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 4. It is the case of the claimant that on 29.03.2012 at about 09.50 pm, while riding a TVS Loona bearing No.KA-27/W-3673 from Kudrihal to Ranebennur, a Tractor and Trailer bearing No.KA-27/T-3767 and KA- 27/T-1749 coming at high speed from the same direction, collided with the claimant’s vehicle, causing serious injuries. - 3 - HC-KAR NC: 2025:KHC-D:8842 MFA No. 100463 of 2015 5. The Tribunal, upon considering the claimant’s claim petition, awarded compensation and directed the respondent insurer to pay the same. 6. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. “Fracture of both lower limbs, Comminuted fracture of the pelvic bone (including left iliac wing and superior & interior ramus and other injuries.” 7. The Tribunal has awarded compensation under various heads as under: 1 For Pain and Suffering Rs.40,000/- 2 Medical expenses Rs.85,836/- 3 Conveyance, diet, extra nourishment charges food and attendant charges Rs.4,000/- 4 Loss of Income during laid up period Rs.8,000/- 5 Loss of future earning capacity on account of permanent physical disability Rs.1,06,920/- 6 Loss of amenities and enjoyment of life Rs.5,000/- Total Rs.2,49,756/- - 4 - HC-KAR NC: 2025:KHC-D:8842 MFA No. 100463 of 2015 8. Considering the nature of injuries sustained, compensation awarded by the Tribunal appears inadequate. Therefore, the same is required to be enhanced by modifying the judgment and award. 9. The compensation of Rs.40,000/- towards pain and suffering, Rs.85,836/- towards medical expenses, Rs.5,000/- towards loss of amenities, Rs.4,000/- towards incidental expenses, and Rs.8,000/- towards loss of income during the laid-up period are noted. 10. The doctor, examined as PW-2, stated that the claimant suffered 50% permanent physical disability. However, the Tribunal considered only 11% disability. Based on the nature of injuries and the precedent set in the Rajkumar V/s Ajaykumar & another in 2011 ACJ 1, 18% functional disability is considered appropriate being approximately one-third of the Doctor's assessment. 11. The accident occurred in the year 2012. Therefore, a notional income of Rs.6,500/- per month is - 5 - HC-KAR NC: 2025:KHC-D:8842 MFA No. 100463 of 2015 taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 35 years at the time of accident. Therefore appropriate applicable multiplier is 16. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.2,24,640/- (Rs.6,500/- x 18% x 12 x 16). 12. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. Rs. 50,000/- 2. Towards medical expenses. Rs.85,836/- Towards loss of income during laid up period and medical treatment period.(Rs.6,500/- x 3) Rs.19,500/- 3. Towards loss of amenities. Rs.20,000/- 4. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc., Rs.10,000/- 5 Towards loss of future earning capacity. Rs.2,24,640/- Total: Rs.4,09,976/- 13. Therefore, the claimant is entitled for total compensation of Rs.4,09,976/-, along with interest at the - 6 - HC-KAR NC: 2025:KHC-D:8842 MFA No. 100463 of 2015 rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,49,756/- awarded by the Tribunal. The respondent directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 14. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 14.11.2014, passed by the Additional Senior Civil Judge and AMACT, Ranebennur, in MVC No.789/2013 stands modified. iii) The claimant is entitled for total compensation of Rs.4,09,976/- along with interest at the rate of 6% p.a. from the date of petition till its realization. - 7 - HC-KAR NC: 2025:KHC-D:8842 MFA No. 100463 of 2015 v) The respondent shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. vi) Send back the trial Court records along with a copy of this judgment. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RHR/- CT:BCK LIST NO.: 1 SL NO.: 40