- 1 - HC-KAR NC: 2025:KHC-D:8857 MFA No. 100036 of 2018 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. 100036 OF 2018 (MV) BETWEEN: SANTHOSH S/O GOVINDARAJU, AGE: 21 YEARS, OCC: COOLIE, R/O: LAKKAPPANA CAMP, TQ: BHADRAVATHI, DIST: SHIVAMOGGA, NOW @ VIDYANAGAR, ANTRAVALI ROAD, RANEBENNUR, DIST: HAVERI. … APPELLANT (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, KSRTC, HASSAN DIVISION, HASSAN, DIST: HASSAN, PIN CODE-573 201. … RESPONDENT (BY SRI. S.C. BHUTI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION FROM RS.1,20,000/- TO RS.12,60,000/- BY MODIFYING THE JUDGMENT AND AWARD DATED 08.08.2017 PASSED IN MVC NO.969/2014 ON THE FILE OF THE IIND ADDITIONAL SENIOR CIVIL JUDGE AND 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:8857 MFA No. 100036 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the appellant/claimant challenging the judgment and award dated 08.08.2017, passed by the II Additional Senior Civil Judge and Additional MACT, Ranebennur, (for short, ‘Tribunal’) in MVC No.969/2014, 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. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries. “i. Tenderness and swelling over the right thigh. - 3 - HC-KAR NC: 2025:KHC-D:8857 MFA No. 100036 of 2018 ii. Abrasion and swelling over right elbow.” 5. The Tribunal after considering the facts and circumstances and evidence on record, has awarded total compensation of Rs.1,19,800/- which is rounded off to Rs.1,20,000/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, under the following heads: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and sufferings. 25,000/- 2. Towards medical expenses. 5,000/- 3. Towards attendant charges. 6,000/- 4. Conveyance charges 3,000/- 5. Food, diet and extra nourishment charges 5,000/- 6. Loss of income during laid up period 6,000/- 7. Loss of future earning capacity on account of permanent physical disability 64,800/- 8. Loss of amenities and enjoyment of life 5,000/- Total: 1,19,800/- 6. Considering the nature of injuries sustained, compensation awarded by the Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. - 4 - HC-KAR NC: 2025:KHC-D:8857 MFA No. 100036 of 2018 7. Considering the injuries sustained, a compensation of Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses is Rs.5,000/-, which is on lower side. Hence, the same is enhanced to Rs.10,000/-. Further, Rs.7,500/-(7,500 x 1) towards loss of income during laid up period for a period of one month and Rs.15,000/- towards Food, diet and extra nourishment charges. The compensation awarded under other heads are kept in-tact. 8. The doctor-PW-12 has stated that the claimant had suffered 40% of physical disability to a particular limb. Therefore, considering the evidence of doctor, 14% functional disability is taken into consideration. 9. The accident is caused in the year 2014. Therefore, notional income of Rs.7,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 19 years old at the time of accident. Therefore, - 5 - HC-KAR NC: 2025:KHC-D:8857 MFA No. 100036 of 2018 appropriate applicable multiplier is ‘18’. Hence, loss of future income due to disability is hereby reassessed as Rs.2,26,800/- (Rs.7,500/-x 14% x 18 x 12). 10. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and sufferings. 50,000/- 2. Towards medical expenses. 10,000/- 3. Towards attendant charges. 3,000/- 4. Conveyance charges 2,000/- 5. Food, diet and extra nourishment charges 15,000/- 6. Loss of income during laid up period 7,500/- 7. Loss of future earning capacity on account of permanent physical disability 2,26,800/- 8. Loss of amenities and enjoyment of life 25,000/- Total: 3,39,300/- 11. Therefore, the claimant is entitled for total compensation of Rs.3,39,300/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,20,000/- awarded by the Tribunal. The Insurance Company is directed to deposit - 6 - HC-KAR NC: 2025:KHC-D:8857 MFA No. 100036 of 2018 the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 12. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 08.08.2017, passed by the II Additional Senior Civil Judge and Additional MACT, Ranebennur, in MVC No.969/2014, stands modified. iii) The claimant is entitled for total compensation of Rs.3,39,300/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against Rs.1,20,000/- awarded by the Tribunal. iv) The Insurance Company shall deposit the amount within a period of eight weeks - 7 - HC-KAR NC: 2025:KHC-D:8857 MFA No. 100036 of 2018 from the date of receipt of a copy of this judgment. v) Send a copy of this judgment along with Trial Court records. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM CT:BCK LIST NO.: 1 SL NO.: 50