- 1 - HC-KAR NC: 2025:KHC-D:12374 MFA No. 100773 of 2018 C/W MFA No. 100772 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 100773 OF 2018 C/W MISCELLANEOUS FIRST APPEAL NO. 100772 OF 2018 IN MFA NO. 100773 OF 2018 BETWEEN: 1. SHRI. SUBHAS S/O LAGAMANNA NEERALAGI, AGE: 27 YEARS, OCC: MASON, NOW NIL, R/O: GUJANAL, TQ: GOKAK, DIST: BELAGAVI-591224. …APPELLANT (BY SMT. GEETHA K. M @ PAWAR, ADV) AND: 1. MR. VIRUPAAXI NILAPPA HANASI AGE: MAJOR, OCC: BUSINESS, R/O: A/P UGARGOL, TQ: SOUNDATTI, DIST: BELAGAVI-591110 (OWNER OF MAHINDRA BOLERO GOODS VEHICLE NO.KA-24/6007) 2. THE NATIONAL INSURANCE CO. LTD. REP. BY THE SENIOR DIVISIONAL MANAGER, DIVISIONAL OFFICE, PRABHU BUILDING, RAMDEV GALLI, BELAGAVI-590002. …RESPONDENTS (BY SRI. P.G. CHIKKANARAGUND, ADV FOR R1, SRI. G.N. RAICHUR, ADV FOR R2) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 05.01.2018 PASSED IN MVC NO.2943/2016 ON THE FILE OF THE I-ADDITIONAL MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12374 MFA No. 100773 of 2018 C/W MFA No. 100772 of 2018 DISTRICT AND SESSIONS JUDGE, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, IN MFA NO. 100772 OF 2018 BETWEEN: 1. SHRI. LAXMAN S/O BHARAMAPPA KADEPPAGOL AGE: 66 YEARS, OCC: MASON, NOW NIL, R/O: GUJANAL, TQ: GOKAK, DIST: BELAGAVI-591224. …APPELLANT (BY SMT. GEETHA K M @ PAWAR, ADV) AND: 1. MR. VIRUPAAXI NILAPPA HANASI AGE: MAJOR, OCC: BUSINESS, R/O: A/P UGARGOL, TQ: SOUNDATTI, DIST: BELAGAVI, (OWNER OF MAHINDRA BOLERO GOODS VEHICLE NO.KA-24/6007). 2. THE NATIONAL INSURANCE CO. LTD. REP. BY THE SENIOR DIVISIONAL MANAGER, DIVISIONAL OFFICE, PRABHU BUILDING, RAMDEV GALLI, BELAGAVI-590002. …RESPONDENTS (BY SRI. P.G. CHIKKANARAGUND, ADV FOR R1 SRI. G.N. RAICHUR, ADV FOR R2) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.01.2018 PASSED IN MVC NO.2942/2016 ON THE FILE OF THE I-ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12374 MFA No. 100773 of 2018 C/W MFA No. 100772 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) These appeals are filed by the petitioners challenging the common judgment and award dated 05.01.2018 passed in MVC Nos.2942/2016 and 2943/2016 by the learned I Additional District and Sessions Judge, Belagavi. 2. Brief facts leading rise to the filing of these appeals are as follows: On 02.12.2016, the petitioners namely Laxman and Subhas were proceeding on a motorcycle bearing registration No.KA-49/S-6546 as a rider and pillion rider, respectively, and when they reached near the accident spot, at that time, a Mahindra Bolero goods vehicle bearing registration No.KA- 24/6007 driven by its driver came in a rash and negligent manner and lost control over the same and dashed to the motorcycle of the petitioners. As a result, the petitioners have sustained grievous injuries. Hence, they filed a claim petition under Section 166 of the Motor Vehicles Act, receiving compensation on the account of the injuries sustained in the Road Traffic Accident. - 4 - HC-KAR NC: 2025:KHC-D:12374 MFA No. 100773 of 2018 C/W MFA No. 100772 of 2018 3. Notices were issued. The owner of the offending vehicle despite service of notice, remained absent and were placed exparte. 4. The insurance company field a statement of objections denying the averments made in the claim petitions and contended that the driver of the offending vehicle did not possess a valid and effective driving license as of the date of the accident. Therefore, there is a breach of policy conditions. Hence, prays to dismiss the claim petitions. 5. The Tribunal clubbed both claim petitions. The Tribunal based on the pleadings of the parties framed the separate issues. 6. The petitioners to substantiate their case, the petitioner in MVC No.2942/2016 was examined as PW.1 and the petitioner in MVC No.2943/2016 was examined as PW.2, examined the Doctors a PWs.3 and 4 and marked 32 documents as Exs.P.1 to P.32. The Officer of the insurance company was examined as RW.1 and marked two documents as Exs.R-1 and 2. - 5 - HC-KAR NC: 2025:KHC-D:12374 MFA No. 100773 of 2018 C/W MFA No. 100772 of 2018 7. The Tribunal after assessing the verbal and documentary evidence allowed the claim petitions in part and awarded a compensation of Rs.5,01,290/- in MVC No.2942/2016 and Rs.1,14,606/- in MVC No.2943/2016 with interest at the rate of 9% per annum from the date of petition till realization and held that the respondents are jointly and severally liable to pay the compensation with accrued interest and directed the insurance company to deposit the compensation amount. 8. The petitioners dissatisfied with the quantum of compensation awarded by the Tribunal field these appeals seeking enhancement of compensation. 9. Heard the learned counsel for the petitioners and the learned counsel for the insurance company. 10. Learned counsel for the petitioners submits that in the absence of the income proof, the Tribunal should have taken the notional income as per the schedule notified by the Karnataka Legal Services Authority. The accident is of the - 6 - HC-KAR NC: 2025:KHC-D:12374 MFA No. 100773 of 2018 C/W MFA No. 100772 of 2018 year 2016 and the income as per the schedule is Rs.8,750/-. The Tribunal has assessed notional income on the lower side. She submits that the Tribunal has assessed the disability on the lower side without considering the disability assessed by the Doctors, PWs.3 and 4. She also contends that the compensation awarded by the Tribunal on the other heads are on the lower side. Hence, on these grounds, she prays to allow the appeals. 11. Per contra, learned counsel for the insurance company submits that the compensation awarded by the Tribunal is just and proper and do not call for any interference. Hence, on these grounds prays to dismiss the appeals. 12. Perused the records and considered the submissions of the learned counsel for the parties. 13. The point that would arise for consideration is regarding the quantum of compensation. - 7 - HC-KAR NC: 2025:KHC-D:12374 MFA No. 100773 of 2018 C/W MFA No. 100772 of 2018 14. There is no dispute regarding the occurrence of the accident and the injuries sustained by the petitioners in the road traffic accident. 15. The petitioner in MVC No.2942/2016, to prove the disability examined the Doctor as PW.4. he has deposed that he had examined the petitioner for the purpose of ascertaining the permanent physical disability by referring to the discharge summary, wound certificate and the petitioner has acquired permanent physical disability to an extent of 35% in the right shoulder joint due to comminuted fracture proximal right humerus bone and to an extent of 40% in the right knee joint due to comminuted open (compound) III B fracture distal right femur bone comminuted fracture proximal right tibia bone with intra articular extension, fracture of right patella bone. Ligament injuries with quadriceps tear right side and he has opined that the petitioner has suffered a permanent disability to an extent of 35%. Admittedly, PW.4 is not a treated doctor. The disability assed by the Tribunal is 20% which is just and proper. The accident is of the year 2016. The petitioners to prove the income the petitioner has not - 8 - HC-KAR NC: 2025:KHC-D:12374 MFA No. 100773 of 2018 C/W MFA No. 100772 of 2018 produced any income proof. In the absence of income proof, this Court assess the notional income at Rs.8,750/-. The petitioner was aged 65 years and the multiplier applicable to his age group is 7. Thus, considering the evidence of PW.4 and the medical records, this Court re-assess the compensation under the following heads: Sl. No. Heads Compensation awarded by the Tribunal Rs. Compensation re-assessed by this Court Rs. 1 Loss of earning capacity (8,750x12x7x20%) 75,000/- 1,47,000/- 2 Loss of income during laid up period - 17,500/- 3 Loss of amenities 60,000/- 25,000/- 4 Food, nourishment, attendant charges etc 20,000/- 10,000/- 5 Pain and suffering 15,000/- 25,000/- 6 Medical expenses 3,31,290/- 3,31,290/- TOTAL 5,01,290/- 5,55,790/- 16. Thus, the petitioner in MVC No.2942/2016 is entitled for total compensation of Rs.5,55,790/- as against Rs.5,01,290/- awarded by the Tribunal. Hence, the petitioner is entitled for an enhanced compensation of Rs.54,500/-. - 9 - HC-KAR NC: 2025:KHC-D:12374 MFA No. 100773 of 2018 C/W MFA No. 100772 of 2018 17. In MVC No.2943/2016, the petitioner was aged about 25 years and the multiplier applicable to his age group is 18. The petitioner to prove his income has not produced any income proof. This Court takes the notional income as per the schedule notified by the Karnataka Legal Services Authority i.e., Rs.8,750/-. The petitioner examined the Doctor as PW-3 who has opined that the petitioner has suffered permanent disability to an extent of 40% and the disability assessed by the Tribunal at 10%, which is just and proper. Thus, this Court considering the evidence and the medical records, re-assess the compensation under the following heads: Sl. No. Heads Compensation awarded by the Tribunal Rs. Compensation re-assessed by this Court Rs. 1 Loss of earning capacity (8,750x12x18x10%) 81,000/- 1,89,000/- 2 Loss of income during laid up period - 17,500/- 3 Loss of amenities 5,000/- 25,000/- 4 Food, nourishment, attendant charges etc 5,000/- 10,000/- 5 Pain and suffering 10,000/- 25,000/- 6 Medical expenses 13,606/- 13,606/- TOTAL 1,14,606/- 2,80,106/- - 10 - HC-KAR NC: 2025:KHC-D:12374 MFA No. 100773 of 2018 C/W MFA No. 100772 of 2018 18. Thus, the petitioner MVC No.2943/2016 is entitled for total compensation of Rs.2,80,106/- as against Rs.1,14,606/- awarded by the Tribunal. Hence, the petitioner is entitled for enhanced compensation of Rs.1,65,500/-. 19. In view of the above discussion, I proceed to pass the following: ORDER i. MFA Nos.100772/2018 and 100773/2018 are allowed in part. The judgment and award dated 05.01.2018 passed in MVC Nos.2942/2016 and 2943/2016 by the learned I Additional District and Sessions Judge, Belagavi, is hereby modified. ii. The petitioner in MVC No.2942/2016 is entitled to the enhanced compensation of Rs.54,500/- and the petitioner in MVC No.2493/2016 is entitled to the enhanced compensation of Rs.1,65,500/- with interest at the rate of 9% per annum from the date of petition till realization on the enhanced compensation. - 11 - HC-KAR NC: 2025:KHC-D:12374 MFA No. 100773 of 2018 C/W MFA No. 100772 of 2018 iii. Rest of the judgment of the Tribunal is kept intact. Draw the award accordingly. Sd/- (ASHOK S. KINAGI) JUDGE KMV CT:BSB List No.: 1 Sl No.: 25