- 1 - HC-KAR NC: 2025:KHC:26625 MFA No. 6212 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 6212 OF 2014 (MV) BETWEEN: PRADEEP JAIN @ PRADEEP KUMAR JAIN, S/O LATE NAMIRAJ SHETTY, AGED ABOUT 39 YEARS, PERMANENT RESIDENT OF KARIYAL GUTHU HOUSE, KELLA PUTHIGE VILLAGE, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT, PRESENTLY R/AT MANNIMAR HOUSE, MALLAR, MALA VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574 104. …APPELLANT (BY SRI. RAJU BHAT, ADVOCATE) AND: 1. MRS. SHAHIRA BANU W/O ABDUL @ ABULAL, AGED ABOUT 35 YEARS, MITHABAIL VILLAGE AND POST, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT - 575 001. 2. IFFCO TOKIO GENERAL INSURANCE CO. LTD., 3RD FLOOR, LALBAGH TOWER, M.G. ROAD, MANGALORE, DAKSHINA KANNADA DISTRICT - 575 001. BY ITS GENERAL. …RESPONDENTS (NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 30.01.2015, SRI. S. V. HEGDE MULKHAND, ADVOCATE FOR R2) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26625 MFA No. 6212 of 2014 THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31.05.2014 PASSED IN MVC NO.160/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, KARKALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant against the Judgment and award dated 31.05.2014 passed by the Senior Civil Judge and AMACT, Karkala (hereinafter referred to as "Tribunal" for short) in MVC No.160/2013. 2. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. 3. The brief facts of the case are that, on 14.10.2012, at 22.30 hours, the claimant met with an accident at Alangar bus stop circle due to rash and negligent driving of Maruthi Car bearing registration No.KA-19-MC-1771 by its driver. As a result of the impact, claimant sustained fracture of right tibia. He took treatment as an inpatient and spent substantial - 3 - HC-KAR NC: 2025:KHC:26625 MFA No. 6212 of 2014 amount towards medical expenses. He has suffered permanent disability. With these reasons prayed to award compensation. 4. Both the respondents were placed exparte before the Tribunal. 5. The Tribunal had framed the necessary issues. 6. The claimant to prove his case examined two witnesses as PW-1 and PW-2 and marked Ex.P1 to P69. 7. The Tribunal after hearing the claimant held that the accident occurred due to the rash and negligent driving of the car bearing registration No.KA-19-MC-1771 by its driver. 8. The Tribunal held that the claimant sustained injuries as stated in the medical records and assessed his age as 38 years, applied multiplier as `15', disability of the claimant as 4%, his income at Rs.5,000/- per month and awarded following amount of compensation: SL.NO. DESCRIPTION AMOUNT 1. Pain and agony Rs. 40,000/- 2. Rest, nourishment and attendant charges Rs. 10,000/- - 4 - HC-KAR NC: 2025:KHC:26625 MFA No. 6212 of 2014 3. Loss of amenities of life Rs. 10,000/- 4. Medical expenses Rs. 1,00,575/- 5. Future medical expenses Rs. 10,000/- 6. Conveyance Rs. 5,000/- 7. Loss of future income Rs. 36,000/- Total Rs. 2,11,575/- 9. Being dissatisfied with the award passed by the Tribunal, the claimant has filed the present appeal for enhancement of compensation. 10. I have heard the arguments of learned counsel for appellant and learned counsel for respondent No.2 and perused the records. 11. The fact of accident was not disputed before Tribunal, since both the respondents were absent. Hence no need to reconsider the same. 12. The claimant as per the medical records, sustained fracture of right tibia. He underwent surgery. He took treatment as an inpatient from 15.10.2012 to 26.10.2012 and 25.11.2012 to 05.12.2012. According to evidence of PW-2, the claimant has suffered functional disability of right leg to an extent of 12%. He also stated that for removal of implants - 5 - HC-KAR NC: 2025:KHC:26625 MFA No. 6212 of 2014 claimant will have to spend Rs.25,000/-. He also stated regarding restriction of movement of particular limb of the claimant. Considering these materials the amount of compensation awarded by the Tribunal is inadequate and requires enhancement. 13. Claimant contended that he was earning Rs.7,408/- while working as a Supervisor in a Hotel. Tribunal has taken his income at Rs.5,000/- per month. Even as per the chart prepared by the Karnataka State Legal Services Authority notional income would be more than the amount claimed by the claimant. Therefore the income is taken at Rs.7,408/-. Looking at the nature of injuries and treatment taken by the claimant, it appears in the evidence of PW-2 instead of referring to the whole body must have referred to the right lower limb. However, unless there is an explanation in this regard, by the doctor it cannot be said to be mistake. The Tribunal has not awarded compensation under the head `loss of income during laid up period'. Considering the facts and circumstances the claimant is entitled to following compensation: - 6 - HC-KAR NC: 2025:KHC:26625 MFA No. 6212 of 2014 SL.NO. DESCRIPTION AMOUNT 1. Pain and Suffering Rs. 40,000/- 2. Medical expenses Rs.1,00,575/- 3. Attendant charges, special diet, conveyance charges Rs. 25,000/- 4. Loss of income during laid up period Rs.7,408x3 Rs. 22,224/- 5. Loss of future earning capacity Rs.7,408x12x15x4% Rs. 53,337/- 6. Loss of amenities Rs. 40,000/- 7. Future medical expenses Rs. 25,000/- Total Rs.3,06,136/- Less: compensation awarded by the Tribunal Rs.2,11,575/- Enhancement Rs. 94,561/- Rounded off to Rs. 95,000/- 14. Undisputedly the respondents are liable to pay the said amount. Claimant is entitled to interest @ 6% p.a. on the enhanced amount of compensation from the date of petition till its realisation. 15. Claimant is not entitled for interest on the compensation awarded under the head `future medical expenses' of Rs.25,000/-. 16. Respondents are jointly and severally liable to pay compensation. 17. Accordingly, following order is passed: - 7 - HC-KAR NC: 2025:KHC:26625 MFA No. 6212 of 2014 ORDER 1. Appeal is allowed in part. 2. Impugned Judgment and award dated 31.05.2014 passed by Senior Civil Judge and AMACT, Karkala, in MVC No.160/2013 is modified; 3. Claimant is entitled to enhanced compensation of Rs.95,000/- with interest at 6% p.a. from the date of petition till its realisation. Claimant is not entitled for interest on the compensation amount of Rs.25,000/- awarded towards future medical expenses. 4. Respondent No.2 shall deposit the said amount within a period of six weeks from the date of award. 5. Remaining portion of the award remains undisturbed. Send back the trial Court records along with the copy of the Judgment to the Tribunal. Sd/- (UMESH M ADIGA) JUDGE SBN List No.: 1 Sl No.: 14 CT:PH