- 1 - HC-KAR NC: 2025:KHC:36128 MFA No. 6734 of 2019 C/W MFA No. 8616 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6734 OF 2019 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 8616 OF 2018 (MV-I) IN MFA No. 6734/2019 BETWEEN: SRI ANJINA REDDY @ ANJINAPPA S/O BALKA KARENNA AGED ABOUT 24 YEARS, R/O NIRAGANTIPALLI VILLAGE, BAGEPALLI TALUK, CHICKBALLAPUR DISTRICT. …APPELLANT (BY SRI. VISHWANATHA K., ADVOCATE) AND: 1. MR SHANKAR NAYAK MAJOR S/O SOMALE NAYAK, R/O # 28, MARAVAPALLI VILLGE, BAGEPALLI TALUK, CHICKBALLAPUR DISTRICT. 2. M/S BHARTI AXA GENERAL INSURANCE COMPANY, BRANCH OFFICE, # 30, 3RD FLOOR, BELLARY TALUK, Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36128 MFA No. 6734 of 2019 C/W MFA No. 8616 of 2018 HEBBAL, BANGALORE-560024 …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADV. AND B. PRADEEP, ADV. FOR R2, V/O DATED: 8/9/22 NOTICE TO R1 D/W.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 17.07.2018 PASSED IN MVC NO. 55/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHICKBALLAPLURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 8616/2018 BETWEEN: THE MANAGER BHARATHI AXA GIC LTD., # 30, 3RD FLOOR, BELLARY ROAD, HEBBAL, BANGALORE - 560024. LEGAL MANAGER, BHARATHI AXA GIC LTD., 1ST FLOOR, FERNS ICON, SURVEY NO. 28, DODDANEKUNDI, K.R. PURAM HOBLI, BANGALORE - 560037. ...APPELLANT (BY SRI. MALLIKARJUNA REDDY N.A., ADV. AND SRI. B. PRADEEP, ADV.) - 3 - HC-KAR NC: 2025:KHC:36128 MFA No. 6734 of 2019 C/W MFA No. 8616 of 2018 AND: 1. SRI. ANJINA REDDY @ ANJANAPPA S/O. BALKA KARENNA, AGED ABOUT 33 YEARS, R/O. NIRAGANTIPALLI VILLAGE, BAGEPALLI TALUK, CHICKBALLAPUR DISTRICT-560231. 2. MR. SHANKAR NAYAK, MAJOR, S/O. SOMALE NAYAK, R/O. #28, MARAVAPALLI VILLAGE, BAGEPALLI TALUK, CHICKBALLAPUR DISTRICT-560 231. ...RESPONDENTS (BY SRI. VISHWANATHA K., ADV. FOR R1 (VK NOT FILED), R2 - SERVED.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 17/07/2018, PASSED IN MVC NO.55/2013, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & MACT, CHIKKABALLAPUR, AWARDING COMPENSATION OF RS.2,73,840/- WITH INTEREST AT THE RATE OF 6% FROM THE DATE OF PETITION TILL ITS DEPOSIT AND ALSO ENTITLED FOR A COMPENSATION OF RS.30,000/- WITHOUT INTEREST. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 4 - HC-KAR NC: 2025:KHC:36128 MFA No. 6734 of 2019 C/W MFA No. 8616 of 2018 ORAL JUDGMENT MFA No.6734/2019 is filed by the appellant claiming for enhancement of compensation and MFA No.8616/2018 is filed by the insurance company disputing the liability. 2. Both the appeals are filed against the award dated 17.07.2018 passed in MVC No.55/2013 by the Court of II Addl. Senior Civil Judge and Motor Accident Claims Tribunal, Chickballapur, (for short 'Tribunal). 3. For the sake of convenience, the parties shall be referred to as per their rank and status before the Tribunal. 4. The petitioner met with an accident on 10.05.2013 and produced Ex.P6- wound certificate, Ex.P7- discharge summary and Exs.P8 to P12 to support his injuries and also examined PW.2-doctor. As per evidence of PW.2, he sustained fracture of left femur, shaft and multiple abrasions of face, both upper limbs and he was admitted as inpatient on 10.05.2013 and undergone - 5 - HC-KAR NC: 2025:KHC:36128 MFA No. 6734 of 2019 C/W MFA No. 8616 of 2018 surgery on 12.05.2013 and got discharged on 01.06.2013 and he was inpatient for a period of 21 days. PW.2 further stated that patient still complaints of limbs pain, weakness of the left hip, thigh and knee and pain increase on walking about half kilometer only. He is not able to walk properly in the fields and gets more pain and assessed the disability of 50.55% to left lower limb and 16.85% to the whole body. The Tribunal has considered the disability at 16% based on wound certificate, discharge summary, inpatient records and so also outpatient records which are under Exs.P6,P7,P9, P10 and P11 respectively and this Court finds no reason to interfere with the same. 5. The petitioner is aged 28 years and is working as coolie and appropriate multiplier is '17'. Though he stated that he was earning Rs.300/- per day, he has not produced any material to prove that he was earning such income. As per the guidelines issued by the Karnataka State Legal Services Authority as the petitioner met with an accident in the year 2013, his notional income has to - 6 - HC-KAR NC: 2025:KHC:36128 MFA No. 6734 of 2019 C/W MFA No. 8616 of 2018 be taken as Rs.8,000/- p.m. Accordingly, the loss of future income has to be quantified as follows: 8,000x12x17x16/100 = Rs.2,61,120/- 6. Further, the petitioner is working as coolie and due to injuries suffered by him, he has undergone surgery and was inpatient for a period of 21 days. Considering the avocation of the petitioner and injuries sustained by him, the period of treatment to be considered for a period of four months. Thus, he is entitled for Rs.32,000/- (8,000x4) as compensation under the head 'loss of income during treatment period'. The amount granted under the head 'pain and suffering' and so also under the head 'loss of happiness and amenities' holds good and needs no interference by this Court. The amount spent for medical, conveyance, nutrition and attendant charges is enhanced to Rs.30,000/- and in view of injuries sustained by the petitioner, this Court finds it reasonable to grant Rs.10,000/- under the head 'Medical expenses'. Lastly, the counsel for petitioner contended that as per evidence - 7 - HC-KAR NC: 2025:KHC:36128 MFA No. 6734 of 2019 C/W MFA No. 8616 of 2018 of PW.2, future medical expenses is required at Rs.1,00,000/- but the Tribunal erred in granting Rs.30,000/- under the said head since there is no such record produced before the Court below. As such, this Court finds no reason to interfere with the same. 7. Hence, the total compensation comes to: 8. Further, learned counsel for insurance company contended that the petitioner has no driving licence at the time of accident. Considering the fact that the petitioner was aged 28 years at the time of accident, respondent- insurance company is directed to pay Rs.4,13,120/- along Sl. No. Heads Amount in Rs. 1 Loss of future income 2,61,120/- 2 Pain and Suffering 30,000/- 3 Loss of income during treatment 32,000/- 4 Medical, conveyance, nutrition and attendant charges 30,000/- 5 Loss of future happiness and amenities 20,000/- 6 Medical expenses 10,000/- 7 Future medical expenses 30,000/- TOTAL 4,13,120/- - 8 - HC-KAR NC: 2025:KHC:36128 MFA No. 6734 of 2019 C/W MFA No. 8616 of 2018 with interest at 6% p.a. from the date of petition till realization and then recover the same from the owner of the vehicle. 9. In the result, the following order is passed: ORDER i. MFA No.6734/2019 is allowed. ii. MFA No.8616/2018 is allowed in part. iii. The judgment and award dated 17.07.2018 passed in MVC No.55/2013 on the file of the Court of II Addl. Senior Civil Judge & Motor Accident Claims Tribunal, Chickballapur, is hereby modified; iv. The petitioner is entitled to a sum of Rs.4,13,120/- along with interest at 6% p.a., within 1 month from the date of deposit, instead of Rs.3,03,840/- granted by the tribunal. Further, the petitioner is not entitled for interest for the delay period of 304 days. v. Respondent No.1 is directed to deposit Rs.4,13,120/- with interest at the rate of - 9 - HC-KAR NC: 2025:KHC:36128 MFA No. 6734 of 2019 C/W MFA No. 8616 of 2018 6% interest p.a., within one month from the date of this order and then recover the same from the owner of the vehicle. vi. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 21