- 1 - HC-KAR NC: 2025:KHC:35628 MFA No. 5748 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5748 OF 2013 (MV) BETWEEN: SHRI LAKSHMINARAYANA SHETTY, S/O KALAPPA SHETTY, AGED ABOUT 52 YEARS, FOREST CONTRACTOR & KIRANI MERCHANT, R/O TALAGUPPA, SAGAR TALUK. PIN-577 430. …APPELLANT (BY SRI. B N SHETTY., ADVOCATE) AND: 1. SHRI MANJAPPA G H, S/O HUCHAPPA MADIVALA, AGED ABOUT 32 YEARS, R/O MANMANE VILLAGE, SIDDAPURA TALUK, N.K.DISTRICT PIN-576 229. 2. MANOHARA, S/O BABU SHETTY, AGED ABOUT 32 YEARS, R/O KODE, MASJID ROAD, SAGAR TALUK, SHIMOGA DISTRICT-577 401. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., GOVINDAKRUPA BUILDING, J.C.ROAD, SAGAR-577 401. …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:35628 MFA No. 5748 of 2013 (BY SRI. RAVISH BENNI., ADVOCATE FOR R3, R1 AND R2 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:5.3.2013 PASSED IN MVC NO.765/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, SAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT 1. Heard the arguments of both sides. 2. The Presiding Officer, Fast Track Court, Sagar, passed a common judgment and award dated 03.05.2013 in MVC No.764 of 2009 and 765 of 2009. This appeal is filed against the said judgment and award passed in MVC No.765 of 2009. 3. The claimant - K. Lakshminarayana Shetty met with an accident on 07.03.2008 and he suffered fracture of limbs, injury to the pelvic and left femur, fracture of left limbs, suffered dislocation of the left hip, fracture of acetabulum and fracture of Acetabulam and fracture of the pubic rami and fracture of 3, 4, 5 and 6 right ribs. Exhibit P.27 is the wound certificate which shows all the injuries are grievous in nature. - 3 - HC-KAR NC: 2025:KHC:35628 MFA No. 5748 of 2013 The claimant was treated with tractions. He was inpatient for 22 days. It is stated that claimant was doing business and filed Exhibits P.13 to P.15-statement of Ashirvad Traders for three years and also IT returns under Exhibits P.16 to P.18 and Exhibits P.20 and P.24-statements of income. 4. P.W.2 has stated the disability as 15% and one third of the same can be taken as 5%. But, the Tribunal observed that as he is a business man, there is no loss of future income and he continued the business. In view of injuries, he could not do business actively as earlier. Therefore, considering the nature of the disability assessed by P.W.2, this Court finds it reasonable to take the disability as 5% as stated by P.W.2. 5. Learned counsel for respondent No. 3 contended that as the claimant met with the accident in the year 2008, the income tax returns of the said year is not filed and therefore, the notional income is to be considered. The claimant met with the accident, the personal income of the petitioner was not shown in specific. The learned counsel for the appellant- claimant stated that the Tribunal considering his age and occupation, has taken the income as Rs.10,000/- per month - 4 - HC-KAR NC: 2025:KHC:35628 MFA No. 5748 of 2013 and this Court finds no reason to interfere with the said order. As he was aged 49 years, the multiplier is to be taken as 13. Therefore, loss of future income comes to Rs.78,000/- (10,000 x 12 x 13 x 5%). 6. The Tribunal has granted Rs.24,000/- for medical bills, which needs no interference. The vehicle bills for Rs.39,000/- have been produced and hence, the said amount is granted for transport charges. Considering the nature of injuries and period of hospitalisation, this Court finds it reasonable to grant an amount of Rs.25,000/- for pain and suffering, Rs.25,000/- for loss of amenities, Rs.10,000/- for extra nourishment and Rs.10,000/- for attendant charges. Rs.30,000/- granted by the Tribunal towards loss of earnings for 3 months, holds good. 7. Though future surgical expenses was stated as Rs.1,25,000/-, it was not considered by the Tribunal on the ground that the accident was of the year 2008 and for 5 years, the claimant did not undergo any surgery for replacement of the hip. The compensation towards future medical expenses cannot be granted and the award of tribunal on that aspect stands good. - 5 - HC-KAR NC: 2025:KHC:35628 MFA No. 5748 of 2013 8. Therefore, in all, the total compensation comes to Rs.2,41,000/- with interest at 6% per annum as against the compensation of Rs.1,54,000/- from the date of petition till the date of realisation. 9. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 78,000/- 2. Medical expenses 24,000/- 3. Transport and conveyance 39,000/- 2. Pain and suffering 25,000/- 3. Loss of amenities 25,000/- 4. Extra nourishment 10,000/- 5. Attendant charges 10,000/- 6. Loss of earnings for 3 months 30,000/- Total 2,41,000/- 10. In the result, the following order is passed: (i) Appeal is allowed in part. - 6 - HC-KAR NC: 2025:KHC:35628 MFA No. 5748 of 2013 (ii) The claimant is entitled for the total compensation of Rs.2,41,000/- with interest at 6% per annum from the date of petition till the date of realisation. (iii) Respondent No.3 is directed to deposit the aforesaid compensation amount within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 38