- 1 - NC: 2025:KHC-D:4188-DB MFA No. 100330 of 2023 C/W MFA No. 100331 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.100330 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.100331 OF 2023(MV-I) IN M.F.A. NO.100330 OF 2023: BETWEEN: RAJESH IRA GOWDA S/O IRA GOWDA, AGE. 42 YEARS, OCC. COOLIE, R/O BADAGI VILLAGE, BANDAL, SIRASI TALUK, UTTARA KANNADA DISTRICT-581315. …APPELLANT (BY SRI. K. RAGHAVENDRA RAO K., AND SMT. V. VIDYA IYER, ADVOCATES) AND: 1. CHANDRAPPA N. S/O. NINGAPPA, R/O. KURVINAKATTE CIRCLE, KABEERANANDA NAGAR (AGALERI), CHITRADURGA-577501. (OWNER OF TOYOTA CAR NO.KA-16-C-7216). 2. THE BRANCH MANAGER, THE CHOLAMANDALAM, MS GENERAL INSURANCE CO. LTD., 1ST FLOOR, V.A.KALBURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, TRAFFIC ISLAND, HUBLI TALUK, DHARWAD DISTRICT-580029. …RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4188-DB MFA No. 100330 of 2023 C/W MFA No. 100331 of 2023 JUDGMENT AND AWARD DATED 27.01.2020 PASSED IN MVC NO.511/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, SIRSI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN M.F.A. NO.100331 OF 2023 BETWEEN: GAYATRI RAJESH GOWDA D/O. RAJESH IRA GOWDA, AGED ABOUT 19 YEARS, R/O. BADAGI VILLAGE, BANDAL, SIRSI TALUK, UTTARA KANNADA DISTRICT-581315. …APPELLANT (BY SRI K. RAGHAVENDRA RAO K., AND SMT. V. VIDYA IYER, ADVOCATES) AND: 1. CHANDRAPPA N S/O. NINGAPPA, R/O KURUVINAKATTE CIRCLE, KABEERANANDA NAGAR (AGALERI) CHITRADURGA-577501. (OWNER OF TOYOTA CAR NO.KA-16-C-7216) 2. THR BRANCH MANAGER, THE CHOLAMANDALAM, MS GENERAL INSURANCE CO. LTD., 1ST FLOOR, V.A.KALBURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, TRAFFIC ISLAND, HUBLI TALUK, DHARWAD DISTRICT-580029. …RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 27.01.2020 PASSED IN MVC NO.516/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, SIRSI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:4188-DB MFA No. 100330 of 2023 C/W MFA No. 100331 of 2023 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Since these appeals are listed for admission, with the consent of learned counsel for the parties, they are taken up for final disposal. 2. The claimants-injured are before this Court praying for enhancement of compensation, not being satisfied with the quantum of compensation awarded under judgment and award dated 27.01.2020 passed in MVC Nos.511/2018 and 516/2018 on the file of learned Senior Civil Judge & Member, Addl. MACT, Sirsi1. 3. Brief facts of the case leading to filing of these appeals are that, on 14.05.2018, both the claimants-injured were proceeding on motorcycle bearing registration No.KA-31- H-1513 towards Hanumanti village from Badagi village. When they reached Bandal village, Kumta-Sirsi road, at that time, one Toyota Car bearing registration No.KA-16-C-7216 came in a rash and negligent manner and dashed to the motorcycle, 1 ‘Tribunal’ for short - 4 - NC: 2025:KHC-D:4188-DB MFA No. 100330 of 2023 C/W MFA No. 100331 of 2023 causing grievous injuries to both the claimants. It is stated that the claimant in MVC No.511/2018 was aged about 40 years at the time of accident and was doing coolie work, earning Rs.12,000/- per month. It is further stated that the claimant in MVC No.516/2018 was aged about 15 years at the time of the accident and she was studying in 10th Standard. 4. The claimants examined four witnesses as PW1 to PW4, apart from marking the documents as Ex.P1 to P33. The respondents did not examine any witness nor marked any documents. The Tribunal considering the material on record awarded total compensation of Rs.6,80,945/- in MVC No.511/2018 and Rs.4,37,340/- in MVC No.516/2018 with interest at the rate of 6% per annum from the date of petitions till realization. 5. Heard the learned counsel Smt. V. Vidya Iyer for the appellants/injured, learned counsel Sri. Nagaraj C Kolloori for the respondent/insurance company and perused the appeal papers including original records. 6. Learned counsel Smt. Vidya Iyer for the appellants/injured would submit that the notional income of the - 5 - NC: 2025:KHC-D:4188-DB MFA No. 100330 of 2023 C/W MFA No. 100331 of 2023 injured-Rajesh Gowda assessed by the Tribunal at Rs.9,000/- per month is on the lower side, inasmuch as he was doing coolie work and earning Rs.12,000/- per month. She further submits that the award of compensation by the Tribunal under other heads is on the lower side and seeks to enhance the same. 7. Learned counsel Smt. Vidya Iyer further submits that the income of the minor injured-Gayatri assessed by the Tribunal at Rs.6,000/- is on the lower side, which requires to be enhanced appropriately taking note of the age of the injured i.e. 15 years at the time of the accident. She further submits that disability assessed by the Tribunal at 19% is on lower side, since PW3-doctor has deposed that the claimant has suffered functional disability to an extent of 57%. It is further submitted that the award of compensation by the Tribunal on the other heads is also on the lower side and seeks to enhance the same. It is the submission of learned counsel for the appellant that due to the accidental injuries, she has lost marriage prospects in her life, therefore, she prays for awarding compensation on the head of loss of marriage - 6 - NC: 2025:KHC-D:4188-DB MFA No. 100330 of 2023 C/W MFA No. 100331 of 2023 prospects. Thus, she prays for allowing the appeals filed by the appellants/injured. 8. Per contra, learned counsel Sri. Nagaraj C Kolloori for the respondent/Insurance company supporting the impugned judgment and award of the Tribunal contends that the Tribunal considering oral and documentary evidence on record awarded just and reasonable compensation under various heads in respect of both the claimants, which does not call for interference at the hands of this Court. Thus, he prays for dismissal of the appeals. 9. Having heard the learned counsel for the parties and on perusal of the appeal papers including original records, the only point that falls for consideration in these appeals is, Whether in the facts and circumstances of the case, the claimants-injured in both appeals would be entitled for enhanced compensation? Answer to the above point would be in the ‘affirmative’ for the following reasons: 10. The factum of the accident resulting in injuries to both the claimants-injured, who are father and daughter, is not - 7 - NC: 2025:KHC-D:4188-DB MFA No. 100330 of 2023 C/W MFA No. 100331 of 2023 in dispute in these appeals. Both the claimants-injured are before this Court praying for enhancement of compensation. Admittedly, the insurance company has not filed any appeal and it has satisfied the award of the Tribunal. 11. In MFA No.100330/2023 (MVC No.511/2018), the claimant-Rajesh Gowada examined as PW1 and doctor examined as PW2. In terms of Ex.P10 & P11-Discharge Summaries, the claimant has suffered following injuries: a) Open GA type 3b right distal third tibia shaft comminuted fracture with soft tissue loss; b) Tibialis anterior and extensor hallucis longus tendon injury; and c) Lacerated wound on the left leg. 12. The claimant was an inpatient in the hospital for about 63 days on different occasions. PW2-doctor has deposed in his chief-examination that considering all clinical and radiological findings, he was of the opinion that the claimant has got permanent physical disability to an extent of 66% to the right lower limb. The Tribunal, taking note of injuries sustained by the claimant and the evidence of PW2-doctor both oral and documentary, has rightly assessed whole body disability at 22%, which needs no interference. - 8 - NC: 2025:KHC-D:4188-DB MFA No. 100330 of 2023 C/W MFA No. 100331 of 2023 13. It is stated that the claimant was doing coolie work and earning Rs.12,000/- per month. The notional income assessed by the Tribunal at Rs.9,000/- per month is on the lower side. The claimant has not produced any cogent or acceptable material to establish that he was earning a sum of Rs.12,000/- per month. In the absence of any material on record to establish exact income of the appellant/claimant, this Court and Lok Adalath while settling the accidental claims of the year 2018, normally would assess notional income at Rs.11,750/- per month, taking note of the chart prepared by KSLSA based on various factors including the minimum wage fixed. In the instant case also, in the absence of any material evidence to establish the income of the injured, we are of the opinion that it would be just and appropriate for us to determine the income of the injured at Rs.11,750/- p.m. taking note of the income chart prepared by KSLSA including the minimum wage fixed. There is no dispute with regard to age of the injured i.e. 40 years and appropriate multiplier of 15. Thus, the claimant would be entitled to modified compensation under the head of loss of future earning due to disability as under: - 9 - NC: 2025:KHC-D:4188-DB MFA No. 100330 of 2023 C/W MFA No. 100331 of 2023 Rs.11,750 x 12 x 15 x 22% = Rs.4,65,300/- 14. Taking note of the nature of injuries suffered by the claimant, evidence of PW2-doctor and duration of treatment taken by the claimant, the Tribunal has awarded just and reasonable compensation on the other heads, which requires no interference. 15. Thus, the claimant-Rajesh Gowda is entitled to modified compensation under the head of loss of future income due to disability at Rs.4,65,300/- as against Rs.3,56,400/- awarded by the Tribunal. Accordingly, the claimant is entitled to enhanced compensation of Rs.1,08,900/- (Rs.4,65,300- 3,56,400), which shall carry interest at the rate of 6% per annum from the date of petition till realization. 16. In MFA No.100331/2023 (MVC No.516/2018), the minor claimant-Gayatri was aged about 15 years at the time of accident. In terms of Ex.P21-Wound Certificate, Ex.P22 & P23-Discharge Summaries, the claimant-Gayatri has suffered following injuries: a) Open GA type 3b both bone mid shaft fracture of right leg (A0 42-B2) with lacerated wound over right heel. - 10 - NC: 2025:KHC-D:4188-DB MFA No. 100330 of 2023 C/W MFA No. 100331 of 2023 b) Right tibia infected non-uniting middle third tibia shaft fracture with IM nail. c) Debridment and split skin grafting over right leg. 17. The claimant also underwent implant removal + reaming + sequestrectomy. On clinical and radiological examination, PW3-doctor has opined that the fracture has not united and thus, the claimant has got permanent physical disability to an extent of 57% to right lower limb. Taking note of evidence of PW3 coupled with Ex.P21-Wound Certificate, P22 & P23-Discharge Summaries, the Tribunal assessed the disability of the injured at 22% to the whole body, which in our view is just and proper, does not call for interference. 18. At the time of the accident, the claimant-Gayatri was a student studying in 10th Standard. The Tribunal taking note of the age of the injured as well as year of the accident, assessed notional income at Rs.6,000/- per month, which is just and proper, requires no interference. Taking note of nature of the injuries suffered by the claimant, duration of treatment taken by her and also medical evidence on record, the Tribunal awarded total compensation of Rs.4,37,340/- - 11 - NC: 2025:KHC-D:4188-DB MFA No. 100330 of 2023 C/W MFA No. 100331 of 2023 under various heads, which according to us is just and reasonable and same is undisturbed. 19. However, the Tribunal has not awarded any compensation under the head of loss of marriage prospects. It is to be noted here that due to the accidental injuries, the injured-Gayatri underwent wound debridment with closed reduction and internal fixation with 10x36 nebula intramedullary nailing. She also complained of pain and restricted movement of right knee and ankle, which gradually made her to limping movement. The result of injuries has made her life difficult, because of deformity of her right leg. The claimant is unable to sit, walk and stand properly. It is pertinent to point out herein that the appellant as a consequence of her grievous injuries will not be able to work or enjoy her future life in the same manner as she used to prior to the accident. It is also to be noted that the appellant would not be able to marry as a consequence of the accident and is forced to live with the pain and suffering throughout her life, as she cannot fulfill her desired goals because of the injuries suffered. Because of the said injuries, the normal expectation of life of the claimant is impaired. She has also lost her ability to lead a - 12 - NC: 2025:KHC-D:4188-DB MFA No. 100330 of 2023 C/W MFA No. 100331 of 2023 normal life and enjoy amenities. No amount of money or other material compensation can erase the trauma, pain and suffering that a victim undergoes after a serious accident. Keeping in mind all these factors, we deem it appropriate to award a sum of Rs.2,50,000/- towards loss of marriage prospects, which would meet the ends of justice. 20. Thus, the claimant-Gayatri is entitled to enhanced compensation of Rs.2,50,000/-, which carries interest at the rate of 6% per annum from the date of petition till realization. 21. In the result, we proceed to pass the following: ORDER a) Both appeals are allowed in part. b) The impugned common judgment and award of the Tribunal is modified to an extent that the appellant/claimant in MFA No.100330/2023 is entitled to enhanced compensation of Rs.1,08,900/- and the claimant in MFA No.100331/2023 is entitled to enhanced compensation of Rs.2,50,000/-. c) The enhanced compensation amount in both the appeals shall carry interest at the rate of - 13 - NC: 2025:KHC-D:4188-DB MFA No. 100330 of 2023 C/W MFA No. 100331 of 2023 6% per annum from the date of petitions till realization. d) Respondent/Insurance Company shall deposit the enhanced compensation amount in both appeals with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. e) On such deposit, the same shall be released in favour of the respective claimants on proper identification. f) Registry to transmit the TCR to the Tribunal forthwith. g) Draw modified award accordingly. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 21