- 1 - NC: 2025:KHC-D:3937 MFA No. 101787 of 2015 C/W MFA No. 101539 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101787 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.101539 OF 2015 IN M.F.A. NO.101787 OF 2015 BETWEEN: THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP. P.B. ROAD, HUBBALLI. NOW REPTD., BY ITS DEPUTY MANAGER, REGIONAL OFFICE, II FLOOR, ARIHANT PLAZA, KUSUGAL ROAD, KESHWAPUR, HUBBALLI-580 023. …APPELLANT (BY SRI S.K. KAYAKAMATH, ADVOCATE) AND: 1. SRI SUBRAMANI S/O. PEERAYASWAMI, AGE: 47 YEARS, OCC: GOUNDI WORK, R/O: 1ST CROSS, 100 FEET ROAD, KELAGINA TUNGANAGAR, SHIMOGA, TQ: AND DIST: SHIMOGA, NOW AT MARUTI NAGAR, RANEBENNUR, TQ/DIST: HAVERI. 2. M. MURUGESH S/O. MARUTHI V., AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.135, MILAGHATTA, THUNGANAGAR, SHIMOGA, TQ: AND DIST: SHIMOGA. (OWNER OF THE MOTOR CYCLE BEARING REGISTRATION NO.KA-14/EE-0742) …RESPONDENTS (BY SRI G.N. NARASAMMANAVAR, ADVOCATE FOR R1; SRI S.K. KAYAKAMATH, ADVOCATE FOR R2) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3937 MFA No. 101787 of 2015 C/W MFA No. 101539 of 2015 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT & AWARD DATED 06.04.2015, PASSED IN MVC.NO.633/2013, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR AND ETC., IN M.F.A. NO.101539 OF 2015 BETWEEN: SUBRAMANI S/O. PEERAYASWAMI, AGE: 47 YEARS, OCC: GOUNDI WORK, R/O: 1ST CROSS, 100 FT ROAD, KALAGINA TUNGA NAGAR, SHIMOGA TQ: AND DIST: SHIMOGA, NOW AT MARUTI NAGAR, RANEBENNUR, TQ: AND DIST: HAVERI. …APPELLANT (BY SRI G.N. NARASAMMANAVAR, ADVOCATE) AND: 1. M. MURUGESH S/O. MURTHI V., AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.135, MILLAGHATTA, THUNGANAGAR, SHIMOGA, TQ/DIST: SHIMOGA (OWNER OF THE MOTOR CYCLE BEARING NO.KA-14/EE-0742) 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP. P.B. ROAD, HUBBALLI, DIST: DHARWAD. …RESPONDENTS (BY SRI S.K. KAYAKAMATH, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION AWARDED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR IN MVC.NO.633/2013 DATED 06.04.2015, BY MODIFYING THE IMPUGNED JUDGMENT AND AWARD AND ALLOW THIS APPEAL WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-D:3937 MFA No. 101787 of 2015 C/W MFA No. 101539 of 2015 THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:’ ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) MFA No.101787/2015 is filed by the Insurance Company on the ground that it is the case of ‘self fall’, but not a road traffic accident. Whereas, MFA No.101539/2015 is filed by the claimant seeking enhancement of compensation, by challenging the judgment and award dated 06.04.2015, passed in MVC No.633/2013, by the Court of Additional Senior Civil Judge & MACT, Ranebennur (for short, ‘Tribunal’). 2. The brief facts leading to filing of these appeals are that on 23.05.2013 at about 9.30 p.m., the claimant was walking from Melina Tunganagar towards Kelagina Tunga nagar after completion of his work. At that time, a motorcycle bearing registration No.KA-14/EE-0742 came in a rash and negligent manner, without observing the traffic rules and regulations and hit to the claimant from hind side and caused the accident. Due to which, the claimant sustained grievous injuries and filed the claim petition seeking compensation. - 4 - NC: 2025:KHC-D:3937 MFA No. 101787 of 2015 C/W MFA No. 101539 of 2015 3. Heard the arguments and perused the material placed before the Court. 4. The learned counsel for the appellant/Insurance Company submitted that on 23.05.2013, when the claimant was admitted to hospital, there was mentioning in hospital record as ‘self fall’. Therefore, based on Ex.R1, Ex.R2 and Ex.R3, the learned counsel for the appellant/Insurance Company has argued that it is the case of ‘self fall’, but not a road traffic accident, whereas the Tribunal has erroneously mentioned that the motorcycle bearing registration No.KA- 14/EE-0742 came in a rash and negligent manner without observing the traffic rules and regulations and hit to the claimant from hind side and caused the accident. He further submits that there is a delay of one day in lodging complaint. Hence, on these grounds, argued that claimant had sustained injuries due to ‘self fall’, but not by involvement of motorcycle bearing registration No.KA-14/EE-0742. Thus, prayed to allow the appeal. 5. On the other hand, the learned counsel for the appellant/claimant submitted that claimant was dashed by the - 5 - NC: 2025:KHC-D:3937 MFA No. 101787 of 2015 C/W MFA No. 101539 of 2015 motorcycle bearing registration No.KA-14/EE-0742, as it is revealed from the very same hospital records, in which, it is mentioned alleged history as ‘RTA at Kelagina Tunga nagar IP number and x-ray shows comunited intertrochantric fracture of right femur’. Therefore, it is averred that the incident is a road traffic accident, but not a ‘self fall’. Hence, the Tribunal is correct in holding the same. Therefore, prays to dismiss the appeal filed by the Insurance Company and prays for enhancement of compensation. 6. Upon considering the evidence on record the accident occurred on 23.5.2013. Ex.P1 and Ex.P2 are FIR and Complaint. That the complaint is lodged on 24.05.2013 at 6.45 p.m. Considering the facts and circumstances involved in the case, it cannot be said that there is a delay in lodging complaint before the police. Quite naturally, when accident was occurred and claimant was admitted to hospital for medical treatment to the injuries sustained by him in a road traffic accident, which caused the delay in lodging complaint before the Police. Therefore, it cannot be said that there is a delay in lodging complaint. - 6 - NC: 2025:KHC-D:3937 MFA No. 101787 of 2015 C/W MFA No. 101539 of 2015 7. Further, it is argued that wife and son of claimant did signature on case summary and in case summary as well as in OPD sheet it is mentioned alleged history as ‘self fall’. But upon considering the medical records, the very same case sheet is part of Ex.R3, in which, it is mentioned on record alleged history as ‘(self fall) RTA’ at around 9.30 p.m., in ‘Tunga nagara, Shimoga Town’. Further, MLC in Ex.R1, it is mentioned alleged history as ‘RTA’ on 23.05.2013 at around 9.30 p.m. Ex.R2 is police intimation and also when hospital has already intimated to the police and in the said medical intimation it is stated that patient was admitted to hospital by mentioning alleged history as ‘RTA’ at around 9.30 p.m., on 23.05.2013. When the case is considered on both police records and medical records, on all its preponderance of probabilities, it is proved that it is a case of road traffic accident as the claimant was hit by the motorcycle bearing registration No.KA-14/EE-0742 from hind side and caused the accident. Therefore, there is no merit found in the contention of the learned counsel for the appellant/Insurance Company. Hence, the appeal filed by the Insurance Company is liable to be dismissed. - 7 - NC: 2025:KHC-D:3937 MFA No. 101787 of 2015 C/W MFA No. 101539 of 2015 8. The Tribunal, by accepting the case of claimant, has awarded compensation under the following heads: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and suffering. 30,000/- 2. Towards medical expenses. 2,000/- 3. Towards loss of amenities. 4. Towards conveyance, diet, extra nourishment charges food and attendant charges. 4,000/- 5. Towards loss of income during laid up period. 8,000/- 6. Towards loss of future earning capacity on account of permanent physical disability. 68,040/- 7. Towards loss of amenities and enjoyment of life. 5,000/- Total: 1,17,040/- 9. Considering the nature of injuries sustained i.e., pain and tenderness over right hip and right leg and painful and restricted movements right hip, the compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 10. Considering the injuries sustained, a compensation of Rs.30,000/- towards pain and suffering awarded by the Tribunal is kept intact, Rs.20,000/- towards loss of amenities are awarded. Further, Rs.4,000/- towards incidental expenses like food, nourishment, diet, attendant charges and conveyance - 8 - NC: 2025:KHC-D:3937 MFA No. 101787 of 2015 C/W MFA No. 101539 of 2015 charges etc., awarded by the Tribunal is kept intact. Further, Rs.14,000/- (Rs.7,000 x 2) towards loss of income during laid up period for a period of two months, is awarded. 11. In the absence of disability certificate that is towards percentage of physical disability of claimant to the whole body, the Tribunal has taken 9% as permanent physical disability to the whole body, which is on lower side. Therefore, considering the injuries sustained by the claimant and medical records of claimant, this Court modifies the percentage of disability to the whole body as 15%. 12. The accident is caused in the year 2013. Therefore, notional income of Rs.7,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 45 years at the time of accident. Therefore appropriate applicable multiplier is 14. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,76,400/- (Rs.7,000 x 15% x 12 x 14). 13. Thus, the claimant is entitled for total compensation under various heads as under: - 9 - NC: 2025:KHC-D:3937 MFA No. 101787 of 2015 C/W MFA No. 101539 of 2015 Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. 30,000 2. Towards medical expenses. 5,000 3. Towards loss of amenities. 20,000 4. Towards loss of income during laid up period and medical treatment period. 14,000 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 4,000 6. Towards loss of future earning capacity. 1,76,400 Total: 2,49,400 14. Therefore, the claimant is entitled for total compensation of Rs.2,49,400/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,17,040/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 15. In the result, I proceed to pass the following: ORDER i) MFA No.101787/2015 filed by the Insurance Company is dismissed. ii) MFA No.101539/2015 filed by the claimant is allowed in part. - 10 - NC: 2025:KHC-D:3937 MFA No. 101787 of 2015 C/W MFA No. 101539 of 2015 ii) The judgment and award dated 06.04.2015, passed in MVC No.633/2013, by the Court of Additional Senior Civil Judge & MACT, Ranebennur, stands modified. iii) The claimant is entitled for total compensation of Rs.2,49,400/- along with interest at the rate of 6% p.a. from the date of petition till its realization as against Rs.1,17,040/- awarded by the Tribunal. iv) The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. v) Send back the Trial Court records along with a copy of this judgment. vi) The amount in deposit made by the appellant/Insurance company shall be transmitted to the Tribunal. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 48