- 1 - NC: 2025:KHC-D:6454 MFA No. 103458 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 103458 OF 2017 (MV-I) BETWEEN: SHRI. UMESH S/O GOPAL HARIJAN, AGE: 31 YEARS, OCC: AGRICULTURE COOLIE, R/O: RABAKAVI, TQ: BILAGI, DIST: BAGALKOT-587314. - APPELLANT (BY SRI. SIDDAPPA SAJJAN, ADVOCATE) AND: 1. ABDUL ZABBAR S/O ALLNABHI ATTAR, AGE: 48 YEARS, OCC: BUSINESS, R/O: ZENDE GALLI-587301 TQ: JAMKHANDI, DIST: BAGALKOT. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD, BRANCH OFFICE, KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT-587301. - RESPONDENTS (BY SRI PRASHANT S. KADADEVAR, ADVOCATE FOR R1 SRI. G.N. RAICHUR, ADVOCATE FOR R2) MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 14.03.2017 PASSED IN M.V.C. NO. 536/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VI, JAMKHANDI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench. - 2 - NC: 2025:KHC-D:6454 MFA No. 103458 of 2017 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) This appeal is by the claimant against the judgment and award dated 14.03.2017 passed by the learned Senior Civil Judge & Member, MACT No. VI at Jamkhandi (for short, the ‘Tribunal’) in M.V.C. No. 536/2014. 2. Brief facts of the case are that on 16.05.2014 claimant met with an accident due to rash and negligent driving of the TATA LGV vehicle bearing No. KA-48-2936 as a result of which he sustained fracture; he has spent more than Rs.75,000/- towards medical expenses. He was aged 28 years at the time of accident and earning Rs.9,000/- per month by working as agricultural coolie. Due to injuries sustained in the accident he has been suffering from permanent disability. With these reasons he has prayed to award Rs.7,50,000/-. 3. Respondent No.1 in his written statement denied the case of the petitioner. He further contended that said vehicle was insured with respondent No.2 and in case the - 3 - NC: 2025:KHC-D:6454 MFA No. 103458 of 2017 petition is allowed the respondent No.2 be directed to pay compensation. 4. Respondent No.2 insurer it its written statement denied the contents of the claim petition and further stated that its liability is restricted to terms and conditions of policy of insurance and holding of valid and effective driving licence by the driver of the offending vehicle to drive the said class of vehicle. 5. The Tribunal framed necessary issues and recorded evidence of the parties. Claimant examined two witnesses as PW1 and 2 and marked 11 documents as per Exs.P.1 to P.11. Respondent No.2 examined RW1 and marked three documents as Exs.R.1 to R.3. The Tribunal after hearing both the parties and appreciating the evidence on record, held that accident had taken place due to rash and negligent driving of the offending vehicle by its driver. The Tribunal has assessed income, disability, multiplier; but awarded global compensation of Rs.2 lakhs. Being - 4 - NC: 2025:KHC-D:6454 MFA No. 103458 of 2017 aggrieved by the same, the claimant has preferred this appeal. 6. The fact of accident is undisputed. Therefore there is no need to reconsider the same. The Tribunal mentioned that the claimant had sustained injury, i.e., (1) Grade-III compound fracture of lateral margin of patella and fracture of lateral femoral condoyle with retinacular tear of knee joint with contamination and loss of skin over lower third of thigh right side; (2) Abrasion wound on left elbow and forearm. The x-ray does not indicate insertion of implants. The Tribunal has also noted that claimant had taken treatment as inpatient for 18 days and assessed total medical bills at Rs.41,957/-. 7. The claimant according to the evidence of PW2 is suffering from permanent disability to an extent of 28% to the right lower limb. 1/3rd of the same is to be taken to assess disability to the whole body. Accordingly, it will be around 10%. The claimant has not produced any materials to prove his income as Rs.9,000/- per month. - 5 - NC: 2025:KHC-D:6454 MFA No. 103458 of 2017 Therefore his notional income has to be assessed. As per the notional income chart prepared by the Karnataka State Legal Services Authority, notional income of a victim of accident of the year 2014 is Rs.7,500/-, same could be applied to the facts of the present case. Age of the claimant is 28 years. Therefore the appropriate multiplier is 17. On the basis of said figures compensation under the head loss of future earning capacity due to permanent disability is assessed as Rs.1,53,000/-. 8. Claimant is stated to be an agricultural coolie, sustained fracture of right knee. Therefore it might be difficult for him to do his regular work at least for a period of six months. Considering the same, loss of his earnings during laid up period calculated. The claimant has sustained fracture and it is malunited. Looking to the nature of injury, age and occupation, he has lost some of amenities available to the healthy person which needs to be compensated. - 6 - NC: 2025:KHC-D:6454 MFA No. 103458 of 2017 9. He was admitted as an inpatient for 18 days in the hospital. During said period someone must have attended him and spent for the same. He might be on special diet and for follow up treatment he must have visited hospital. The said expenses have been considered. Accordingly, the following amount of compensation is awarded. 1. Pain and suffering 25,000.00 2. Medical expenses 42,000.00 3. Loss of income during laid up period for six months 45,000.00 4. Attendant charges, special diet and conveyance charges 25,000.00 5. Loss of future income due to permanent disability 1,53,000.00 6. Loss of amenities 25,000.00 Total 3,15,000.00 Award of Tribunal 2,00,000.00 Enhancement 1,15,000.00 The claimant is entitled for interest on the enhanced amount, at the rate of 6% p.a. Accordingly, I proceed to pass the following order. ORDER (i) Appeal is allowed in part; (ii) Judgment and award dated 14.03.2017 passed by the learned Senior Civil Judge & - 7 - NC: 2025:KHC-D:6454 MFA No. 103458 of 2017 Member, MACT No. VI at Jamkhandi in M.V.C. No. 536/2014 is modified. (iii) The claimant is entitled for enhanced compensation of Rs.1,15,000/- with interest at the rate of 6% p.a. from the date of petition till realization, on the enhanced compensation. (iv) The respondent-insurer is directed to deposit the enhanced amount of compensation with up to date interest within eight weeks from the date of award. (v) Remaining portion of the order is not distributed. Send a copy of this judgment to the Tribunal. Sd/- (UMESH M ADIGA) JUDGE bvv /ct-an List No.: 1 Sl No.: 36