- 1 - HC-KAR NC: 2025:KHC-D:7814 MFA No. 102805 of 2014 C/W MFA.CROB No. 100071 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 102805 OF 2014 (MV-I) C/W MFA CROSS OBJ NO. 100071 OF 2016 IN MFA NO. 102805 OF 2014: BETWEEN: THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., ENKAY COMPLEX, KESHWAR, HUBLI, REP. BY ITS DIVISIONAL MANAGER. … APPELLANT (BY SRI. SHARNAPPA S. KOLIWAD, ADVOCATE) AND: 1. MANJUNATH S/O BASAVARAJAPPA, AGE: 24 YEARS, OCC: FIELD ASSISTANT, EI DUPAN INDIA (P) LTD., R/O: GUMMANUR, POST: GUDAHAL, TQ: DIST: DAVANAGERI, NOW AT RANEBENNUR. 2. PARAMESHWARAPPA K.C. S/O CHANNAPPA K., AGE: MAJOR, OCC: BUSINESS, R/O: SAMANAVALLI, TQ: SORABA DIST: SHIMOGA (OWNER OF AUTO RIKSHAW BEARING NO.KA-15/5334). … RESPONDENTS (BY SRI. SHIVASAI M. PATIL, ADVOCATE FOR R2; R1-SERVED) THIS MFA IS FILED U/SEC.173(1) OF MV ACT 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED: 30.10.2013 Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7814 MFA No. 102805 of 2014 C/W MFA.CROB No. 100071 of 2016 PASSED IN MVC NO.143/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, RANEBENNUR. IN MFA CROB. NO. 100071 OF 2016: BETWEEN: MANJUNATH S/O BASAVARAJAPPA, AGE: 26 YEARS, OCC: PRIVATE EMPLOYEE, R/O: GUMMANUR, POST: GUDAHAL, TQ: AND DIST: DAVANAGERE, NOW RANEBENNUR. … CROSS OBJECTOR (BY SRI. G.S. HULMANI, ADVOCATE) AND: 1. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., ENKAY COMPLEX, KESHWAPUR, HUBBALLI. 2. PARAMESHWARAPPA K.C. S/O CHANNAPPA K., AGE: MAJOR, OCC: BUSINESS, R/O: SAMANAVALLI, TQ: SORABA DIST: SHIMOGA. … RESPONDENTS (BY SRI. SHARNAPPA S. KOLIWAD, ADVOCATE FOR R1; SRI. S.M. PATIL, ADVOCATE FOR R2) THIS MFA CROB. IS FILED U/SEC.173(1) OF MV ACT 1988, PRAYING TO ENHANCE THE JUDGMENT AND AWARD DATED: 30.10.2013 PASSED IN M.V.C. NO.143/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, RANEBENNUR. THIS APPEAL AND CROSS OBJECTION, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7814 MFA No. 102805 of 2014 C/W MFA.CROB No. 100071 of 2016 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the appeal and cross objection are listed for admission, but with consent of both the learned counsel appearing for the parties, the matters are taken up for final disposal. 2. MFA No.102805/2014 is filed by the Insurance Company challenging the judgment and award dated 30.10.2013 passed in MVC No.143/2012 on the file of Principal Senior Civil Judge and MACT Ranebennur1, questioning the liability fastened on it to pay the compensation. Whereas, MFA Crbo.No.100071/2016 is filed by the claimant seeking enhancement of compensation awarded by the Tribunal. 3. Heard the arguments of learned counsels appearing for both the sides and perused the material placed before the Court. 1 hereinafter referred to as ‘the Tribunal’ for short - 4 - HC-KAR NC: 2025:KHC-D:7814 MFA No. 102805 of 2014 C/W MFA.CROB No. 100071 of 2016 4. For the purpose of convenience and easy reference, ranking of the parties is referred to as per their status before the tribunal. 5. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 6. In the present case the offending vehicle is a passenger auto rickshaw and the driver of the auto rickshaw was having driving licence to drive LMV (non transport) vehicle. The challenge by the appellant/insurance company is that the driver did not have the driving licence to drive LMV (transport) vehicle. The issue is squarely covered by the decision of the Hon’ble Supreme Court in the case of Mukund Dewangan vs. Oriental Insurance Company Limited2. Therefore, the appeal filed by the Insurance Company is liable to be dismissed. 2 (2017) 14 SCC 663 - 5 - HC-KAR NC: 2025:KHC-D:7814 MFA No. 102805 of 2014 C/W MFA.CROB No. 100071 of 2016 7. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries. i. “Compound fracture of right tibia. ii. Fracture of lateral condyle of right femur.” 8. The Tribunal has awarded compensation under various heads as under: 1. Towards injury, pain and agony. Rs.30,000/- 2. Towards medical expenses. Rs.65,000/- 3. Towards attendant charges food and nutritious and traveling expenses etc., Rs.10,000/- 4. Towards loss of income during laid up period. Rs.10,000/- 5. Towards loss of income due to permanent disability. Rs.1,16,640/- 6. Towards loss of future amenities and physical discomfort. Rs.15,000/- Total: 2,46,640/- 9. Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. - 6 - HC-KAR NC: 2025:KHC-D:7814 MFA No. 102805 of 2014 C/W MFA.CROB No. 100071 of 2016 10. Considering the injuries sustained, a compensation of Rs.50,000/- towards pain and suffering, Rs.35,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.65,000/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.20,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.30,000/- towards loss of income during laid up period for a period of 5 months, is awarded. Further, Rs.15,000/- is awarded towards future medical expenses. 11. The doctor has stated that the claimant had suffered 45% of physical disability to the whole body, but the Tribunal has taken only 12% as physical disability to the whole body, which is on lower side. Therefore, considering the evidence of the doctor, 18% functional disability is taken into consideration as the claimant had suffered Compound fracture of right tibia and fracture of lateral condyle of right femur. - 7 - HC-KAR NC: 2025:KHC-D:7814 MFA No. 102805 of 2014 C/W MFA.CROB No. 100071 of 2016 12. The accident is caused in the year 2011. Therefore, notional income of Rs.6,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 22 years at the time of accident. Therefore, appropriate applicable multiplier is 18. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.2,33,280/- (Rs.6,000 x 18% x 12 x 18). 13. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount 1. Towards injuries, pain and suffering. Rs.50,000/- 2. Towards medical expenses. Rs.65,000/- 3. Towards loss of amenities. Rs.35,000/- 4. Towards loss of income during laid up period and medical treatment period. Rs.30,000/- 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. Rs.20,000/- 6. Towards future income due to disability. Rs.2,33,280/- 7. Towards future medical expenses. Rs.15,000/- Total: Rs.4,48,280/- - 8 - HC-KAR NC: 2025:KHC-D:7814 MFA No. 102805 of 2014 C/W MFA.CROB No. 100071 of 2016 14. Therefore, the claimant is entitled for total compensation of Rs.4,48,280/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,33,280/- 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.102805/2014 filed by the Insurance Company is dismissed. ii. MFA Crob.No.100071/2016 filed by the claimant is allowed-in-part. iii. The judgment and award dated 30.10.2013 passed in MVC No.143/2012 on the file Principal Senior Civil Judge and MACT Ranebennur, stands modified. iv. The claimant is entitled for total compensation of Rs.4,48,280/- along with interest at the rate of 6% p.a. from the date of petition till its realization. - 9 - HC-KAR NC: 2025:KHC-D:7814 MFA No. 102805 of 2014 C/W MFA.CROB No. 100071 of 2016 v. The claimant is not entitled for interest for the delayed period of 399 days in filing the cross objection. vi. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. vii. No order as to costs. viii. Draw award accordingly. ix. The amount in deposit, if any, shall be transmitted to the concerned Tribunal for disbursement. In view of disposal of the appeal and cross objection, pending IAs’, if any, shall stand disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 29