- 1 - NC: 2025:KHC-D:770 MFA No. 100633 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.100633 OF 2015 (MV-I) BETWEEN: RAJASAB S/O. IMAMSAB MULLA, AGE: 37 YEARS, OCC: AGRI., R/O: MUDDABALLI, TQ: AND DIST: KOPPAL. …APPELLANT (BY SRI M. AMAREGOUDA, ADVOCATE) AND: MAILARAPPA S/O. NEELAJAPPA HALAVARTI, AGE: 26 YEARS, OCC: AGRI. AND OWNER OF THE TATA ACE CHESSI NO.MAT491000CJCL10204 AND ENGINE NO.S2C8011663, R/O: MUDDABALLI, TQ: AND DIST: KOPPAL. …RESPONDENT (NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT 1988, PLEASED TO MODIFY THE JUDGMENT AND AWARD DATED 03.07.2014 PASSED IN MVC NO.280/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOPPAL AND ENHANCE THE COMPENSATION BY RS.8,73,195/- IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:770 MFA No. 100633 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 03.07.2014, passed by the Senior Civil Judge and Additional MACT, Koppal, in MVC No.280/2013, seeking enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 4. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries. “Fracture of both the bones of right leg, fracture of right patella, fracture of right hand of Fibula, fracture of right ankle and fracture of posterior column acetabulum.” - 3 - NC: 2025:KHC-D:770 MFA No. 100633 of 2015 5. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and sufferings. 10,000/- 2. Medical expenses. 1,31,605/- 3. Loss of future income. 81,000/- 4. Loss of amenities, nutrition, diet and attendant charges. 4,200/- Total: 2,26,805/- 6. Considering the nature of injuries sustained, compensation awarded by the Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 7. Considering the injuries sustained, a compensation of Rs.30,000/- towards pain and suffering, Rs.35,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.1,31,605/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.25,000/- towards incidental expenses like - 4 - NC: 2025:KHC-D:770 MFA No. 100633 of 2015 food, nourishment, diet and attendant charges, etc., Rs.26,000/-(6,500 x 4) towards loss of income during laid up period for a period of four months and Rs.10,000/- towards future medical expenses, is awarded. 8. The doctor has stated that the claimant had suffered 30-40% of physical disability to the whole body. Therefore, considering the evidence of the doctor, 15% functional disability is taken into consideration as the claimant had suffered grievous injuries i.e., fracture of both the bones of right leg, fracture of right patella, fracture of right hand of Fibula, fracture of right ankle and fracture of posterior column acetabulum. 9. The accident is caused in the year 2012. Therefore, notional income of Rs.6,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 38 years old at the time of accident. Therefore appropriate applicable multiplier is 15. Hence, loss of - 5 - NC: 2025:KHC-D:770 MFA No. 100633 of 2015 future income due to disability is hereby reassessed as Rs.1,75,500/- (Rs.6,500/-x 15% x 12 x 15). 10. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Injury, pain and sufferings. 30,000/- 2. Loss of amenities 35,000/- 3. Loss of Income during laid up period 26,000/- 4. Attendant, Diet, Nourishment charges and Conveyance etc,. 25,000/- 5. Medicines and Medical Expenses 1,31,605/- 6. Loss of future income 10,000/- Total: 2,57,605/- 11. Therefore, the claimant is entitled for total compensation of Rs.2,57,605/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,26,805/- 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. 12. In the result, I proceed to pass the following: - 6 - NC: 2025:KHC-D:770 MFA No. 100633 of 2015 ORDER i) The appeal is allowed in part. ii) The judgment and award dated 03.07.2014, passed by the Senior Civil Judge and Additional MACT, Koppal, in MVC No.280/2013, stands modified. iii) The claimant is entitled for total compensation of Rs.2,57,605/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against Rs.2,26,805/- 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 a copy of this judgment to the Trial Court. - 7 - NC: 2025:KHC-D:770 MFA No. 100633 of 2015 vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 2 Sl No.: 68