- 1 - NC: 2025:KHC-D:3606 MFA No. 20986 of 2013 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.20986 OF 2013 (MV-I) BETWEEN: KUMARI SANGEETA D/O. HANAMANT HARIJAN, AGE: 22 YEARS, OCC: COOLIE, R/O: CHICKNANDI, TQ: GOKAK, DIST: BELAGAVI, …APPELLANT (BY SRI HANAMANTH R. LATUR, ADVOCATE.) AND: 1. SHRI SHRIKANT S/O MAHADEVAPPA PATAGUNDI, AGE: 28 YEARS, OCC: DRIVER, R/O: MAMADAPUR, TQ: GOKAK, DIST: BELAGAVI. 2. THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, SY NO.213/2B, PLOT-3, MUNAVALLI COMPLEX, LAXMI TEMPLE ROAD, NEAR COURT CIRCLE, GOKAK, DIST: BELAGAVI. …RESPONDENTS (BY SRI RAVINDRA R. MANE, ADVOCATE FOR R2 (V/C); R1 – NOTICE SERVED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 29.12.2012, PASSED BY THE PRINCIPAL SENIOR Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3606 MFA No. 20986 of 2013 CIVIL JUDGE AND MEMBER, ADDL. MACT, GOKAK, IN MVC NO.2764/2010 IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 29.12.2012, passed by the Principal Senior Civil Judge and Addl. MACT, Gokak, in MVC No.2764/2010, 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. “Mal-united fracture of scapula right side, mal-united fracture of 2nd rib of right chest.” - 3 - NC: 2025:KHC-D:3606 MFA No. 20986 of 2013 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Loss of future income. 77,760 2. Medical expenses. 7,450 3. Pain and suffering. 15,000 4. Conveyance, attendant charges, food, nourishment, etc.,. 15,000 5. Loss of earning during laid up period. 1,800 Total: 1,17,010 6. 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. 7. Considering the injuries sustained, a compensation of Rs.30,000/- towards pain and suffering, Rs.20,000/- towards loss of amenities are awarded. The compensation of Rs.7,450/- awarded by the tribunal towards medical expenses and hospital charges is as per the actual bills and receipts; therefore, the same is kept intact. Further, Rs.8,000/- towards incidental expenses like food, nourishment, travelling, attendant charges, etc., is awarded. - 4 - NC: 2025:KHC-D:3606 MFA No. 20986 of 2013 8. The doctor has stated that the claimant had suffered 30% of physical disability. The claimant is a coolie by profession. Therefore, considering the evidence of the doctor and the injuries suffered by the claimant, 15% functional disability is taken into consideration as the claimant had suffered mal-united fracture of scapula right side and mal-united fracture of 2nd rib of right chest. 9. The accident is caused on 18.11.2010. Therefore, in the absence of proof of income, notional income of Rs.5,500/- per month is to be taken into consideration, for the year 2010, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 19 years old 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.1,78,200/- (Rs.5,500 x 15% x 12 x 18). 10. Further, Rs.11,000/- is awarded towards loss of income during laid up period for a period of two months. - 5 - NC: 2025:KHC-D:3606 MFA No. 20986 of 2013 11. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 30,000 2. Medical expenses. 7,450 3. Loss of amenities. 20,000 4. Loss of income during laid up period and medical treatment period. 11,000 5. Incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 8,000 6. Loss of future earning capacity. 1,78,200 Total: 2,54,650 12. Therefore, the claimant is entitled for total compensation of Rs.2,54,650/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,17,010/- 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. 13. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. - 6 - NC: 2025:KHC-D:3606 MFA No. 20986 of 2013 ii) The judgment and award dated 29.12.2012, passed by the Principal Senior Civil Judge and Addl. MACT, Gokak, in MVC No.2764/2010, is modified. iii) The claimant is entitled for total compensation of Rs.2,54,650/- along with interest at the rate of 6% p.a. from the date of petition till its realization. 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) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 0