- 1 - HC-KAR NC: 2025:KHC-D:8138 MFA No. 104949 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 104949 OF 2019 (MV-I) BETWEEN: JEENATH KOUSAR W/O. RABBANI NAYAK, AGE: 38 YEARS, OCC: JEWELLARY BUSINESS, R/O: KHADARBAG, SAVANUR, TQ: SAVANUR, DIST: HAVERI-577 101. … APPELLANT (BY SRI. G.R. TURAMARI, ADVOCATE) AND: 1. MANJUNATH S/O. PARASAPPA OLI, AGE: 39 YEARS, OCC: BUSINESS, R/O: CHAVADAL, SAVANUR, DIST: HAVERI-577 501, (OWNER OF TATA ACE KA-27/A-8436). 2. THE AUTHORIZED SIGNATORY, SHREERAM GENERAL INSURANCE CO. LTD., E-8 EPIP, RICO INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTAN STATE-620 012, (INSURER OF TATA ACE KA-27/A-8436). Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8138 MFA No. 104949 of 2019 3. FAKKIRAPPA S/O. NAGAPPA KAMADOLI, AGE: 45 YEARS, OCC: BUSINESS, R/O: HALEGUNDUR, TQ: SAVANUR, DIST: HAVERI-577 501, (OWNER OF TRACTOR KA-27/TB-943 AND TRAILER KA-27/T-1988). 4. THE AUTHORIZED SIGNATORY IFFCO-TOKIO GENERAL INSURANCE CO. LTD., 127/A, BHAVANI ARCADE, 3RD FLOOR, NEAR OLD BUS STAND, OPP. BASAVA VANA, NEW COTTON MARKET, HUBBALLI, DIST: DHARWAD-580 010, (INSURER OF TRACTOR KA-27/TB-943 AND TRAILER KA-27/T-1988). … RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2; SRI. M.Y. KATAGI, ADVOCATE FOR R4) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 19.07.2019 PASSED IN MVC NO.137/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AND MOTOR ACCIDENT CLAIMS TRIBUNAL, SHIGGAON. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8138 MFA No. 104949 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 19.07.2019, passed by the Motor Accident Claims Tribunal and Senior Civil Judge and JMFC, Shiggaon (for short ‘the Tribunal’,) in MVC No.137/2017, 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 grievous injuries i.e., fracture of the right clavicle bone with comminuted fracture of right 3rd to 11th ribs and 3rd to 8th ribs. - 4 - HC-KAR NC: 2025:KHC-D:8138 MFA No. 104949 of 2019 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Medical expenses Rs.65,429/- 2. Pain and suffering Rs.1,00,000/- 3. Transportation charges Rs.10,000/- 4. Food nourishment Rs.30,000/- 5. Food and nourishment Rs.5,000/- 6. Loss of income during laid up period Rs.17,000/- Total: Rs.2,22,429/- 6. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Further, the tribunal has not awarded any compensation towards loss future income due to disability. Therefore, the same is required to be enhanced by modifying the judgment and award. 7. The accident is caused on 09.09.2015. The claimant was a Jewellery Businessman. Income proof is not produced. Therefore, in the absence of proof of income, notional income of Rs.8,000/- per month is to be taken into consideration for the accident year 2015, which is recognized - 5 - HC-KAR NC: 2025:KHC-D:8138 MFA No. 104949 of 2019 by the Karnataka State Legal Service Authority. The claimant was aged 38 years at the time of accident. Therefore, appropriate applicable multiplier is 15. 8. The doctor has stated that the claimant has suffered 45% permanent physical disability towards right pubic bone, but the Tribunal has not taken into consideration of the same. Therefore, taking note of the same, it is just and proper to assess the functional disability of the claimant at 10% to the whole body, considering that the claimant was working as a Jeweller. 9. Hence, loss of future income due to disability is hereby assessed and quantified as Rs.1,44,000/- (Rs.8,000/- x 10% (disability) x 15(multiplier) x 12). Further, a sum of Rs.24,000/- is awarded towards loss of income during laid up period for a period of three months (Rs.8,000/- x 3 months). 10. Considering the injuries sustained, a compensation of Rs.40,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses - 6 - HC-KAR NC: 2025:KHC-D:8138 MFA No. 104949 of 2019 Rs.65,429/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.30,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., is awarded. 11. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Loss of future income due to functional disability 1,44,000 2. Pain and suffering 40,000 3. Medical expenses 65,429 4. Incidental expenses like attendant food, nourishment, traveling, attendant charges and etc., 30,000 5. Loss of income during laid up period 24,000 6. Loss of amenities 30,000 Total: 3,33,429 12. Therefore, the claimant is entitled to a total compensation of Rs.3,33,429/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,22,429/- awarded by the Tribunal. Respondent Nos.2 and 4, both the Insurance Companies are liable to pay the compensation in the ratio of - 7 - HC-KAR NC: 2025:KHC-D:8138 MFA No. 104949 of 2019 50:50 and shall 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. ii) The judgment and award dated 19.07.2019, passed by the Motor Accident Claims Tribunal and Senior Civil Judge and JMFC, Shiggaon, n MVC No.137/2017 stands modified. iii) The claimant is entitled for total compensation of Rs.3,33,429/- along with interest at the rate of 6% p.a. from the date of petition till its realization as against Rs.2,22,429/- awarded by the Tribunal. iv) The respondent Nos.2 and 4 Insurance Companies shall deposit the amount in the ratio of 50:50 within a period of eight weeks - 8 - HC-KAR NC: 2025:KHC-D:8138 MFA No. 104949 of 2019 from the date of receipt of a copy of this judgment. v) Registry is directed to communicate a copy of this judgment to the concerned tribunal. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RHR CT:BCK LIST NO.: 1 SL NO.: 55