- 1 - HC-KAR NC: 2025:KHC-D:7400 MFA No. 101907 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101907 OF 2023 (MV-I) BETWEEN: MAHANTESH S/O SANGAPPA CHITTAWADAGI, AGE: 23 YEARS, OCC: STUDENT AND COOLIE WORK (NOW NIL), R/O: SHIRUR, TQ: AND DIST: BAGALKOT. … APPELLANT (BY SRI. VIJAYKUMAR KOTIN, ADVOCATE FOR SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE) AND: 1. SIDDAPPA S/O HANAMAPPA SULIKERI, AGE: 49 YEARS, OCC: OWNER OF OFFENDING VEHICLE TRACTOR, R/O: SHIRUR, TQ: AND DIST: BAGALKOT. 2. THE BRANCH MANAGER, HDFC ERGO GENERAL INSURANCE CO. LTD., P.B. ROAD, VIDYANAGAR, HUBBALLI-580 031, POLICY NO.2316202023138500000 VALID FROM 15.12.2017 TO 14.12.2018. … RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2; R1-DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT 1988, PRAYING TO ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 15.07.2022 PASSED IN MVC NO.606/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER OF MOTOR ACCIDENT CLAIMS TRIBUNAL-III BAGALKOT, AT BAGALKOT. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7400 MFA No. 101907 of 2023 THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the appeal listed for admission, but with the consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal. 2. The appeal is filed by the claimant/appellant challenging the judgment and award dated 15.07.2022 passed in MVC No.606/2019 on the file of I Additional Senior Civil Judge Member of MACT-III, Bagalkot (hereinafter referred to as ‘the Tribunal’ for short), seeking enhancement of compensation. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. - 3 - HC-KAR NC: 2025:KHC-D:7400 MFA No. 101907 of 2023 4. Heard the arguments from both learned counsels appearing for the parties and perused the material placed on records. Brief facts of the case: 5. It is the case of the claimant/appellant that on 03.03.2018 at about 03.00 pm, the claimant along with his friend was standing by the side of the road near Laxmi Temple at Shirur village in support of holding the electrical pole, at that time, the driver of the tractor bearing Reg.No.KA-29/TB-4122 drove the same in a rash and negligent manner and dashed to the electrical pole and left hand of the petitioner. Due to the said accident, the claimant had sustained grievous injuries to the left hand in the said accident. 6. From the medical evidence on record, it is proved that the claimant has suffered following injuries: “Type III crush injury left hand nearly complete amputation.” - 4 - HC-KAR NC: 2025:KHC-D:7400 MFA No. 101907 of 2023 7. The claimant has filed claim petition before the Tribunal and the Tribunal has awarded compensation under various head as follows: Sl. No. Particulars Amount 1. Pain and suffering Rs.1,00,000/- 2. Medical expenses Rs.3,52,069/- 3. Towards transportation, nourishment, conveyance and attendant charges Rs.50,000/- 4. Towards loss of future income due to disability Rs.7,56,000/- 5. Towards purchase of artificial hand and for future medical expenses Rs.75,000/- 6. Towards loss of amenities of life and loss of marriage prospectus Rs.1,00,000/- Total Rs.14,33,069/- 8. Learned counsel for the respondent/insurance company submitted that incase of injuries, income may be added towards loss of future prospectus in life. - 5 - HC-KAR NC: 2025:KHC-D:7400 MFA No. 101907 of 2023 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. 10. Considering the injuries sustained, compensation awarded under the heads of injuries, pain and suffering, and towards loss of amenities awarded by the Tribunal is just and proper. Hence, the same is kept intact. The compensation awarded towards medical expenses of Rs.3,52,069/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.50,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., awarded by the Tribunal is found to be just and proper. Therefore, the same is kept intact. Further, compensation of Rs.47,000/- towards loss of income during laid up period for a period of 4 months, is awarded. 11. Further, the claimant has suffered a Type III crush injury to the left hand, nearly complete amputation and he had incurred expenses towards purchase of an - 6 - HC-KAR NC: 2025:KHC-D:7400 MFA No. 101907 of 2023 artificial hand. Therefore, he required significant medical expenses to recover. Consequently, compensation of Rs.75,000/- is awarded towards future medical expenses. 12. In the present case, this Court has to consider the case on all its preponderance of probabilities while appreciating the evidence on record. The Tribunal has committed an error in not considering the case properly and appreciating the evidence on record. Therefore, the claimant is entitled to compensation under the head of loss of future earnings due to disability. 13. The accident occurred on 03.03.2018. PW-2/Doctor has given evidence and he has stated that the claimant has suffered disability to the left upper limb at 90%, but the Tribunal has committed an error in considering only 35% towards permanent physical disability. Therefore, considering the evidence of the PW- 2/Doctor and also Ex.P-5/copy of wound certificate, 60% permanent physical disability is taken into consideration as - 7 - HC-KAR NC: 2025:KHC-D:7400 MFA No. 101907 of 2023 the claimant had suffered grievous injuries to the left upper limb. 14. The claimant was aged 18 years old at the time of accident. Accordingly as per the age group mentioned in National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme Court Cases 680, and as per the Division Bench judgment of this Court in New India Assurance Company Vs. Abdul S/o Mehaboob Tahasildar in MFA No.103807/2016 C/w. MFA Nos.103835/2016 & 103807/2018 and as per the judgment of the Hon’ble Supreme Court in the case of Sidram vs. Divisional Manager, United India Insurance Company Limited and another reported in (2023) 3 SCC 439, even in the case of injuries, certain income is to be added towards loss of future prospects in life. 15. The accident is caused in the year 2018. The claimant was student. The Tribunal without appreciating - 8 - HC-KAR NC: 2025:KHC-D:7400 MFA No. 101907 of 2023 the evidence on record properly, has taken monthly income of the claimant at Rs.10,000/-, which is incorrect. According to the income chart prepared by the Karnataka State Legal Service Authority, monthly income of the claimant is Rs.11,750/- taken into consideration. The claimant was aged 18 years at the time of accident. Therefore, appropriate applicable multiplier is 18. In view of the decision of the Hon’ble Apex Court in case of Pranay Sethi (supra), 40% of the income is to be added towards loss of future prospects in life. Thus, the claimant/appellant is entitled to compensation under the head ‘loss of future income including loss future prospectus in life’ as under: Rs.11,750/- + Rs.4,700/- (40% of Rs.11,750/-) = Rs.16,450/- Rs.16,450/- x 60% x 18 x 12 = Rs.21,31,920/- 16. Thus, in all, the claimant is entitled for total compensation under various heads as under: - 9 - HC-KAR NC: 2025:KHC-D:7400 MFA No. 101907 of 2023 Sl. No. Heads. Amount 1. Towards injuries, pain and suffering. Rs.1,00,000/- 2. Towards medical expenses. Rs.3,52,069/- 3. Towards loss of amenities. Rs.1,00,000/- 4. Towards loss of income during laid up period and medical treatment period. Rs.47,000/- 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. Rs.50,000/- 6. Towards loss of future earning capacity. Rs.21,31,920/- 7. Towards future medical expenses. Rs.75,000/- Total: Rs.28,55,989/- 17. Therefore, the appellant/claimant is entitled for total compensation of Rs.28,55,989/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.14,33,069/- 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. 18. In the result, I proceed to pass the following: - 10 - HC-KAR NC: 2025:KHC-D:7400 MFA No. 101907 of 2023 ORDER i. The appeal is allowed-in-part. ii. The judgment and award dated 15.07.2022 passed in MVC No.606/2019 on the file of I Additional Senior Civil Judge and Member of MACT, III Bagalkot stands modified. iii. The claimant is entitled for total compensation of Rs.28,55,989/- as against compensation of Rs.14,33,069/- awarded by the Tribunal. iv. The total compensation amount shall carry interest at the rate of 6% p.a. from the date of petition till its realization. v. Respondent No.2/insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. - 11 - HC-KAR NC: 2025:KHC-D:7400 MFA No. 101907 of 2023 vi. No order as to costs. vii. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 47