- 1 - HC-KAR NC: 2025:KHC-D:14304 MFA No. 100494 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.100494 OF 2019 (MV-I) BETWEEN: K. SADIQ S/O. LATE K. BABU SAB ALIAS K. MABU SAB ALIAS K. BABU SAHED, AGED ABOUT 37 YEARS, OCC: EX-DRIVER, R/O. BEHIND NOORANI MASZID, S.R. NAGAR, HOSAPETE, PRESENTLY R/O. NEAR SELECT FUNCTION HALL, COWL BAZAAR, BALLARI-583101. …APPELLANT (BY SRI. MANJUNATHA G. PATIL, ADVOCATE) AND: 1. SRI. DOMBAL JINDI SAHEB, S/O. D. ABDUL SAB, AGED ABOUT 37 YEARS, DRIVER OF THE HYWA TIPPER LORRY BEARING REG.NO. KA-35/A-8633, R/AT MADRA STREET, HOSAPETE, BALLARI-583101. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:14304 MFA No. 100494 of 2019 2. THE PARTNER M/S. LAKSHMI VENKATESHWARA MINERALS, OWNER OF THE HYWA TIPPER LORRY BEARING REG.NO. KA-35/8633, R/O. OPPOSITE MBT PETROL BUNK, BALLARI ROAD, HOSAPETE, BALLARI-583101. 3. M/S. BHARATI AXA GENERAL INSURANCE CO. LTD., BY ITS MANAGER, PLOT NO.3/9, GROUND FLOOR, NIRANJAN BUILDING, WARD NO.16, DR. RAJKUMAR ROAD, BALLARI-583101. …RESPONDENTS (BY SRI. MALLIKARJUN MADANALLI, ADVOCATE FOR SRI. NAGARAJ C. KOLLOORI, ADVOCATE; R1 & R2-NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO CALL FOR THE LOWER COURT RECORDS IN M.V.C.NO.372/2016 DATED 13-11-2018 ON FILE OF AND MOTOR ACCIDENT CLAIM TRIBUNAL-11TH AND 2ND ADDITIONAL SENIOR CIVIL JUDGE AT BALLARI; ENHANCE THE COMPENSATION FROM RS.3,21,458/- RS. 14,50,000/- M.V.C. NO.372/2016 DATED 13-11-2018 ON FILE OF AND MOTOR ACCIDENT CLAIM TRIBUNAL-11TH AND 2ND ADDITIONAL SENIOR CIVIL JUDGE AT BALLARI IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14304 MFA No. 100494 of 2019 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Manjunatha G. Patil learned counsel for the appellant as well as Sri Nagaraj C. Kolloori learned counsel for respondent No.3. 2. The appellant who admittedly sustained grievous injuries in a road traffic accident that occurred in the year 2015, filed a petition claiming compensation of Rs.14,50,000/- in total. The Motor Accident Claims Tribunal- XI, Ballari, which dealt with the case as MVC 372 of 2016 rendered orders on 13.11.2018 awarding a sum of Rs.3,21,458/- as compensation. The version of the appellant is that he is entitled for a higher sum. 3. Learned counsel for the appellant made his submission on two pertinent points. Firstly in respect of assessment of permanent physical disability by the tribunal and secondly in respect of non-awarding any compensation - 4 - HC-KAR NC: 2025:KHC-D:14304 MFA No. 100494 of 2019 towards ‘pain and suffering’. So far as first aspect is concerned, learned counsel submits that there was amputation of four fingers of the left hand. Learned counsel states that the appellant was a driver by profession and loss of fingers resulted in total loss of livelihood and therefore the functional disability in respect of whole body is required to be considered as 100%. 4. Disputing the submission thus made, learned counsel for respondent No.3 states that though the appellant sustained injuries to four fingers, amputation was done partially in respect of three fingers only. Learned counsel states that the tribunal therefore is justified in taking the disability in respect of whole body as 13%. 5. The driving licence produced by the appellant is not in dispute. Further the accident occurred while the appellant was a driver of the lorry and while he was changing the stepney of the lorry. Even if it is taken into consideration that the appellant lost only three fingers of - 5 - HC-KAR NC: 2025:KHC-D:14304 MFA No. 100494 of 2019 the left hand as contented by learned counsel for respondent No.3, it would be highly difficult for him to continue his profession as lorry driver. Therefore this Court is of the view that the disability in respect of whole body is required to be taken as 20%. Thus, on taking the disability in respect of whole body as 20% and without disturbing other parameters i.e. the national income as Rs.8,000/- per month and the appropriate multiplier to be applied as ‘16’, the compensation which the appellant is entitled to receive under the head ‘loss of future earnings’ is Rs.3,07,200/- (8,000x12x16x20%). However the tribunal granted a sum of Rs.1,99,680/- only under the head loss of future earnings. Thus the enhancement will be Rs.1,07,520/- (Rs.3,07,200/- minus Rs.1,99,680/-). 6. Now coming to the aspect of award of compensation under the head, ‘pain and suffering’, as rightly submitted by learned counsel for the appellant, no amount is awarded under the said head. The amount incurred towards medical expenses i.e. Rs.61,778/- was - 6 - HC-KAR NC: 2025:KHC-D:14304 MFA No. 100494 of 2019 awarded by the tribunal under the head ‘pain and suffering’. However considering the nature of injuries sustained, this Court is of the view that the appellant is entitled to a sum of Rs.35,000/- towards ‘pain and suffering’. Thus the total amount which the appellant is entitled to receive as compensation in addition to the sum that is awarded by the Tribunal is Rs.1,42,520/- (Rs.1,07,520/- Plus Rs.35,000/-). Therefore the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal-XI, Ballari through orders in MVC 372 of 2016 dated 13.11.2018 is enhanced by Rs.1,42,520/- (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) Respondent No.3 is directed to deposit the enhanced sum within a period of 8 weeks - 7 - HC-KAR NC: 2025:KHC-D:14304 MFA No. 100494 of 2019 from the date of receipt of certified copy of this judgment. (v) On such deposit, appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 35