- 1 - HC-KAR NC: 2025:KHC-D:7375 MFA No. 103459 of 2017 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. 103459 OF 2017 (MV-I) BETWEEN: SHRI RAVI S/O YANKAPPA TALAWAR, AGE: 26 YEARS, OCC: GOUNDI NOW NIL, R/O: HUNASHIKATTI VILLAGE, TQ: JAMKHANDI, DIST: BAGALKOT-587 314. … APPELLANT (BY SRI. SIDDAPPA S. SAJJAN, ADVOCATE) AND: 1. DANAYYA S/O BASANINGAYYA HIREMATH, AGE: 33 YEARS, OCC: BUSINESS, R/O: BANDIGANI VILLAGE-587 301, TQ: JAMKHANDI, DIST: BAGALKOT. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD, BRANCH OFFICE, KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT-587 301. … RESPONDENTS (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE FOR R1; SRI. N.R. KUPPELUR, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION AND AWARD COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 08.08.2016 PASSED IN MVC NO.248/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VI, AT JAMKHANDI. THIS APPEAL, COMING ON FOR HEARING-INTERLOCUTORY APPLICATION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7375 MFA No. 103459 of 2017 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) Though this appeal is listed for hearing on interlocutory application, with consent of learned counsel for the parties, it is taken up for final disposal. 2. This appeal is filed by the claimant/appellant challenging the judgment and award dated 08.08.2016, passed by the learned Additional Senior Civil Judge and Member MACT-VI, Jamkhandi, in MVC No.248/2014 (hereinafter referred to as the ‘Tribunal’), seeking enhancement of compensation. 3. Heard the arguments and perused the material placed before the Court. 4. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. - 3 - HC-KAR NC: 2025:KHC-D:7375 MFA No. 103459 of 2017 5. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries: “i Fracture shaft humerus left side. ii. Abrasion wound on left hand elbow.” 6. The Tribunal has awarded global compensation of Rs.1,20,000/- along with interest at the rate of 9% per annum. 7. Further, the Doctor has stated that the claimant has suffered 24% permanent physical disability towards left upper limb. Therefore, taking note of the same, it is just and proper to re-assess the functional disability of the claimant at 8% to the whole body, considering that the claimant is agricultural coolie by profession. Therefore, the judgment and award requires to be modified by enhancing the quantum of compensation. 8. Considering the nature of injuries sustained, compensation awarded by Tribunal is on lesser side. - 4 - HC-KAR NC: 2025:KHC-D:7375 MFA No. 103459 of 2017 Therefore, the same is required to be enhanced by modifying the judgment and award. 9. The accident is caused in the year 2013. Therefore, notional income of Rs.7,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 23 years old at the time of accident. Therefore, appropriate applicabhle multiplier is ‘18’. Hence, loss of future income due to disability is hereby reassessed and quantified as under: Rs.7,000 x 12 x 18 x 8% = Rs.1,20,960/- 10. Further, the claimant is entitled to compensation of Rs.40,000/- towards pain and suffering. As per medical bills, Rs.36,000/- is awarded towards medical expenses. Further, Rs.10,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.14,000/- (7,000x2) towards loss of income during laid up period for a period of three months, - 5 - HC-KAR NC: 2025:KHC-D:7375 MFA No. 103459 of 2017 is awarded. The claimant is entitled for a sum of Rs.25,000/- towards loss of amenities. 11. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. 40,000 2. Towards medical expenses. 36,000 3. Towards loss of amenities. 25,000 4. Towards loss of income during laid up period 14,000 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc. 10,000 6. Towards loss of future earning capacity. 1,20,960 Total: 2,45,960 12. Therefore, the claimant is entitled for total compensation of Rs.2,45,960/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,20,000/- awarded by the Tribunal. The Insurance Company is directed to deposit the enhanced compensation within eight weeks from the date of receipt of a certified copy of this judgment. - 6 - HC-KAR NC: 2025:KHC-D:7375 MFA No. 103459 of 2017 13. The Tribunal has awarded interest on the compensation at 9% per annum, which is on the higher side. Considering the rate of interest awarding on the fixed deposits, this Court is awarding interest at the rate of 6% per annum. 14. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 08.08.2016, passed by the Additional Senior Civil Judge and Member M.A.C.T. No.VI, Jamkhandi, in MVC No.248/2014 stands modified. iii) The claimant is entitled for total compensation of Rs.2,45,960/- along with interest at the rate of 6% p.a. from the date of petition till its realization as against Rs.1,20,000/- awarded by the Tribunal. - 7 - HC-KAR NC: 2025:KHC-D:7375 MFA No. 103459 of 2017 iv) The insurance company shall deposit the enhanced amount within a period of eight weeks from the date of receipt of a copy of this judgment. v) Registry to send a copy of this judgment to the Trial Court. vi) Draw award accordingly. vii) No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM CT:BCK LIST NO.: 1 SL NO.: 13