- 1 - HC-KAR NC: 2025:KHC-D:7816 MFA No. 101936 of 2020 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 101936 OF 2020 (MV-I) BETWEEN: E. ALLAIAH SETTY S/O. SIDDAMALLAIAH SETTY, AGED ABOUT 45 YEARS, OCC: RUNNING PROVISION STORE AND AGRICULTURIST, R/O: YARAKULA VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583 111. … APPELLANT (BY SRI MANJUNATHA G. PATIL, ADVOCATE.) AND: 1. SHARVALI S/O SODA GAFOOR SAB, AGED ABOUT 27 YEARS, OWNER OF THE TRAX (TOOFAN JEEP), BEARING REG. NO.KA-34/A-5192, R/O: 4TH WARD, NEAR URDU SCHOOL, TEKKALAKOTE, SIRUGUPPA TALUK, BALLARI DISTRICT-583 112. 2. V. HANUMANTHU S/O. HUCHAPPA, AGED ABOUT 39 YEARS, OWNER OF THE TRAX (TOOFAN JEEP), BEARING REG. NO.KA-34/A-5192, R/O: DEVINAGAR, KARUR VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583 112. 3. THE BRANCH MANAGER, CHOLAMANDALAM M.S. GENERAL Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7816 MFA No. 101936 of 2020 INSURANCE CO. LTD., BALLARI-583 101. … RESPONDENTS (BY SRI NAGARAJ C. KOLLOORI, ADVOCATE FOR R3; R1 AND R2 – SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 22.02.2019 PASSED IN MVC NO.77/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIM TRIBUNAL NO.11, BALLARI, SITTING AT SIRUGUPPA AND ETC.,. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 22.02.2019, passed by the II Additional Senior Civil Judge and Motor Accident Claims Tribunal-11, Ballari, sitting at Siruguppa, in MVC No.77/2015, 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. - 3 - HC-KAR NC: 2025:KHC-D:7816 MFA No. 101936 of 2020 4. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. “Dislocation and fracture of right hip joint with sciatic nerve palsy, limp is present right side with stumping gait is present with wasting of the thigh muscles and foot and leg muscles, inability to do dorsiflexion of right foot and 3 other injuries, then he is operated.” 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Loss of future earning capacity. 1,38,600 2. Pain and suffering. 2,08,517 3. Loss of amenities. 20,000 4. Food, nourishment and attendant and conveyance charges. 20,000 5. Loss of income during laid up period. 10,000 Total: 3,97,117 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. - 4 - HC-KAR NC: 2025:KHC-D:7816 MFA No. 101936 of 2020 7. The accident is caused on 08.02.2013. The claimant was an agriculturist and business. Therefore, in the absence of proof of income, notional income of Rs.7,000/- per month is taken into consideration for the accident year 2013, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 40 years at the time of accident. Therefore, appropriate applicable multiplier is 15. The tribunal has considered the disability at 11%. Considering the nature of injuries and avocation of the claimant, it ought to have been considered 15%. Hence, loss of future income due to disability is hereby re-assessed and quantified as Rs.1,89,000/- (Rs.7,000 x 15% x 12 x 15). 8. Further, a sum of Rs.21,000/- is awarded towards loss of income during laid up period for a period of three months (Rs.7,000/- x 3 months). 9. Considering the injuries sustained, a compensation of Rs.40,000/- towards pain and suffering, Rs.40,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and - 5 - HC-KAR NC: 2025:KHC-D:7816 MFA No. 101936 of 2020 hospital charges of Rs.2,08,517/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.20,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., is awarded. 10. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 40,000 2. Loss of amenities. 40,000 3. Medical expenses and hospital charges. 2,08,517 4. Loss of income during laid up period and medical treatment period. 21,000 5. Incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 20,000 6. Loss of future earning capacity. 1,89,000 Total: 5,18,517 11. Therefore, the claimant is entitled for total compensation of Rs.5,18,517/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.3,97,117/- awarded by the Tribunal. The Insurance Company is directed to deposit the - 6 - HC-KAR NC: 2025:KHC-D:7816 MFA No. 101936 of 2020 compensation within eight weeks from the date of receipt of a certified copy of this judgment. 12. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 22.02.2019, passed by the II Additional Senior Civil Judge and Motor Accident Claims Tribunal- 11, Ballari, sitting at Siruguppa, in MVC No.77/2015, is modified. iii) The claimant is entitled for total compensation of Rs.5,18,517/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv) The claimant is not entitled for interest for the delayed period of 246 days in preferring the appeal. - 7 - HC-KAR NC: 2025:KHC-D:7816 MFA No. 101936 of 2020 v) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. vi) Send a copy of this judgment and award to the tribunal. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 38