- 1 - NC: 2025:KHC-D:1377 MFA No. 101075 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101075 OF 2016 (MV-I) BETWEEN: VEERANAGOUDA SIDDARAMGOUDA HUDED, AGE: 61 YEARS, OCC: GOUNDI, R/O: NEERALAGI, TQ: SHIGGAON, DIST: HAVERI, NOW AT HOSAYALLAPUR, DIST: DHARWAD. …APPELLANT (BY SRI MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE) AND: 1. SHIVAYOGI S/O. MAHANTAYYA HIREMATH, AGE: MAJOR, OCC: BUSINESS, R/O: BANAGITHI-GUDIHAL, TQ: KALAGHATAGI, DIST: DHARWAD. 2. THE MANAGER, SHRI. RAM GENERAL INSURANCE COMPANY LTD., E/8, EPIP, RIICO, INDUSTRIAL AREA, SITAPURA, JAIPUR, STATE: RAJASTHAN-302022. …RESPONDENTS (BY SRI NAGARAJ C.KOLLOORI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PLEASED TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE FAST TRACT COURT-I, DHARWAD DATED 29.11.2012 IN M.V.C. NO.42/2010 AND AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1377 MFA No. 101075 of 2016 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 29.11.2012, passed by the Fast Track Court-I, Dharwad, in MVC No.42/2010, 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 and 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 has sustained fracture of right superior pubic rami and right clavicle. The tribunal has awarded global compensation of Rs.40,000/- along with interest at 6% per annum, which is on the lower side and contrary to the medical evidence on record. - 3 - NC: 2025:KHC-D:1377 MFA No. 101075 of 2016 5. The Doctor has stated that the claimant has suffered 10% disability towards right upper limb and 30% disability to the right lower limb. Therefore, taking note of the same, it is just and proper to re-assess the functional disability of the claimant at 15% to the whole body, considering that the claimant is a Mason by profession. Therefore, the judgment and award requires to be modified by enhancing the quantum of compensation. 6. Considering the injuries sustained, a compensation of Rs.30,000/- is awarded towards pain and suffering. The compensation awarded towards medical expenses at Rs.10,000/- is retained. Further, Rs.15,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.15,000/- (5,000x3) towards loss of income during laid up period is awarded. The claimant is entitled for a sum of Rs.25,000/- towards loss of amenities. 7. The accident is caused in the year 2009. Therefore, notional income of Rs.5,000/- per month is - 4 - NC: 2025:KHC-D:1377 MFA No. 101075 of 2016 taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 55 years at the time of accident. Therefore, appropriate applicable multiplier is ‘11’. Hence, loss of future income due to disability is reassessed as under: Rs.5,000 x 12 x 11 x 10% = Rs.66,000/- 8. 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. 30,000 2. Towards medical expenses. 10,000 3. Towards loss of amenities. 25,000 4. Towards loss of income during laid up period 15,000 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc. 15,000 6. Towards loss of future earning capacity. 66,000 Total: 1,61,000 9. Therefore, the claimant is entitled for total compensation of Rs.1,61,000/- along with interest at the rate of 6% p.a. from the date of filing of the petition till - 5 - NC: 2025:KHC-D:1377 MFA No. 101075 of 2016 realization, as against Rs.40,000/- 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. 10. In the result, I proceed to pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 29.11.2012, passed by the Fast Track Court-I, Dharwad, in MVC No.42/2010 stands modified. iii. The claimant is entitled for total compensation of Rs.1,61,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization. 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. Send a copy of this judgment to the Tribunal. - 6 - NC: 2025:KHC-D:1377 MFA No. 101075 of 2016 vi. No order as to costs. vii. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 1 Sl No.: 36