- 1 - HC-KAR NC: 2025:KHC-D:8137 MFA No. 103416 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 103416 OF 2019 (MV-I) BETWEEN: POORNANAND @ PARAMANAND S/O. SANGAPPA BHAJANI @ KAMBLE, AGE: 25 YEARS, R/O: AGRICULTURE COOLIE, PRESENTLY NIL, R/O: KULHALLI, TQ: JAMKHANDI, DIST: BAGALKOT-587 301. … APPELLANT (BY SRI. SIDDAPPA SAJJAN, ADVOCATE) AND: 1. DEVENDRA S/O. GAJANAN PATTAR, AGE: 28 YEARS, OCC: AGRICULTURE, R/O: AT/PO: HARUGERI, TQ: RAIBAG, DIST: BELAGAVI-590 001. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., NEAR KEB, NAVANAGAR, BAGALKOT-587 101. … RESPONDENTS (BY SRI. B.D. NARASAGOND, ADVOCATE FOR R1; SRI. M.K. SOUDAGAR, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 12.02.2019 PASSED IN MVC NO.292/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XIII, AT BANAHATTI. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8137 MFA No. 103416 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 12.02.2019, passed by the Senior Civil Judge and JMFC & Member M.A.C.T. No.XIII, Banahatti (for short ‘the Tribunal’,) in MVC No.292/2016, 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. 4. In the present case, from the medical evidence on record it is proved that the claimant had suffered the grievous injuries i.e., (i) cut lasarated wound on right knee joint 12 x 5 cm size communicated to knee joint (ii) crush injury of tip of great toe and 2nd tow right side and (iii) contusion on right elbow joint and forearm. 5. The tribunal has awarded compensation under various heads as under: - 3 - HC-KAR NC: 2025:KHC-D:8137 MFA No. 103416 of 2019 Sl. No. Heads. Amount in (Rs.) 1. Loss of future income due to functional disability Rs.69,120/- 2. Pain and suffering Rs.10,000/- 3. Medical expenses hospital bills Rs.7,000/- Rs.28,300/- Total Rs.35,300/- 4. Incidental expenses like attendant and conveyance charges etc., Rs.10,000/- 5. Food and nourishment Rs.5,000/- 6. Loss of income during laid up period Rs.8,000/- 7. Loss of amenities Rs.10,000/- Total: Rs.1,47,420/- 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. 7. The accident is caused on 28.04.2015. The claimant was an agriculture and coolie. Income proof is not produced. Therefore, in the absence of proof of income, notional income of Rs.8,000/- per month is to be taken into consideration for the accident year 2015, which is recognized by the Karnataka State Legal Service Authority. The claimant - 4 - HC-KAR NC: 2025:KHC-D:8137 MFA No. 103416 of 2019 was aged 22 years at the time of accident. Therefore, appropriate applicable multiplier is 18. 8. The doctor has stated that the claimant has suffered 12% permanent physical disability towards lower limb, but the Tribunal has taken only 4%. Therefore, taking note of the same, it is just and proper to re-assess the functional disability of the claimant at 6% to the whole body, considering that the claimant was working as agriculture and coolie work. 9. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,03,680/- (Rs. 8,000/- x 6% (disability) x 18 (multiplier) x 12). Further, a sum of Rs.16,000/- is awarded towards loss of income during laid up period for a period of six months (Rs.8,000/- x 2 months). 10. Considering the injuries sustained, a compensation of Rs.15,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.35,300/- is as per the actual bills and - 5 - HC-KAR NC: 2025:KHC-D:8137 MFA No. 103416 of 2019 receipts produced; therefore, the same is kept intact. Further, Rs.20,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., is awarded. 11. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Loss of future income due to functional disability Rs.1,03,680/- 2. Pain and suffering Rs.15,000/- 3. Medical expenses hospital bills Rs.7,000/- Rs.28,300/- Total Rs.35,300/- 4. Incidental expenses like attendant and conveyance charges etc., Rs.20,000/- 5. Loss of income during laid up period Rs.16,000/- 6. Loss of amenities Rs.15,000/- Total: Rs.2,04,980/- 12. Therefore, the claimant is entitled for total compensation of Rs.2,04,980/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,47,420/- 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:8137 MFA No. 103416 of 2019 13. The Tribunal has awarded interest on the compensation at 7.5% 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 12.02.2019, passed by the Senior Civil Judge and JMFC and Member M.A.C.T. No.XIII, Banahatti, in MVC No.292/2016 stands modified. iii) The claimant is entitled for total compensation of Rs.2,04,980/- along with interest at the rate of 6% p.a. from the date of petition till its realization as against Rs.1,47,420/- awarded by the Tribunal. - 7 - HC-KAR NC: 2025:KHC-D:8137 MFA No. 103416 of 2019 iv) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. v) Registry is directed to send the copy of judgment to the concerned tribunal. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RHR CT:BCK LIST NO.: 1 SL NO.: 54