- 1 - NC: 2025:KHC-D:3098 MFA No. 20789 of 2010 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.20789 OF 2010 (MV) BETWEEN: SHRI SURESH S/O. SHIVAPUTRAPPA TARLAGATTA, AGE: 25 YEARS, OCC: NIL, R/O: LOKAPPANAHAKKAL, VIDYANAGAR, HUBLI. …APPELLANT (BY SRI R.P.UGARAGOL, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, N.W.K.R.T.C., CENTRAL OFFICE, GOKUL ROAD, HUBLI. 2. SHRI PARTAGOUDA S/O. SHIDDANAGOUDA PATIL, AGE: 39 YEARS, OCC: DRIVER, N.W.K.R.T.C., RAMADURGA DEPOT, DIST. BELAGAVI. …RESPONDENTS (BY SRI P.R.BENTUR, ADVOCATE FOR R1; R2 – SERVICE OF NOTICE HELD SUFFICIENT.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL BY GRANTING COMPENSATION AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 10.08.2009 PASSED BY THE PRINCIPAL CIVIL JUDGE (SR.DN.) AND MOTOR ACCIDENT CLAIM TRIBUNAL, HUBLI, IN M.V.C.NO.542/2005 WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3098 MFA No. 20789 of 2010 THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 10.08.2009, passed by the Principal Civil Judge (Sr.Dn.) and MACT, Hubballi, in MVC No.542/2005, 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 following injuries. “Closed fracture of right femur and other simple injuries.” - 3 - NC: 2025:KHC-D:3098 MFA No. 20789 of 2010 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and agony 20,000 2. Medical expenses. 35,829 3. Conveyance and other incidental charges. 3,000 4. Loss of future happiness and amenities. 20,000 Total: 93,829 6. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Further, the tribunal has not awarded any compensation towards loss of future earning due to disability. Therefore, the same is required to be enhanced by modifying the judgment and award. 7. Considering the injuries sustained, a compensation of Rs.30,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.35,829/- is as per the actual bills and receipts produced; therefore, the same is kept intact. - 4 - NC: 2025:KHC-D:3098 MFA No. 20789 of 2010 Further, Rs.20,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., is awarded. 8. The doctors PW.2 and PW.3 have stated that the claimant had suffered permanent physical disability at 12% to 15% and his left leg is shortened by two centimeters. The tribunal has committed error in observing that this shortening of leg does not affect his day-to-day activities. 9. The claimant has suffered fracture of femur and suffered shortening of leg by two centimeters. Therefore, the claimant has suffered disability at 12%. Therefore, the compensation under the head loss of future income due to disability is required to be awarded. Therefore, considering the evidence of the doctor, 12% functional disability is taken into consideration as the claimant had suffered fracture of femur. 10. The accident is caused on 24.01.2005. The claimant was in private service. Therefore, in the absence of proof of income, notional income of Rs.3,500/- per month is taken into consideration, which is recognized by the - 5 - NC: 2025:KHC-D:3098 MFA No. 20789 of 2010 Karnataka State Legal Service Authority. The claimant was aged 21 years at the time of accident. Therefore appropriate applicable multiplier is 18. Hence, loss of future income due to disability is hereby assessed and quantified as Rs.90,720/- (Rs.3,500 x 12% x 12 x 18). 11. Further, a sum of Rs.7,000/- is awarded towards loss of income during laid up period for a period of two months (Rs.3,500/- x 2 months). 12. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 30,000 2. Loss of amenities. 30,000 3. Medical expenses and hospital charges. 35,829 4. Loss of income during laid up period and medical treatment period. 7,000 5. Incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 20,000 6. Loss of future earning capacity. 90,720 Total: 2,13,549 - 6 - NC: 2025:KHC-D:3098 MFA No. 20789 of 2010 13. Therefore, the claimant is entitled for total compensation of Rs.2,13,549/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.93,829/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 14. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 10.08.2009, passed by the Principal Civil Judge (Sr.Dn.) and MACT, Hubballi, in MVC No.542/2005, is modified. iii) The claimant is entitled for total compensation of Rs.2,13,549/- along with interest at the rate of 6% p.a. from the date of petition till its realization. - 7 - NC: 2025:KHC-D:3098 MFA No. 20789 of 2010 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) Send a copy of this judgment and award to the tribunal. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 44