- 1 - HC-KAR NC: 2025:KHC-D:7595 MFA No. 24240 of 2013 C/W MFA No. 24242 of 2013 MFA No. 24243 of 2013 MFA No. 24244 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.24240 OF 2013 (MV) C/W MISCELLANEOUS FIRST APPEAL NO.24242 OF 2013 MISCELLANEOUS FIRST APPEAL NO.24243 OF 2013 MISCELLANEOUS FIRST APPEAL NO.24244 OF 2013 IN MFA NO.24240 OF 2013: BETWEEN: UMA W/O GOURISHANKAR BHAIRMATTI, AGE: 27 YEARS, OCC: MILK VENDOR PRESENTLY NIL, R/O: NEAR VETERINARY HOSPITAL, BAGALKOT, TQ: AND DIST: BAGALKOT. … APPELLANT (BY SRI. ANAND R. KOLLI, ADVOCATE) AND: 1. GOURISHANKAR MALLAPPA BHAIRMATTI, AGE: 47 YEARS, OCC: OWNER OF BOLERO JEEP BEARING NO.KA 29/M 3115, R/O: BEVOOR, TQ: AND DIST: BAGALKOT. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., P.B. ROAD, DHARWAD. … RESPONDENTS (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2; R1-SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT 1988, SET ASIDE THE IMPUGNED ORDER DATED:22-08-2013 PASSED IN MVC NO.389/2011 ON THE FILE OF MEMBER, MACT-II, BAGALKOT. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7595 MFA No. 24240 of 2013 C/W MFA No. 24242 of 2013 MFA No. 24243 of 2013 MFA No. 24244 of 2013 IN MFA NO.24242 OF 2013: BETWEEN: PARVATI @ PARVATEWWA @ PARVATAMMA W/O MALLANNA BHAIRMATTI, AGE: 67 YEARS, OCC: MILK VENDOR PRESENTLY NIL, R/O: NEAR VETERINARY HOSPITAL, BAGALKOT, TQ: AND DIST: BAGALKOT. … APPELLANT (BY SRI. ANAND R. KOLLI, ADVOCATE) AND: 1. GOURISHANKAR MALLAPPA BHAIRMATTI, AGE: 47 YEARS, OCC: OWNER OF BOLERO JEEP BEARING NO.KA 29/M 3115, R/O: BEVOOR, TQ: AND DIST: BAGALKOT. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., P.B. ROAD, DHARWAD. … RESPONDENTS (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2; R1-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT 1988, SET ASIDE THE IMPUGNED ORDER DATED: 22-08-2013 PASSED IN MVC NO.388/2011 ON THE FILE OF MACT-II, BAGALKOT. IN MFA NO.24243 OF 2013: BETWEEN: MALLANNA PRAKASH BHAIRMATTI, AGE: 14 YEARS, OCC: STUDENT PRESENTLY NIL, R/O: NEAR VETERINARY HOSPITAL, BAGALKOT, TQ: AND DIST: BAGALKOT, SINCE MINOR, BY HER M.G.F. PRAKASH MALLAPPA BHAIRMATTI. … APPELLANT (BY SRI. ANAND R. KOLLI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:7595 MFA No. 24240 of 2013 C/W MFA No. 24242 of 2013 MFA No. 24243 of 2013 MFA No. 24244 of 2013 AND: 1. GOURISHANKAR MALLAPPA BHAIRMATTI, AGE: 46 YEARS, OCC: OWNER OF BOLERO JEEP BEARING NO.KA 29/M 3115, R/O: BEVOOR, TQ: AND DIST: BAGALKOT. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., P.B. ROAD, DHARWAD. … RESPONDENTS (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2; R1-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT 1988, SET ASIDE THE IMPUGNED ORDER DATED:22-08-2013 PASSED IN MVC NO.393/2011 ON THE FILE OF MACT-II, BAGALKOT. IN MFA NO.24244 OF 2013: BETWEEN: SAHANA PRAKASH BHAIRMATTI, AGE: 09 YEARS, OCC: STUDENT PRESENTLY NIL, R/O: NEAR VETERINARY HOSPITAL, BAGALKOT, TQ: AND DIST: BAGALKOT, SINCE MINOR, BY HER M.G.F. PRAKASH MALLAPPA BHAIRMATTI. … APPELLANT (BY SRI. ANAND R. KOLLI, ADVOCATE) AND: 1. GOURISHANKAR MALLAPPA BHAIRMATTI, AGE: 45 YEARS, OCC: OWNER OF BOLERO JEEP BEARING NO.KA 29/M 3115, R/O: BEVOOR, TQ: AND DIST: BAGALKOT. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., P.B. ROAD, DHARWAD. … RESPONDENTS (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2; R1-DISPENSED WITH) - 4 - HC-KAR NC: 2025:KHC-D:7595 MFA No. 24240 of 2013 C/W MFA No. 24242 of 2013 MFA No. 24243 of 2013 MFA No. 24244 of 2013 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT 1988, SET ASIDE THE IMPUGNED ORDER DATED: 22-08-2013 PASSED IN MVC NO.392/2011 ON THE FILE OF MACT-II, BAGALKOT. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though these appeals are listed for admission, but with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal. 2. All these appeals are directed against the common judgment and awards dated 22.08.2013 passed in MVC Nos.389, 388, 393 and 392 of 2011 on the file of Member MACT-II, Bagalkot (hereinafter referred to as ‘the Tribunal’ for short), seeking enhancement of compensation. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. - 5 - HC-KAR NC: 2025:KHC-D:7595 MFA No. 24240 of 2013 C/W MFA No. 24242 of 2013 MFA No. 24243 of 2013 MFA No. 24244 of 2013 Brief facts of the cases are: 4. It is the case of the appellants/claimants that on 26.06.2010 they were travelling in a Bolero Jeep bearing Reg.No.KA-29/M-3115 from Bijapur to Bagalkot. When the said vehicle was near Gaddanakeri cross, the driver of said Bolero Jeep drove the same in high speed and in a rash and negligent manner and dashed to a road side tree at about 1.00 a.m. (Midnight). Due to which, the appellants/claimants have sustained injuries. 5. Heard the arguments and perused the material placed before the Court. IN MFA NO.24240/2013 (MVC No.389/2011) 6. In the present case, from the medical evidence on record, it is proved that the appellant/claimant had suffered fractured injury to the right elbow and injuries to the forehead and to her right elbow and other injuries. 7. The Tribunal has awarded compensation under the following heads: - 6 - HC-KAR NC: 2025:KHC-D:7595 MFA No. 24240 of 2013 C/W MFA No. 24242 of 2013 MFA No. 24243 of 2013 MFA No. 24244 of 2013 Sl. No. Heads Amount in Rs. 1. Pain and sufferings. 40,000/- 2. Medical expenses. 15,000/- 3. Transportation charges. 4,000/- Total: 59,000/- 8. 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 passed by the Tribunal. 9. Considering the injuries sustained, a compensation of Rs.40,000/- towards pain and suffering awarded by the Tribunal is found to be correct. Hence, the same is kept intact. The compensation of Rs.15,000/- towards loss of amenities is awarded. The compensation awarded towards medical expenses and hospital charges of Rs.15,000/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.5,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and - 7 - HC-KAR NC: 2025:KHC-D:7595 MFA No. 24240 of 2013 C/W MFA No. 24242 of 2013 MFA No. 24243 of 2013 MFA No. 24244 of 2013 Rs.5,500/- towards loss of income during laid up period for a period of 1 month, is awarded. 10. The doctor has stated that the appellant/claimant had suffered 15% disability due to a hairline fracture to her right elbow and other two injuries i.e., contusion over right elbow and contusion over right frontal region, but the Tribunal has not considered the same. Therefore, considering the evidence of the doctor, 5% of functional disability is taken into consideration as the claimant had suffered fracture of injury and other injuries. 11. The accident is caused in the year 2010. Therefore, notional income of Rs.5,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 25 years at the time of accident. Therefore, appropriate applicable multiplier is 18. Hence, loss of - 8 - HC-KAR NC: 2025:KHC-D:7595 MFA No. 24240 of 2013 C/W MFA No. 24242 of 2013 MFA No. 24243 of 2013 MFA No. 24244 of 2013 future income due to disability is hereby reassessed and quantified as Rs.59,400/- (Rs.5,500/- x 5% x 12 x 18). 12. Thus, the appellant/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. 15,000/- 3. Towards loss of amenities. 15,000/- 4. Towards loss of income during laid up period and medical treatment period. 5,500/- 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 5,000/- 6. Towards loss of future earning capacity. 59,400/- Total: 1,39,900/- 13. Therefore, the appellant/claimant is entitled for total compensation of Rs.1,39,900/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.59,000/- awarded by the Tribunal. The Insurance Company is directed to deposit - 9 - HC-KAR NC: 2025:KHC-D:7595 MFA No. 24240 of 2013 C/W MFA No. 24242 of 2013 MFA No. 24243 of 2013 MFA No. 24244 of 2013 the compensation within eight weeks from the date of receipt of a certified copy of this judgment. In MFA NO.24242/2013 (MVC No.388/2011) 14. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries: i. “Contusion over chest. ii. Bleeding from left eye and loss of vision and iii. Lacerated wound over right tibia and lacerated wound over left tibia.” 15. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 25,000/- 2. Medical expenses. 12,000/- 3. Transportation charges. 2,000/- Total: 39,000/- 16. Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. - 10 - HC-KAR NC: 2025:KHC-D:7595 MFA No. 24240 of 2013 C/W MFA No. 24242 of 2013 MFA No. 24243 of 2013 MFA No. 24244 of 2013 Therefore, the same is required to be enhanced by modifying the judgment and award. 17. Therefore, the appellant/claimant is entitled for an additional global compensation of Rs.20,000/- in addition to what has been awarded by the Tribunal, along with interest at the rate of 6% p.a. from the date of petition till the date of realization. 18. The Insurance Company is directed to deposit the enhanced global compensation within eight weeks from the date of receipt of a certified copy of this judgment. IN MFA NO.24243/2013 (MVC No.393/2011) 19. In the present case, from the medical evidence on record, it is proved that the appellant/claimant had suffered the following injuries: i. “Contusion over right shoulder. ii. Lacerated wound over right supra orbit region and injury over L/3.” - 11 - HC-KAR NC: 2025:KHC-D:7595 MFA No. 24240 of 2013 C/W MFA No. 24242 of 2013 MFA No. 24243 of 2013 MFA No. 24244 of 2013 20. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 10,000/- 2. Medical expenses. 4,000/- 3. Transportation charges. 1,000/- Total: 15,000/- 21. 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. 22. Therefore, the appellant/claimant is entitled for an additional global compensation of Rs.25,000/- in addition to what has been awarded by the Tribunal, along with interest at the rate of 6% p.a. from the date of petition till the date of realization. 23. The Insurance Company is directed to deposit the enhanced global compensation within eight weeks - 12 - HC-KAR NC: 2025:KHC-D:7595 MFA No. 24240 of 2013 C/W MFA No. 24242 of 2013 MFA No. 24243 of 2013 MFA No. 24244 of 2013 from the date of receipt of a certified copy of this judgment. IN MFA NO.24244/2013 (MVC No.392/2011) 24. In the present case, from the medical evidence on record, it is proved that the appellant/claimant had suffered the following injuries: i. “Tenderness and swelling over right ankle. ii. Distal tibial epiphysis.” 25. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 6,000/- 2. Medical expenses. 3,000/- 3. Transportation charges. 500/- Total: 9,500/- 26. Considering the nature of injuries sustained, compensation awarded by the Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. - 13 - HC-KAR NC: 2025:KHC-D:7595 MFA No. 24240 of 2013 C/W MFA No. 24242 of 2013 MFA No. 24243 of 2013 MFA No. 24244 of 2013 27. Therefore, the appellant/claimant is entitled for an additional global compensation of Rs.25,000/- in addition to what has been awarded by the Tribunal, along with interest at the rate of 6% p.a. from the date of petition till the date of realization. 28. The Insurance Company is directed to deposit the enhanced global compensation within eight weeks from the date of receipt of a certified copy of this judgment. 29. In the result, I proceed to pass the following: ORDER i. All the appeals are allowed-in-part. ii. The common judgment and awards dated 22.08.2013 passed in MVC Nos.389, 388, 393 and 392 of 2011 on the file of Member MACT-II, Bagalkot, stand modified. iii. The appellant/claimant in MFA No.20240/2013 (MVC No.389/2011) is - 14 - HC-KAR NC: 2025:KHC-D:7595 MFA No. 24240 of 2013 C/W MFA No. 24242 of 2013 MFA No. 24243 of 2013 MFA No. 24244 of 2013 entitled total compensation of Rs.1,39,900/- as against Rs.59,000/- awarded by the Tribunal along with interest at the rate of 6% p.a. from the date of petition till its realization. iv. The appellant/claimant in MFA No.24242/2013 (MVC No.388/2011) is entitled for enhanced global compensation of Rs.20,000/- in addition to what has been awarded by the Tribunal along with interest at the rate of 6% p.a. from the date of petition till its realization. v. The appellant/claimant in MFA No.24243/2013 (MVC No.393/2011) is entitled for enhanced global compensation of Rs.25,000/- in addition to what has been awarded by the Tribunal along with interest at the rate of 6% p.a. from the date of petition till its realization. vi. The appellant/claimant in MFA No.24244/2013 (MVC No.392/2011) is entitled for enhanced global compensation of Rs.25,000/- in addition to what has been awarded by the Tribunal along with - 15 - HC-KAR NC: 2025:KHC-D:7595 MFA No. 24240 of 2013 C/W MFA No. 24242 of 2013 MFA No. 24243 of 2013 MFA No. 24244 of 2013 interest at the rate of 6% p.a. from the date of petition till its realization. vii. The Insurance Company shall deposit the compensation amount within a period of eight weeks from the date of receipt of a copy of this judgment. viii. Send back the Trial Court records along with a copy of this judgment to the Tribunal. ix. No order as to costs. x. Draw award accordingly. In view of disposal of the appeals, pending IAs’, if any, shall stand disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 17