- 1 - HC-KAR NC: 2025:KHC-D:17067-DB MFA No. 104420 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. MISCELLANEOUS FIRST APPEAL NO.104420 OF 2023 (MV-I) BETWEEN: SABANNA @ SABU S/O. REVANASIDDA METRI AGE. 36 YEARS, OCC. AGRICULTURE COOLIE(NOW NIL), R/O. KALLOLLI. TQ. MUDALAGI, DIST. BELAGAVI 591224. NOW RAMTIRTH NAGAR, BELAGAVI. &APPELLANT (BY SRI G.R. TURAMARI, ADVOCATE) AND: 1. PARASAPPA BALAPPA MAKKALAGERI AGE.MAJOR, OCC.BUSINESS, R/O. KALLOLLI, TQ. MUDALAGI, DIST. BELAGAVI 591 224. 2. THE DIVISIONAL MANAGER IFFCO TOKIO GENERAL INSURANCE CO. LTD., 2ND FLOOR, SHIKSHAN VISHWASTH MANDAL, SHIKSHAK BHAVAN, COLLEGE ROAD, BELAGAVI- 591224. &RESPONDENTS (BY SRI M.Y. KATAGI, ADVOCATE FOR R2) Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.16 12:49:01 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17067-DB MFA No. 104420 of 2023 THIS MFA FILED U/S.173(1) OF MV ACT 1988, PRAYING TO ALLOW THE APPEAL BY ENHANCING THE COMPENSATION OF RS.3,82,901/- TO RS.50,00,000/-, BY MODIFYING THE JUDGMENT AND AWARD DATED 01.04.2023 PASSED IN MVC NO.1409/2022 ON THE FILE OF THE XI ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, AND CONSEQUENTLY GRANT THE ENTIRE COMPENSATION IN FAVOUR OF THE PETITIONER/APPELLANT BY SADDLING THE ENTIRE LIABILITY UPON THE RESPONDENTS NO.1 AND 2 JOINTLY AND SEVERALLY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL JUDGMENT (PER: THE HON'BLE MRS JUSTICE GEETHA K.B.) Injured-claimant has filed this appeal under Section 173(1) of the Motor Vehicles Act, 1988, not being satisfied with the quantum of compensation awarded under judgment and award dated 01.04.2023 in MVC No.1409/2022 on the file of XI Additional District Judge and Additional MACT, Belagavi (for short, 8Tribunal9) and praying for enhancement of compensation. - 3 - HC-KAR NC: 2025:KHC-D:17067-DB MFA No. 104420 of 2023 2. For the sake of convenience and clarity, the parties will be referred to with their ranks, as they were before the Tribunal. 3. Claimant has filed the claim petition in MVC No.1409/2022 claiming compensation in respect of the injuries sustained by him in the road traffic accident that had taken place on 05.06.2022 by involving tractor bearing No.KA-49/TA-5907. It is the contention of claimant that the accident had taken place when he was standing near the spot of accident and he sustained the injuries in the accident. 4. It is further contended that the claimant was hale and healthy and was earning ¹.30,000/- per month and due to the accidental injuries, he is permanently disabled and hence claimed compensation under different heads. 5. On receipt of notice of the claim petition, respondent No.2 appeared through its counsel and filed objection statement, wherein it denied the entire contention - 4 - HC-KAR NC: 2025:KHC-D:17067-DB MFA No. 104420 of 2023 of the claimant, but admitted that the tractor belonged to respondent No.1 and is duly insured with it. It was contended that petition is not maintainable. Respondent No.1 willfully implicated the provisions of Motor Vehicles Act, etc. Petitioner is responsible for the accident/incident. The incident has not taken place in a public place and hence it is not liable to pay any compensation. 6. On behalf of claimant, claimant was examined as P.W.1 apart from examining the doctor as P.W.2 and marking Exs.P.1 to P.23 before the Tribunal. On behalf of respondent No.2, three documents are marked as Exs.R1 to R.3 before the Tribunal. 7. After recording evidence of both sides and hearing arguments of both sides, the Tribunal has granted compensation of ¹.3,82,901/- to the claimant under different heads by saddling the liability on respondent No.2 taking into consideration that the insurance policy was in - 5 - HC-KAR NC: 2025:KHC-D:17067-DB MFA No. 104420 of 2023 force at the time of accident. The Tribunal has awarded the following compensation to the claimant: 1 Towards simple/grievous injuries, pain and suffering ¹.20,000/- 2 Towards medical expenses ¹.87,901/- 3 Loss of future income ¹.2,70,000/- 4 Loss of income during treatment ¹.5,000/- Total ¹.3,82,901/- 8. Not satisfied with the compensation awarded by the Tribunal, the claimant/appellant has filed the present appeal. 9. Heard arguments of both sides. 10. Learned counsel for the claimant/appellant, Sri G.R.Turamari would submit that the compensation awarded by the Tribunal on different heads is very less compared to the admissible compensation that ought to have been granted by the Tribunal. He would further submit that the Tribunal ought to have taken the disability at 40% of the whole body and not 10% as taken by it. He would further submit that the Tribunal has not awarded any compensation - 6 - HC-KAR NC: 2025:KHC-D:17067-DB MFA No. 104420 of 2023 towards loss of income for laid up period and attendant charges and also towards loss of amenities. Hence, claimed compensation on all the above heads. 11. Learned counsel for respondent No.2, Sri M.Y.Katagi would submit that the compensation awarded by the Tribunal is just and fair and in accordance with the principles laid down by the Hon9ble Apex Court. Hence, it needs no interference. 12. Having heard the arguments of both sides and upon verifying the records, the only point that would arise for our consideration is: <Whether the claimant/appellant is entitled for enhanced compensation?= 13. Our finding on the above point is in the affirmative for the following reasons. 14. The date, place, time of accident and amputation of four fingers at the level of proximal phalanx to claimant - 7 - HC-KAR NC: 2025:KHC-D:17067-DB MFA No. 104420 of 2023 is not in dispute. Under these circumstances, the compensation awarded by the Tribunal on each head is less. 15. The wound certificate as per Ex.P.7 reveals that the claimant has sustained auto-amputation of left index, middle ring and little finger at middle of proximal phalanx level and the injury is grievous in nature and surgery was conducted at Ganga Surgical and Fracture Clinic, Gokak. 16. Ex.P.20-discharge summary reveals that he was admitted to the hospital on 05.06.2022 and discharged on 11.06.2022 and there was an operation to his left hand and amputation and stump closure were done at the level of proximal phalanx. Skin was closed with ethilon, sterile dressing was done and below elbow plaster was applied. 17. After discharge from the hospital, the doctor who treated him at Ganga Surgical and Fracture Clinic has issued disability certificate as per Ex.P.10, wherein it is stated that there is permanent disability of 40% in relation to the whole body. - 8 - HC-KAR NC: 2025:KHC-D:17067-DB MFA No. 104420 of 2023 18. It is stated that he incurred permanent disability of 40% in relation to left upper limb due to pain and restriction of movements of joints of left upper limb and due to absence of four fingers, balance, co-ordination and synergy of group of muscles in other three limbs is also affected and thus he incurred permanent disability of 40% to the whole body. 19. The doctor has assessed 40% permanent disability to the whole body as the claimant could not use his left hand properly and it affects the three limbs. However, on perusal of the oral evidence of doctor along with his certificate, we are of the opinion that taking permanent disability at 40% to the whole body would be excessive. Further, taking 10% disability to the whole body by the Tribunal is on lower side. We are of the opinion that taking disability to the whole body at 15% would meet the ends of justice. The age of claimant was 37 years as on the date of accident. Hence, the relevant multiplier to be adopted is 15 as per the judgment in the case of Sarla - 9 - HC-KAR NC: 2025:KHC-D:17067-DB MFA No. 104420 of 2023 Verma and Others vs. Delhi Transport Corporation and Another reported in (2009) 6 SCC 121. When no material is produced to ascertain the income of the claimant, by relying upon the guidelines issued by Karnataka State Legal Services Authority for Lok-Adalath, as the accident had taken place in the year 2022, the income of claimant is to be taken at ¹.14,750/- per month. Thus, towards loss of earning capacity, ¹.3,98,250/- (¹.14,750 x 12 x 15 x 15%) is to be awarded. 20. As far as pain and suffering is concerned, we are of the opinion that the claimant is entitled for ¹.45,000/- instead of ¹.20,000/- awarded by the Tribunal considering the nature of injuries sustained by the claimant; as far as medical expenses is concerned, by examining the bills, Tribunal has awarded the correct compensation, which needs no interference. 21. As far as loss of income during laid-up period is concerned, it should be taken for 3 months i.e., - 10 - HC-KAR NC: 2025:KHC-D:17067-DB MFA No. 104420 of 2023 ¹.44,250/-(¹.14,750 x3). As the claimant was inpatient for some days, he is entitled for attendant charges at ¹.15,000/- and he is also entitled for loss of amenities at ¹.40,000/- because he lost his four fingers. Hence, the claimant is entitled for the following compensation: Sl.No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Loss of earning capacity ¹.2,70,000/- ¹.3,98,250/- 2 Pain and suffering ¹.20,000/- ¹.45,000/- 3 Loss of income during laid-up period ¹.5,000/- ¹.44,250/- 4 Attendant charges - ¹.15,000/- 5 Loss of amenities at - ¹.40,000/- 6 Medical expenses ¹.87,901/- ¹.87,901/- Total ¹.3,82,901/- ¹.6,30,401/- 22. Hence, we pass the following: ORDER a) The appeal filed under Section 173(1) of the MV Act, 1988 is allowed in part; b) The judgment and award dated 01.04.2023 in MVC No.1409/2022 on the file of XI Additional - 11 - HC-KAR NC: 2025:KHC-D:17067-DB MFA No. 104420 of 2023 District Judge and Additional MACT, Belagavi is modified; c) The claimant is entitled for total compensation at ¹.6,30,401/- as against ¹.3,82,901/- awarded by the Tribunal; d) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till the date of its realization; e) The respondent-Insurer is directed to deposit the compensation amount along with interest within eight weeks from the date of receipt of certified copy of this judgment; f) The deposit and disbursement shall be made as per the award of the Tribunal; g) No order as to costs. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE SH CT-CMU LIST NO.: 1 SL NO.: 49