- 1 - HC-KAR NC: 2025:KHC-D:7879 MFA No. 101594 of 2016 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 101594 OF 2016 (MV) BETWEEN: SRI SHAIKSHAVALI S/O REHAMAN SAB, AGE: 27 YEARS, OCC: EX-DRIVER, R/O: HOUSE NO.159, NEAR MARUTHI COLONY, HUSSAIN NAGAR, BALLARI. … APPELLANT (BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE.) AND: 1. SRI PRAKASH S/O SIDDALINGAPPA, AGE: 36 YEARS, DRIVER OF THE LORRY KA-04/A-8456, R/O: PALAKAMDODDI, TQ: DIST: RAICHUR. 2. SRI AMARESH S/O DEVA REDDI, AGE: 42 YEARS, OCC: OWNER OF THE LORRY KA-04/A-8456, R/O: BYALIHAL VILLAGE, MAKAPUR POST, TQ: LINGASUGURU, DIST: RAICHUR. 3. THE DIVISIONAL MANAGER, M/S UNITED INDIA INSURANCE CO. LTD., RAMAKRISHNA COMPLEX, 1ST FLOOR, K.C. ROAD, BALLARI. … RESPONDENTS (BY SRI S.S.KOLIWAD, ADVOCATE FOR R3; R1 AND R2 – SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 27.11.2015, PASSED Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7879 MFA No. 101594 of 2016 IN MVC NO.1210/2014, ON THE FILE OF THE LEARNED III MOTOR ACCIDENT CLAIMS TRIBUNAL, AT BALLARI AND ETC.,. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 27.11.2015, passed by the III Additional Motor Accident Claims Tribunal, Ballari, in MVC No.1210/2014, 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. “CLW 4 x 5 cms; Fracture of both bones of right lower limb; Abrasion just below right eye; - 3 - HC-KAR NC: 2025:KHC-D:7879 MFA No. 101594 of 2016 Active nasal bleeding left; Abrasion above left eye.” 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 30,000 2. Loss of amenities and happiness. 25,000 3. Medical and incidental charges. 54,000 4. Loss of earnings during treatment period. 10,000 5. Loss of future earnings due to disability. 1,94,400 Total: 3,13,400 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 30.07.2014. The claimant was a driver by profession. Income proof is not produced by the claimant. Therefore, in the absence of proof of income, notional income of Rs.7,500/- per month is to be taken into consideration for the accident year 2014, which is recognized by the Karnataka State Legal Service Authority. - 4 - HC-KAR NC: 2025:KHC-D:7879 MFA No. 101594 of 2016 The claimant was aged 25 years at the time of accident. Therefore, appropriate applicable multiplier is 18. The tribunal has considered the disability at 18% which appears to be correct. Hence, loss of future income due to disability is hereby re-assessed and quantified as Rs.2,91,600/- (Rs.7,500 x 18% x 12 x 18). 8. Further, a sum of Rs.30,000/- is awarded towards loss of income during laid up period for a period of four months (Rs.7,500/- x 4 months). 9. Considering the injuries sustained, a compensation of Rs.40,000/- towards pain and suffering, Rs.35,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.54,000/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.20,000/- towards incidental expenses like food, nourishment, travelling, attendant charges, etc., is awarded. - 5 - HC-KAR NC: 2025:KHC-D:7879 MFA No. 101594 of 2016 10. Further, Rs.20,000/- is awarded towards future medical expenses and Rs.15,000/- is awarded towards loss of marriage prospects. 11. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 40,000 2. Loss of amenities. 35,000 3. Medical expenses and hospital charges. 54,000 4. Loss of income during laid up period and medical treatment period. 30,000 5. Incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 20,000 6. Loss of future earning capacity. 2,91,600 7. Future medical expenses. 20,000 8. Loss of marriage prospects. 15,000 Total: 5,05,600 12. Therefore, the claimant is entitled for total compensation of Rs.5,05,600/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.3,13,400/- awarded by the Tribunal. The Insurance Company is directed to deposit the - 6 - HC-KAR NC: 2025:KHC-D:7879 MFA No. 101594 of 2016 compensation within eight weeks from the date of receipt of a certified copy of this judgment. 13. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 27.11.2015, passed by the III Additional Motor Accident Claims Tribunal, Ballari, in MVC No.1210/2014, is modified. iii) The claimant is entitled for total compensation of Rs.5,05,600/- 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 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. - 7 - HC-KAR NC: 2025:KHC-D:7879 MFA No. 101594 of 2016 vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 42