- 1 - HC-KAR NC: 2025:KHC-D:7562 MFA No. 102544 of 2015 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. 102544 OF 2015 (MV-I) BETWEEN: NARAYAN SAMBHA UMARANI, AGE: 38 YEARS, OCC: AGRICULTURE, VEGETABLE BUSINESS, R/O: NANDIKURALI, TQ: RAIBAG, DIST: BELAGAVI … APPELLANT (BY SRI. BAHUBALI N. KANABARGI, ADVOCATE) AND: 1. RAMESH SAMBHA UMARANI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: NANDIKURALI, TQ: RAIBAG, DIST: BELAGAVI. 2. THE GENERAL MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., NO.570, NAIGUM CROSS ROAD, NEXT TO ROYAL INDUSTRIAL ESTATE, WADALA (W) MUMBAI-400 031, ITS BRANCH, GEM. STONE RAO BAHADOOR DAJIRAO VICTORE COMPLAX 517, A/2 E NO.CENTRAL S.T. STAND, NEW SHAHAPUR KOLHAPUR-416 002. … RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2; R1-DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED: 23.04.2015 PASSED IN M.V.C. NO.42/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT AT RAIBAG. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7562 MFA No. 102544 of 2015 THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) Though the appeal is listed for admission, but with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal. 2. This appeal is filed by the appellant/claimant challenging the judgment and award dated 23.04.2015, passed in MVC No.42/2013 on the file of Senior Civil Judge and MACT, Raibag (hereinafter referred to as ‘the Tribunal’ for short), seeking enhancement of compensation. 3. Heard the arguments and perused the material placed before the Court. 4. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. - 3 - HC-KAR NC: 2025:KHC-D:7562 MFA No. 102544 of 2015 5. In the present case, from the medical evidence on record it is proved that the appellant/claimant had suffered the following injuries: i. Fracture of left tibia at its lower 3rd with I M Nail. ii. Fracture of left fibula at its lower 3rd and other injuries. 6. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards one fracture grievous injury and mental disability and pain and suffering. 40,000/- 2. Towards medical expenses. 41,338/- 3. Towards conveyance, attendant, nourishment and Mis charges etc., 6,000/- 4. Towards loss of earning during treatment. 6,000/- 5. Towards loss of future earning. (Rs.6,000 x 12 x 15 x 20%) / 100 2,16,000/- Total: 3,09,338/- - 4 - HC-KAR NC: 2025:KHC-D:7562 MFA No. 102544 of 2015 7. 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. 8. The accident occurred on 24.10.2012. As per the deposition of PW-2/Doctor and as per the documentary evidence, Exs.P13 and P-17 (wound certificate and disability certificate caste sheet) proved the fact that the claimant had suffered 45% of disability to the left lower limb. The Tribunal has taken 20% of permanent disability towards whole body, which is found to be correct. Hence, the same is taken for consideration as the claimant had suffered fracture of left tibia at its lower 3rd with I M Nail and fracture of left fibula at its lower 3rd and other injuries. 9. The claimant was aged 36 years old at the time of accident. Accordingly as per the age group mentioned in National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme Court Cases 680, and as per the Division Bench - 5 - HC-KAR NC: 2025:KHC-D:7562 MFA No. 102544 of 2015 judgment of this Court in New India Assurance Company Vs. Abdul S/o Mehaboob Tahasildar in MFA No.103807/2016 C/w. MFA Nos.103835/2016 & 103807/2018 and as per the judgment of the Hon’ble Supreme Court in the case of Sidram vs. Divisional Manager, United India Insurance Company Limited and another reported in (2023) 3 SCC 439, even in the case of injuries, certain income is to be added towards loss of future prospects in life. 10. The accident is caused in the year 2012. The claimant was doing goundi work and agricultural coolie at the time of accident. The Tribunal without appreciating the evidence on record properly, has taken monthly income of the claimant at Rs.6,000/-, which is incorrect. According to the income chart prepared by the Karnataka State Legal Service Authority, monthly income of the claimant is Rs.6,500/- taken into consideration. The claimant was aged 36 years old at the time of accident. Therefore, appropriate applicable multiplier is 15. In view of the - 6 - HC-KAR NC: 2025:KHC-D:7562 MFA No. 102544 of 2015 decision of the Hon’ble Apex Court in case of Pranay Sethi (supra), 40% of the income is to be added towards loss of future prospects in life. Thus, the claimant is entitled to compensation under the head ‘loss of future income including loss future prospects in life’ as under: Rs.6,500/- + Rs.2,600/- (40% of Rs.6,500/-) = Rs.9,100/- Rs.9,100/- x 20% x 15 x 12 = Rs.3,27,600/- 11. Considering the injuries sustained, a compensation of Rs.50,000/- towards pain and suffering, Rs.20,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.41,338/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.15,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.13,000/- towards loss of income during laid up period for a period of 2 months, is awarded. - 7 - HC-KAR NC: 2025:KHC-D:7562 MFA No. 102544 of 2015 12. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. 50,000/- 2. Towards medical expenses. 41,338/- 3. Towards loss of amenities. 20,000/- 4. Towards loss of income during laid up period and medical treatment period. 13,000/- 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 15,000/- 6. Towards loss of future income including loss future prospects in life 3,27,600/- Total: 4,66,938/- 13. Therefore, the claimant is entitled for total compensation of Rs.4,66,938/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.3,09,338/- 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. - 8 - HC-KAR NC: 2025:KHC-D:7562 MFA No. 102544 of 2015 14. In the result, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award dated 23.04.2015 passed in MVC No.42/2013 on the file of Senior Civil Judge and MACT, Raibag, stands modified. iii. The appellant/claimant is entitled for total compensation of Rs.4,66,938/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv. Respondent No.1/insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. v. No order as to costs. vi. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 24