- 1 - NC: 2025:KHC-D:649-DB MFA No. 100635 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 100635 OF 2019 (MV-I) BETWEEN: 1. SHRI. LAKKAPPA S/O. RAMAPPA JUNJARAWAD, AGE: 46 YEARS, OCC: SENIOR ACCOUNTANT, (NOW NIL), R/O. A/P: SHIVAPUR VILLAGE, TQ: GOKAK, DIST: BELAGAVI. SINCE MENTALLY DISABLED REPRESENTED BY HIS FATHER SHRI RAMAPPA S/O. LAKKAPPA JUNJARAWAD, AGE: 78 YEARS, OCC: NIL, R/O. A/P: SHIVAPUR VILLAGE, TQ: GOKAK, DIST. BELAGAVI. 2. SMT. LALITA W/O. LAKKAPPA JANJARAWAD, AGE: 39 YEARS, OCC: HOUSEHOLD, R/O. A/P: SHIVAPUR VILLAGE, TQ: GOKAK, DIST: BELAGAVI. …APPELLANTS (BY SRI. H. D. PATIL, ADVOCATE) AND: 1. SHRI. JAGADISH S/O. BASAPPA KADEMANI, AGE: MAJOR, OCC: BUSINESS, Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:649-DB MFA No. 100635 of 2019 PROP. OF SHREE TYRE RETRADERS, H.NO.153, RAMESHWAR COLONY, JAMAKHANDI, DIST: BAGALKOT-587301. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., HAVING ITS DIVISIONAL OFFICE AT P. B. NO.1568, SITA SMRITI, MARUTI GALLI, BELAGAVI. …RESPONDENTS (BY SMT. RATNAMALA G. H., ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION OF RS.19,79,593/- TO RS.75,00,000/- BY MODIFYING THE JUDGMENT AND AWARD PASSED BY THE HON’BLE III ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, BELAGAVI IN M.V.C NO.1593/2016 DATED 31.10.2018, AND CONSEQUENTLY GRANT THE ENTIRE COMPENSATION IN FAVOUR OF THE APPELLANT/PETITIONER 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 B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:649-DB MFA No. 100635 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This appeal is by the injured claimant in MVC No.1593/2016 on the file of the III Additional Senior Civil Judge and Additional MACT, Belagavi [for short, ‘the Tribunal’]. The Tribunal, by the impugned judgment and award dated 31.10.2018, has granted a total sum of Rs.19,79,593/- as compensation along with interest at 6% per annum to the claimants holding that both the first and the second respondents [the Owner and Insurer of the Offending Vehicle] will be jointly and severally liable to pay compensation. The Tribunal has directed the second respondent [the Insurer] to deposit the compensation amount within three months. The Tribunal has awarded the above said amount of Rs.19,79,593/- under the following heads: Sl.NO. VARIOUS HEADS AMOUNT [Rs] 1. Pain and sufferings 70,000/- 2. Loss of amenities 50,000/- 3. Loss of future earnings 11,76,000/- 4. Loss of income during laid off period 1,20,000/- 5. Medical expenses 5,13,593/- 6. Attendant & Misc. Expenses 50,000/- TOTAL 19,79,593/- - 4 - NC: 2025:KHC-D:649-DB MFA No. 100635 of 2019 2. Sri.H.D.Patil, the learned counsel for the appellant, submits that the only question for consideration is whether there must be an enhancement in the compensation granted by the Tribunal, because the respondents do not dispute that the appellant has suffered fractures in his left forearm and right leg in a road accident on 27.01.2016 when he was riding his motorcycle. The learned counsel also emphasises that the first respondent is the owner of the offending vehicle, which is a goods-vehicle, that the second respondent is the Insurer, and that neither has disputed that this vehicle was insured and that the driver was duly licensed. 3. On the question of enhancement in the compensation, Sri.H.D.Patil contends that the appellant has suffered five fractures, but the Tribunal has awarded Rs.70,000/- towards pain and suffering and that reasonable compensation under this head should be much higher. The learned counsel also contends that the Tribunal has rightly taken the appellant’s monthly income at Rs.20,000/- as he - 5 - NC: 2025:KHC-D:649-DB MFA No. 100635 of 2019 was working as a Senior Accountant with a Sugar Factory, but has not added future prospects and that the addition towards future prospects, given appellant’s age, should be 25% of the income. 4. Smt. G.H, Ratnamala the learned counsel for the Insurer, is heard in the light of these contentions, and the learned counsel submits that this Court may consider that vide order dated 15.07.2024 in this appeal the appellant is directed to appear before a Medical Board but the appellant has not appeared. As regards the addition towards future prospects, the learned counsel cannot refute that the appellant would be entitled to addition at 25% of the income because as opined by the Tribunal, he has suffered a permanent disability of 35% with the fracture of both forearm and fracture of tibia closer to the ankle joint. 5. The rival submissions are considered in deciding whether there must be an enhancement in the compensation awarded by the Tribunal to the appellant, and if there should, under what heads and the extent of - 6 - NC: 2025:KHC-D:649-DB MFA No. 100635 of 2019 enhancement. This Court must opine that there is considerable force in Smt.G.H.Ratnamala’s submission that there must be no inference with the Tribunal’s award towards pain and suffering because the appellant has chosen not to appear before the Medical Board. 6. This Court is of the considered view that the appellant, who is seeking compensation asserting that he has suffered a higher decree of permanent disability than 35%, should have appeared before the Medical Board and offered himself for examination especially with the contention that he has also suffered certain head injuries, and if the appellant has not appeared there should be just inference. This Court is therefore not persuaded to interfere with the grant of compensation on any other head except under the head of loss of future income. 7. The compensation under this head must be computed with the addition towards future prospects at 25% because the appellant, who has suffered a 35% of permanent disability according to the Tribunal, was - 7 - NC: 2025:KHC-D:649-DB MFA No. 100635 of 2019 employed drawing a salary and was aged of 41 years at the time of the accident. The loss of future income will be Rs.14,70,000/-, and when computed thus. Description Amount [ Rs] Appellant's Monthly Income ₹20,000.00 Addition Towards Future Prospects 25% ₹5,000.00 Appellant's Annual Income with addition towards Future Income ₹3,00,000.00 Multiplier 14 ₹42,00,000.00 Percentage of Disability 35% Appellant's Loss of Future Income ₹14,70,000.00 Consequentially, the enhancement in the compensation will be as follows: Various Heads Amount (in Rs.) by the Tribunal Enhancement by this Court Amount (in Rs) in Bold Pain and sufferings 70,000 70,000 Loss of amenities 50,000 50,000 Loss of future earnings 11,76,000 14,70,000 Loss of income during laid off period 1,20,000 1,20,000 Medical expenses 5,13,593 5,13,593 Attendant & Misc. Expenses 50,000 50,000 19,79,593 22,73,593 Enhancement 2,94,000 - 8 - NC: 2025:KHC-D:649-DB MFA No. 100635 of 2019 The insurer has not disputed its liability and as such must be called upon to deposit Rs.2,94,000/- within a reasonable time along with interest at 6% per annum. Hence, the following: ORDER [A] The appeal is allowed. [B] The appellant is awarded enhanced compensation in a sum of Rs.2,94,000/- along with interest at 6% per annum from the date of the application with the Tribunal to the date of deposit. [C] The insurer [the second respondent] is called upon to deposit the amount with the Tribunal within eight weeks from the date of receipt of a certified copy of this order. - 9 - NC: 2025:KHC-D:649-DB MFA No. 100635 of 2019 [D] The Registry is directed to draw award accordingly and transmit the Trial Court Records [TCR] expeditiously to the Tribunal. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PJ/ct-An List No.: 1 Sl No.: 38