- 1 - HC-KAR NC: 2024:KHC-D:18619 MFA No. 23618 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 23618 OF 2012 (MV-I) BETWEEN: SHRI LAXMAN TAYAPPA AKKENNWAR, AGE: 43 YEARS, OCC: PROFESSION, R/O: ASHARAY BUILDING, KALI AMBRAI, BELGAUM. … APPELLANT (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. SHRI SADASHIV MAHADEVAPPA HUNGUND, AGE: 41 YEARS, OCC: BUSINESS, R/O: CHOWKIMATHONI, AT AND POST: YADWAD, TAL: GOKAK, DIST: BELGAUM. 2. THE MANAGER, ORIENTAL INSURANCE CO. LTD., 2ND FLOOR, MADIWALE ARCADE, CLUB ROAD, BELGAUM. … RESPONDENTS (BY SRI. N.R. KUPPELUR, ADVOCATE FOR R2; R1-DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO MODIFY BY ENHANCING THE JUDGMENT AND AWARD DATED: 02- 05-2012 PASSED IN MVC NO.1581/2011 ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE AND MACT-V, BELGAUM. THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2024:KHC-D:18619 MFA No. 23618 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This Miscellaneous First Appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 02.05.2012 passed in MVC No.1581/2011 on the file of IV Additional District and Sessions Judge and MACT-V, Belgaum (hereinafter referred to as the ‘Tribunal’), 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 injury. “Fracture of left frontal and maxillary sinus, left periorbial fracture, left ZMC fracture and fracture of left clavicle bone and other injuries.” - 3 - HC-KAR NC: 2024:KHC-D:18619 MFA No. 23618 of 2012 5. The Tribunal after considering the facts and circumstances and evidence on record, has awarded total compensation of Rs.1,06,000/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, under the following heads: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and sufferings 50,000/- 2. Towards medical expenses. 21,000/- 3. Towards future medical expenses 5,000/- 4. Towards loss of income during laid up period. 10,000/- 5. Towards attendant charges, conveyance, nourishment. 5,000/- 6. Towards loss of amenities in the life and expectancy of life. 15,000/- Total: 1,06,000/- 6. The claimant is working as an advocate and investigator on Insurance Panel and was earning Rs.10,000/- per month as on the date of accident. Considering the fact that the claimant was inpatient for a period of 5 days in the hospital, the compensation awarded by the Tribunal under the aforesaid heads is on lower side. 7. Upon considering the injuries sustained and amount of compensation awarded by the Tribunal on aforesaid heads, - 4 - HC-KAR NC: 2024:KHC-D:18619 MFA No. 23618 of 2012 which are on the lower side, the claimant is entitled to enhanced compensation on the correct parameters. 8. There is no dispute with regard to the accident in question resulting in injuries to the claimant. The Tribunal has not assessed the loss of income due to disability of the claimant. The claimant examined one doctor as PW.3 and produced Wound Certificate as Ex.P5. PW3 has deposed that the appellant/claimant has sustained fracture of left frontal and maxillary sinus, left periorbial fracture, left ZMC fracture and fracture of left clavicle bone and other injuries. On examination, PW.3 has opined that the claimant has sustained 30% disability and PW.4 has opined that he has examined the claimant for the purpose of disability and assessed his disability on account of clavicle bone fracture to the extent of 20% to left upper limb. This Court taking note of oral evidence of PW.3 and PW.4 and Ex.P5-Wound Certificate is of the considered view that it would be just and appropriate to assess the disability of the injured at 10%. The Tribunal has rightly assessed the income of the claimant/injured at Rs.10,000/- per month. Age of the injured as 42 years as on the date of accident and applicable multiplier - 5 - HC-KAR NC: 2024:KHC-D:18619 MFA No. 23618 of 2012 is 14. Thus, loss of future income due to disability is recomputed as under: Rs.10,000 (income) x 12(months) x 14(multiplier) x 10% (disability) = Rs.1,68,000/- 9. Considering the nature of injuries sustained, the compensation of Rs.50,000/- awarded by the Tribunal under the head 'pain and suffering’ is on the lesser side. The same is enhanced to Rs.60,000/-. 10. The compensation awarded under the heads of ‘Medical Expenses and loss of future earning or towards disability’ is as per the medical bills and records produced by the claimant and the same is kept intact. 11. Considering the fact that the claimant was inpatient for a period of 5 days in the hospital, the compensation awarded by the Tribunal under the head ‘incidental expenses’ like attendant charges, food, nourishment of Rs.5,000/-. The same is enhanced to Rs.10,000/-. 12. The compensation of Rs.15,000/- awarded by the Tribunal under the head 'Loss of Amenities' is on the lesser - 6 - HC-KAR NC: 2024:KHC-D:18619 MFA No. 23618 of 2012 side. It is just and proper to award a sum of Rs.20,000/- under the said head. 13. The compensation of Rs.10,000/- awarded by the Tribunal under the head 'Loss of income during laid up period’ is on the lesser side. It is just and proper to award a sum of Rs.20,000/- (Rs.10,000 X 2 months) under the said head. 14. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Loss of future income due to disability. 1,68,000/- 2. Pain and sufferings. 60,000/- 3. Loss of amenities. 20,000/- 4. Medical expenses. 21,000/- 5. Future medical expenses. 5,000/- 5. Incidental expenses i.e., food Nourishment & Attendant charges. 10,000/- 6. Loss of income during laid up period 20,000/- Total: 3,04,000/- 15. Therefore, the appellant/claimant is entitled to total compensation of Rs.3,04,000/- along with interest @ 6% p.a., from the date of petition till its realization, as against Rs.1,06,000/- awarded by the Tribunal. 16. Accordingly, I proceed to pass the following: - 7 - HC-KAR NC: 2024:KHC-D:18619 MFA No. 23618 of 2012 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 02.05.2012, passed in MVC No.1581/2011 on the file of IV Additional District and Sessions Judge and MACT- V, Belgaum, stands modified. iii. The claimant is entitled to total compensation of Rs.3,04,000/- along with interest at the rate of 6% per annum from the date of petition till deposit as against Rs.1,06,000/- awarded by the Tribunal. iv. The respondent/insurance company shall deposit the compensation amount along with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. v. On such deposit, the same shall be released in favour of the appellant. vi. Draw modified award accordingly. vii. No order as to costs. - 8 - HC-KAR NC: 2024:KHC-D:18619 MFA No. 23618 of 2012 viii. Pending applications, if any, in the above appeals are disposed off, as not surviving for consideration. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 58