- 1 - HC-KAR NC: 2025:KHC-D:7878 MFA No. 102804 of 2014 C/W MFA.CROB No. 100070 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. 102804 OF 2014 (MV-I) C/W MFA CROSS OBJ NO. 100070 OF 2016 IN MFA NO. 102804 OF 2014: BETWEEN: THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., ENKAY COMPLEX, KESHWAR, HUBLI, REPRESENTED BY ITS DIVISIONAL MANAGER. … APPELLANT (BY SRI SHARNAPPA S. KOLIWAD, ADVOCATE) AND: 1. VEERANAGOUDA M. S/O MALLAPPA, AGE: 38 YEARS, OCC: COMPANY EMPLOYER, R/O: DWARAHALLI, TQ: SORABA, DIST: SHIMOGGA, NOW AT RANEBENNUR. 2. PARAMESHWARAPPA K.C. S/O CHANNAPPA K., AGE: MAJOR, OCC: BUSINESS, R/O: SAMANAVALLI, TQ: SORABA, DIST: SHIMOGA, (OWNER OF AUTO RIKSHAW BEARING NO. KA-15/5334). … RESPONDENTS (BY SRI SHIVASAI M. PATIL, ADVOCATE FOR R2; R1 – NOTICE SERVED.) 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 30.10.2013, PASSED Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7878 MFA No. 102804 of 2014 C/W MFA.CROB No. 100070 of 2016 IN MVC NO.142/2012, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR AND ETC.,. IN MFA CROB NO. 100070 OF 2016: BETWEEN: VEERANAGOUDA M. S/O MALLAPPA, AGE: 40 YEARS, OCC: PRIVATE EMPLOYEE, R/O: DWARAHALLI, TQ: SORAB, NOW AT RANEBENNUR. … CROSS OBJECTOR (BY SRI G.S.HULMANI, ADVOCATE.) AND: 1. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., ENKAY COMPLEX, KESHWAPUR, HUBBALLI. 2. PARAMESHWARAPPA K.C. S/O CHANNAPPA K., AGE: MAJOR, OCC: BUSINESS, R/O: SAMANAVALLI, TQ: SORABA, DIST: SHIMOGA. … RESPONDENTS (BY SRI S.S. KOLIWAD, ADVOCATE FOR R1; SRI SHIVASAI M. PATIL, ADVOCATE FOR R2.) THIS CROSS OBJECTION IN MFA NO.102804/2014 IS FILED UNDER ORDER 41 RULE 22 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO DISMISS THE APPEAL FILED BY THE INSURANCE COMPANY, ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND DECREE DATED 30.10.2013, PASSED IN MVC NO.142/2012, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR AND ETC.,. THIS APPEAL AND CROSS OBJECTOR COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7878 MFA No. 102804 of 2014 C/W MFA.CROB No. 100070 of 2016 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) These appeal and cross objection are filed by the insurance company and the claimant challenging the judgment and award dated 30.10.2013, passed by the Principal Senior Civil Judge and Additional MACT, Ranebennur, in MVC No.142/2012, questioning the liability to pay compensation and seeking for enhancement of compensation, respectively. 2. Heard the arguments of learned counsels appearing for both the sides and perused the material placed before the Court. 3. For the purpose of convenience and easy reference, ranking of the parties is referred to as per their status before the tribunal. 4. In this case, occurrence of accident, injuries sustained by the claimant in the accident are not in dispute. - 4 - HC-KAR NC: 2025:KHC-D:7878 MFA No. 102804 of 2014 C/W MFA.CROB No. 100070 of 2016 5. In the present case the offending vehicle is a passenger auto rickshaw and the driver of the auto rickshaw was having driving licence to drive LMV (non transport) vehicle. The challenge by the appellant insurance company is that the driver did not have the driving licence to drive LMV (transport) vehicle. The issue is squarely covered by the decision of the Hon’ble Supreme Court in the case of Mukund Dewangan vs. Oriental Insurance Company Limited, (2017) 14 Supreme Court Cases 663. Therefore, the appeal filed by the insurance company is liable to be dismissed. 6. With regard to quantum of compensation is concerned, in the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. “Fracture of right condylar of tibia with fracture of L1 and L2 vertebra.” 7. The tribunal has awarded compensation under various heads as under: - 5 - HC-KAR NC: 2025:KHC-D:7878 MFA No. 102804 of 2014 C/W MFA.CROB No. 100070 of 2016 Sl. No. Heads. Amount in (Rs.) 1. Towards injury, pain and agony. 25,000 2. Towards medical expenses. 51,000 3. Towards attendant charges, food and nutritious and travelling expenses, etc.,. 10,000 4. Towards loss of income during laid up period. 10,000 5. Towards loss of income due to permanent disability. 81,000 6. Towards loss of future amenities and physical discomfort. 15,000 Total: 1,92,000 8. Considering the nature of injuries sustained, compensation awarded by tribunal is on lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 9. Considering the injuries sustained, a compensation of Rs.40,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.51,000/- is as per the actual bills and receipts produced; therefore, the same is kept intact. - 6 - HC-KAR NC: 2025:KHC-D:7878 MFA No. 102804 of 2014 C/W MFA.CROB No. 100070 of 2016 Further, Rs.15,000/- towards incidental expenses like food, nourishment, travelling, attendant charges, etc., is awarded. 10. The doctor PW.3 has stated that the claimant had suffered disability of 30% in respect of right leg region and 20% in respect of spin region and permanent physical disability of 40%. The tribunal considered permanent disability at 10% only. Considering the injuries suffered by the claimant, the disability considered by the tribunal at 10% is on lower side. The same is to be considered at 18%. Therefore, considering the evidence of the doctor and the injuries sustained by the claimant, 18% functional disability is taken into consideration as the claimant had suffered fracture and injuries as stated above. 11. The accident is caused on 14.07.2011. The claimant was working in a private company. He has not produced any proof of income. Therefore, in the absence of proof of income, notional income of Rs.6,000/- per month is to be taken into consideration for the accident year 2011, which is recognized by the Karnataka State Legal Service - 7 - HC-KAR NC: 2025:KHC-D:7878 MFA No. 102804 of 2014 C/W MFA.CROB No. 100070 of 2016 Authority. The claimant was aged 37 years at the time of accident. Therefore appropriate applicable multiplier is 15. Hence, loss of future income due to disability is hereby re-assessed and quantified as Rs.1,94,400/- (Rs.6,000 x 18% x 12 x 15). 12. Further, a sum of Rs.18,000/- is awarded towards loss of income during laid up period for a period of three months (Rs.6,000/- x 3 months). 13. 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. 15,000 3. Medical expenses and hospital charges. 51,000 4. Loss of income during laid up period and medical treatment period. 18,000 5. Incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 15,000 6. Loss of future earning capacity. 1,94,400 Total: 3,33,400 - 8 - HC-KAR NC: 2025:KHC-D:7878 MFA No. 102804 of 2014 C/W MFA.CROB No. 100070 of 2016 14. Therefore, the claimant is entitled for total compensation of Rs.3,33,400/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,92,000/- 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. 15. In the result, I proceed to pass the following: ORDER i) The appeal in MFA No.102804/2014 filed by the insurance company is dismissed. ii) The cross objection in MFA CROB No.100070/2016 filed by the claimant is allowed in part. iii) The judgment and award dated 30.10.2013, passed by the Principal Senior Civil Judge and Additional MACT, Ranebennur, in MVC No.142/2012, is modified. - 9 - HC-KAR NC: 2025:KHC-D:7878 MFA No. 102804 of 2014 C/W MFA.CROB No. 100070 of 2016 iv) The claimant is entitled for total compensation of Rs.3,33,400/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,92,000/- awarded by the Tribunal. v) The claimant is not entitled for interest for the delayed period of 405 days in filing the cross objections. vi) The insurance company shall deposit the compensation amount within a period of eight weeks from the date of receipt of a copy of this judgment. vii) Send a copy of this judgment and award to the tribunal. viii) The amount in deposit, if any, shall be transmitted to the concerned tribunal for disbursement. ix) No order as to costs. - 10 - HC-KAR NC: 2025:KHC-D:7878 MFA No. 102804 of 2014 C/W MFA.CROB No. 100070 of 2016 x) Draw modified award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 39