- 1 - HC-KAR NC: 2025:KHC-D:7347 MFA No. 22363 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 22363 OF 2012 (MV) BETWEEN: MANJUNATH S/O THIPPANNA SOMANAKOPPA, AGED ABOUT 23 YEARS, SINCE UNSOUND PERSON, REP. BY HIS FATHER AND NATURAL GUARDIAN THIPPANNA SOMANAKOPPA, AGED ABOUT 52 YEARS, CHAVARAGUDDA TALUK, HUBBALLI, DIST: DHARWAD. … APPELLANT (BY SRI. SMT. SOUBHAGYA VAKKUND, ADVOCATE FOR SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) AND: 1. RAVI S/O SHIVAJI SOMAJIYAVAR, MAJOR, OWNER OF THE MINI DOOR AUTO BEARING NO.KA-25/B-4678, R/O: H.NO.157, NADUVINA ONI, MANAGUNDI, DHARWAD. 2. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., OPP. TO KITTEL COLLEGE, P.B. ROAD, DHARWAD. … RESPONDENTS (BY SRI. S.V. YAJI, ADVOCATE FOR R2; R1-SERVED AND UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC.173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED: 18-11-2011 PASSED IN MVC NO.529/2007 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE CUM MEMBER, M.A.C.T., DHARWAD. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7347 MFA No. 22363 of 2012 THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant/appellant challenging the judgment and award dated 18.11.2011, passed by the Court of Principal District and Sessions Judge Cum MACT, Dharwad, in MVC No.529/2007, 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. “Cut lacerated wound on the right ankle, Communited fracture of mid shaft of right - 3 - HC-KAR NC: 2025:KHC-D:7347 MFA No. 22363 of 2012 calconium and swelling over the middle 1/3rd of left thigh with deformity.” 5. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and sufferings. 75,000/- 2. Medical expenses. 7,24,000/- 3. Food, nourishment & attendant charges. 50,000/- 4. Conveyance charges 10,000/- 5. Loss of future earning capacity. 4,32,000/- 6. Future medical expenses. 20,000/- Total: 13,11,000/- 6. In the accident, the claimant has suffered grievous injuries. The Tribunal has observed in evidence that the claimant was brought before the Court by two persons by physically lifting him. The Court has observed that the claimant was not in a position to speak and he did not respond to any questions of the Court. He has become a mentally retarded person. The claimant is not able to do his normal work like taking food, bathing and answering - 4 - HC-KAR NC: 2025:KHC-D:7347 MFA No. 22363 of 2012 the nature call and he always requires the assistance of somebody. Hence, considering the nature of injuries sustained, compensation awarded by the Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 7. The doctor has stated that the claimant had suffered 100% physical disability to the whole body. Therefore, considering the evidence of the doctor, 100% functional disability is taken into consideration as the claimant had suffered grievous injuries i.e., cut lacerated wound on the right ankle, Communited fracture of mid shaft of right calconium and swelling over the middle 1/3rd of left thigh with deformity.” 8. 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 judgment of this Court in New India Assurance Company Vs. Abdul S/o Mehaboob Tahasildar in MFA - 5 - HC-KAR NC: 2025:KHC-D:7347 MFA No. 22363 of 2012 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. Therefore, in view of the decision in Pranay Sethi (supra), the claimant is entitled for 40% of income to be added towards loss of future prospects. 9. Considering the injuries sustained, a compensation of Rs.1,00,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses is on the lower side. Hence, the compensation of Rs.7,24,000/- is awarded towards medical expenses. Further, Rs.75,000/- towards incidental expenses like food, nourishment, diet, attendant charges and conveyance - 6 - HC-KAR NC: 2025:KHC-D:7347 MFA No. 22363 of 2012 charges etc., and Rs.15,000/- towards future medical expenses, is awarded. 10. The accident is caused in the year 2007. Therefore, notional income of Rs.4000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 19 years old at the time of accident. Therefore appropriate applicable multiplier is 18. Hence, loss of future income due to disability is hereby reassessed as Rs.12,09,600/- (Rs.4,000/- + 40% x 100% x 12 x 18). 11. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and sufferings. 1,00,000/- 2. Loss of amenities. 25,000/- 3. Attendant, Diet, Nourishment charges and Conveyance etc,. 75,000/- 4. Medical Expenses. 7,24,000/- 5. Loss of future income due to disability. 12,09,600/- 6. Future medical expenses. 15,000/- Total: 21,48,600/- - 7 - HC-KAR NC: 2025:KHC-D:7347 MFA No. 22363 of 2012 12. Therefore, the claimant is entitled for total compensation of Rs.21,48,600/- along with interest at the rate of 6% p.a., from the date of filing of the petition till realization, as against Rs.13,11,000/- 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. 13. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 18.11.2011, passed by the Court of Principal District and Sessions Judge Cum MACT, Dharwad, in MVC No.529/2007, stands modified. iii) The claimant is entitled for total compensation of Rs.21,48,600/- along with interest at the rate of 6% p.a. from the - 8 - HC-KAR NC: 2025:KHC-D:7347 MFA No. 22363 of 2012 date of petition till its realization, as against Rs.13,11,000/- awarded by the Tribunal. 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 to the Trial Court. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 35