- 1 - HC-KAR NC: 2025:KHC-D:7565 MFA No. 101556 of 2018 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. 101556 OF 2018 (MV-I) BETWEEN: NANDARAYAPPA S/O SANGAPPA PADASALI, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: MARUTI GALLI, JAMKHANDI TQ: JAMKHANDI, DIST: BAGALKOT 587 301. … APPELLANT (BY SRI. SIDDAPPA S. SAJJAN, ADVOCATE) AND: 1. GANAPATI S/O IRAPPA MANAGULI, AGE: 40 YEARS, OCC: BUSINESS, R/O: KOSTI GALLI, NEAR SIDDAMUTTYA TEMPLE, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOT-587 301. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, NEAR KEB, MYSORE BANK CIRCLE, NAVANAGAR, BAGALKOT-587 301. … RESPONDENTS (BY SRI. R.R. MANE, ADVOCATE FOR R2; R1-DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, MODIFYING THE JUDGMENT AND AWARD DATED 04.11.2017 PASSED IN MVC NO.295/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AND MOTOR ACCIDENT CLAIMS TRIBUNAL NO.V, AT JAMKHANDI. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7565 MFA No. 101556 of 2018 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 04.11.2017 passed in MVC No.295/2016 on the file of Principal Senior Civil Judge and JMFC and MACT-V, Jamakhandi (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:7565 MFA No. 101556 of 2018 5. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries: i. “Communated fracture of left interochanteric femur. ii. Left lower limb externally rotated, shortening swelling of upper thigh. iii. Tenderness around trochanteric high movement nor possible.” 6. The tribunal has awarded compensation under various heads as under: 1. Pain and suffering including attendance charges. Rs.25,000/- 2. Medical expenses. Rs.1,60,884/- 3. Other expenditures. Rs.10,000/- 4. Loss of future income. Rs.1,63,800/- Total: 3,59,684/- Rounded up to 3,60,000/- 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. - 4 - HC-KAR NC: 2025:KHC-D:7565 MFA No. 101556 of 2018 8. Considering the injuries sustained, a compensation of Rs.60,000/- towards pain and suffering, Rs.35,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.1,60,884/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.25,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.32,000/- towards loss of income during laid up period for a period of 4 months, is awarded. 9. The accident occurred on 28.01.2015. PW-2/Doctor has given evidence and he has stated that the claimant has suffered communated fracture of left interochanteric femur and stated that he has suffered 38% of permanent physical disability to the left lower limb, but the Tribunal has committed an error in considering only 13% towards permanent physical disability to the whole body. Therefore, considering the evidence of the PW-2/Doctor and also Ex.P-14/disability certificate, 18% - 5 - HC-KAR NC: 2025:KHC-D:7565 MFA No. 101556 of 2018 permanent physical disability is taken into consideration as the claimant had suffered grievous injuries such as communated fracture of left interochanteric femur, left lower limb externally rotated, shortening swelling of upper thigh and tenderness around trochanteric high movement nor possible. 10. The accident is caused in the year 2015. Therefore, notional income of Rs.8,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 44 years at the time of accident. Therefore appropriate applicable multiplier is 14. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.2,41,920/- (Rs.8,000/- x 18% x 12 x 14). 11. 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. 60,000/- - 6 - HC-KAR NC: 2025:KHC-D:7565 MFA No. 101556 of 2018 2. Towards medical expenses. 1,60,884/- 3. Towards loss of amenities. 35,000/- 4. Towards loss of income during laid up period and medical treatment period. 32,000/- 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 25,000/- 6. Towards loss of future earning capacity. 2,41,920/- Total: 5,54,804/- 12. Therefore, the appellant/claimant is entitled for total compensation of Rs.5,54,804/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.3,60,000/- 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 04.11.2017 passed in MVC No.295/2016 on the file of Principal Senior Civil Judge - 7 - HC-KAR NC: 2025:KHC-D:7565 MFA No. 101556 of 2018 and JMFC and MACT-V, Jamakhandi, stands modified. iii. The appellant/claimant is entitled for total compensation of Rs.5,54,804/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv. Respondent No.2/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. vii. In view of disposal of the appeal pending IAs’, if any, shall stand disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 30