- 1 - NC: 2025:KHC-D:593 MFA No. 101803 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101803 OF 2024 (MV-I) BETWEEN: SHRI SURESH S/O. KANTAPPA SUTAR, AGE: 27 YEARS, OCC: CARPENTER BUSINESS NOW NIL, R/O: MEKHALI, TQ. RAIBAG, DIST: BELAGAVI – 593107. …APPELLANT (BY SRI SANTOSH S. HATTIKATAGI, ADVOCATE) AND: 1. SHRI MOINUDDIN S/O. DASTAGIRSAB KHAZI, AGE: 64 YEARS, OCC: BUSINESS, R/O: HULIKATTI, TQ. GOKAK, DIST. BELAGAVI - 593107. 2. THE DIVISION MANAGER, NATIONAL INSURANCE COMPANY LIMITED, HAVING ITS DIVISION OFFICE AT GOKAK, 1ST FLOOR, MATRU CHAYA, BUS STAND ROAD, GOKAK, DIST: BELAGAVI – 572101. …RESPONDENTS (BY SRI RAJESH B.RAJANAL, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD PASSED BY SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, RAIBAG, IN MVC NO.1265/2020 DATED 11.08.2022 BY ENHANCING THE COMPENSATION AND ETC., THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:593 MFA No. 101803 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though this appeal is listed for admission, with consent of learned counsel for the parties, it is taken up for final disposal. 2. This appeal is filed by the claimant challenging the judgment and award dated 11.08.2022, passed by the Senior Civil Judge and MACT, Raibag, in MVC No.1265/2020, 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. 5. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. - 3 - NC: 2025:KHC-D:593 MFA No. 101803 of 2024 “Open Compound fracture type 3 of left femur bone, Open Compound fracture type 2 of left Tibia bone with implants in situ, crush injury of left foot with fracture of 2, 3, and 4th metatarsal bones of left foot with dislocation of Metatarso Phalyngeal joint great toe and also sustained other grievous injuries on his whole body and also underwent operations” 6. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Injury, pain and sufferings. 40,000/- 2. Loss of amenities 20,000/- 3. Loss of Income during laid up period 15,000/- 4. Attendant, Diet, Nourishment charges and Conveyance etc,. 19,000/- 5. Medicines and Medical Expenses 2,42,050/- 6. Loss of future income 8,10,810/- Total: 11,46,860/- 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 - NC: 2025:KHC-D:593 MFA No. 101803 of 2024 8. Considering the injuries sustained, a compensation of Rs.60,000/- towards pain and suffering, Rs.60,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.2,42,050/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.29,000/- towards incidental expenses like food, nourishment, diet and attendant charges, etc., and Rs.53,000/- towards loss of income during laid up period for a period of four months, is awarded. 9. The doctor has stated that the claimant had suffered 85% of physical disability to the whole body. Therefore, considering the evidence of the doctor, 40% functional disability is taken into consideration as the claimant had suffered three fractures along with other grievous injuries. 10. Accordingly as per the age group mentioned in National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme - 5 - NC: 2025:KHC-D:593 MFA No. 101803 of 2024 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 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. 11. The accident is caused in the year 2019. Therefore, notional income of Rs.13,250/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 23 years old at the time of accident. Therefore appropriate applicable multiplier is 18. Hence, loss of - 6 - NC: 2025:KHC-D:593 MFA No. 101803 of 2024 future income due to disability is hereby reassessed and quantified as Rs.16,02,720/- (Rs.13,250/- + 40% x 40% x 12 x 18). 12. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Injury, pain and sufferings. 60,000/- 2. Loss of amenities 60,000/- 3. Loss of Income during laid up period 55,000/- 4. Attendant, Diet, Nourishment charges and Conveyance etc,. 29,000/- 5. Medicines and Medical Expenses 2,42,050/- 6. Loss of future income 16,02,720/- Total: 20,48,770/- 13. Therefore, the claimant is entitled for total compensation of Rs.20,48,770/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.11,46,860/- 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. - 7 - NC: 2025:KHC-D:593 MFA No. 101803 of 2024 14. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 11.08.2022, passed by the Senior Civil Judge and MACT, Raibag, in MVC No.1265/2020 stands modified. iii) The claimant is entitled for total compensation of Rs.Rs.20,48,770/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against Rs.11,46,860/- awarded by the Tribunal. iv) The claimant is not entitled for interest for the delayed period of 530 days in filing the appeal. v) The insurance company shall deposit the amount within a period of eight weeks - 8 - NC: 2025:KHC-D:593 MFA No. 101803 of 2024 from the date of receipt of a copy of this judgment. vi) Send back the trial Court records along with a copy of this judgment. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 2 Sl No.: 36