- 1 - NC: 2025:KHC-D:2293 MFA No. 22795 of 2012 C/W MFA No. 22764 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.22795 OF 2012 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.22764 OF 2012 IN M.F.A. NO.22795 OF 2012 BETWEEN: RELIANCE GENERAL INSURANCE COMPANY LTD., NO.40, 1ST FLOOR, SLV TOWERS, PARVATHI NAGAR, MAIN ROAD, BELLARY, NOW REPRESENTED BY ITS DEPUTY MANAGER LEGAL CLAIMS, RELIANCE GENERAL INSURANCE CO. LTD., CTS # 472-474, V.A. KALABURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBLI-580029. …APPELLANT (BY SRI NAGARAJ C.KOLLOORI, ADVOCATE) AND: 1. SANNA MAREPPA S/O. EARAPPA, OCC: COOLIE, R/O: SANAVASAPURA VILLAGE, TQ: SIRUGUPPA, DIST: BELLARY. 2. NAGARAJ S/O. POMPANAGOUDA, AGE: 41 YEARS, OCC: DRIVER OF THE TRACTOR-TRAILER BEARING REGN. NO.KA-34/T-9320/7585, R/O: HALEKOTE VILLAGE, TQ: SIRUGUPPA, DIST: BELLARY. 3. HUVANNA S/O. ERAIAH, AGE: MAJOR, OCC: OWNER OF TRACTOR NO.KA-34/T-9320, R/O: NO.64, HALEKOTE VILLAGE, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2293 MFA No. 22795 of 2012 C/W MFA No. 22764 of 2012 TQ: SIRUGUPPA, DIST: BELLARY. 4. IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., 3RD FLOOR, OPP. LAXMI TEMPLE, DAJIBANPET, HUBLI-29, DIST: DHARWAD. 5. KURUBARA HUVANNA S/O. ERANNA, OCC: OWNER OF TRAILER BEARING REGN.NO.34/T-7585, R/O: HALEKOTE VILLAGE, TQ: SIRUGUPPA, DIST: BELLARY. …RESPONDENTS (BY SRI RAVINDRA R.MANE, ADVOCATE FOR R4; NOTICE TO R1 TO R3 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 16-02-2012 PASSED BY THE MEMBER, M.A.C.T.-XII, BELLARY, IN M.V.C.NO.730/2011 AND PASS SUCH OTHER ORDER OR ORDERS AS THIS COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE COSTS IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A. NO.22764 OF 2012 BETWEEN: SANNA MAREPPA S/O. EARAPPA, AGED ABOUT 51 YEARS, OCC: COOLIE, R/O: SHANAVASPUR VILLAGE, SIRUGUPPA TALUK, BELLARY DISTRICT. …APPELLANT (BY SRI S.L. MATTI, AMICUS CURIAE) AND: 1. NAGARAJ S/O. POMPANAGOUDA, AGE: 42 YEARS, OCC: DRIVER OF THE TRACTOR - 3 - NC: 2025:KHC-D:2293 MFA No. 22795 of 2012 C/W MFA No. 22764 of 2012 -TRAILER BEARING REG.NO.KA-34/T.9320/7585, R/O: HALEKOTE VILLAGE, SIRUGUPPA TALUK, BELLARY DISTRICT. 2. HUVANNA S/O. ERAIAH, AGE: MAJOR, OCC: OWNER OF THE TRACTOR BEARING REG. NO.KA.34/T.9320, R/O: HALEKOTE VILLAGE, SIRUGUPPA TALUK, BELLARY DISTRICT. 3. IFFCO TOKIO GENERAL INSURANCE CO. LTD., 3RD FLOOR, OPP: LAXMI TEMPLE, DAJIBANPET, HUBLI-29. 4. KURUBARA HUVANNA S/O. ERANNA, AGE: MAJOR, OCC: OWNER OF THE TRAILER BEARING REG. NO.KA-34/T.7585, R/O: HALEKOTE VILLAGE, SIRUGUPPA TALUK, BELLARY DISTRICT. 5. RELIANCE GENERAL INSURANCE CO. LTD., NO.40, 1ST FLOOR, SLV TOWERS, PARVATHI NAGAR, MAIN ROAD, BELLARY. …RESPONDENTS (BY SRI RAVINDRA R.MANE, ADVOCATE FOR R3; SRI NAGARAJ C.KOLLOORI, ADVOCATE FOR R4; NOTICE TO R1, R2 AND R4 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 16-02-2012 PASSED IN M.V.C.NO.730/2011 BY THE MACT-XII, BELLARY AND PASS SUCH OTHER ORDER OR ORDERS AS THIS COURT DEEMS FIT IN THE CIRCUMSTANCES, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 4 - NC: 2025:KHC-D:2293 MFA No. 22795 of 2012 C/W MFA No. 22764 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) These appeals are directed against common judgment and award dated 16.02.2012 passed in MVC No.730/2011 by the Member MACT-XII, Bellary (for short, ‘Tribunal’). 2. MFA No.22764/2012 is filed by the claimant seeking enhancement of compensation, whereas the insurer has also filed an appeal in MFA No.22795/2012 challenging the quantum of compensation. 3. On 20.11.2010 at about 02.45 to 3.00 p.m., the accident took place between motorcycle bearing Reg.No.KA35/S-647 and Tractor and Trailer bearing Reg.Nos.KA-34/T-9320, KA-34-T/7585 respectively. The Tribunal has held that the accident between the motorcycle and Tractor attached to Trailer, opposite to each other. The Tribunal has given a finding that the rider of motorcycle holding and driver of Tractor contributed negligence in the occurrence of the accident to an extent of 50:50. - 5 - NC: 2025:KHC-D:2293 MFA No. 22795 of 2012 C/W MFA No. 22764 of 2012 4. Heard the arguments and perused the material placed before the Court. 5. The accident is caused between the Tractor attached to Trailer, which is bigger vehicle and the motorcycle which is being a smaller vehicle, so having carried three persons on the motorcycle is not a contribution and negligence for the accident. The driver of Tractor and Trailer should be more cautious in driving the vehicle. Therefore, certainly it cannot be equal contributory negligence between the Tractor attached to Trailer and the motorcycle. Therefore, upon reappreciating evidence on record, the contributory negligence is fixed at 70% on the Tractor and Trailer and 30% on the rider of the motorcycle. The claimant was a pillion rider. Therefore, the contributory negligence is modified to the extent that the motorcycle rider has contributed 30% of negligence and the driver of Tractor attached to Trailer was 70% of negligence. 6. In the present case, from the medical evidence on record, it is proved that the claimant has sustained fracture of right femur with left supra condylar fracture of - 6 - NC: 2025:KHC-D:2293 MFA No. 22795 of 2012 C/W MFA No. 22764 of 2012 femur. The X-ray shows mal-united right fracture femur with implants in situ and mal-union left femur fracture with implant in situ with osteoarthritis changes in left knee joint. The tribunal has awarded compensation of Rs.1,60,980/- along with interest at 6% per annum, which is on the lower side and contrary to the medical evidence on record. 7. The Tribunal has awarded compensation under the following heads: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Towards injuries, pain and suffering 25,000/- 2. Towards medical expenses, attendant charges, conveyance, extra nourishment and miscellaneous charges. 10,000/- 3. For the loss of earnings during the period of hospitalization. 13,500/- 4. Towards loss of future amenities of life 25,000/- 5. Towards loss of future earning capacity at 18% 87,480/- Total Compensation 1,60,980/- 8. The Tribunal has stated that the claimant has suffered 18% disability. Therefore, taking note of the same, it is just and proper to re-assess the functional disability of - 7 - NC: 2025:KHC-D:2293 MFA No. 22795 of 2012 C/W MFA No. 22764 of 2012 the claimant at 15% to the whole body, considering that the claimant is a Labour by profession. Therefore, the judgment and award requires to be modified by enhancing the quantum of compensation. 9. Considering the injuries sustained, a compensation of Rs.25,000/- awarded towards pain and suffering is kept in-tact. The compensation is awarded towards medical expenses at Rs.8,000/-. Further, a sum of Rs.8,000/- is awarded towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.20,000/-(Rs.4,000 x 5 months) towards loss of income during laid up period is awarded. The claimant is entitled for a sum of Rs.30,000/- towards loss of amenities. 10. The accident is caused in the year 2010. Therefore, notional income of Rs.5,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Services Authority. The claimant was aged 50 years at the time of accident. Therefore, appropriate applicable multiplier is ‘9’. Hence, loss of future income due to disability is hereby reassessed and quantified as under: - 8 - NC: 2025:KHC-D:2293 MFA No. 22795 of 2012 C/W MFA No. 22764 of 2012 Rs.5,500 x 12 x 9 x 15% = Rs.89,100/- 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. 25,000 2. Towards medical expenses. 8,000 3. Towards loss of amenities. 30,000 4. Towards loss of income during laid up period 20,000 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc. 8,000 6. Towards loss of future earning capacity. 89,100 Total: 1,80,100 12. Therefore, the claimant is entitled for total compensation of Rs.1,80,100/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,60,980/- awarded by the Tribunal. 13. The Tractor is attached to Trailer. Though the impact between motorcycle and Tractor, but it cannot be ignored that the Tractor is attached to the Trailer. Therefore, the attachment of Trailer also contributes to the - 9 - NC: 2025:KHC-D:2293 MFA No. 22795 of 2012 C/W MFA No. 22764 of 2012 accident. Therefore, the insurer of Tractor shall pay 50% of 70% and insurer of the Trailer shall pay 50% of 70% compensation to the claimants. The owner of the motorcycle shall pay 30% of the compensation to the claimant. Accordingly, the judgment and award are modified. 14. In the result, I proceed to pass following: ORDER i. MFA No.22795/2012 filed by the Insurance company is dismissed. ii. MFA No.22764/2012 filed by the claimant is allowed in part. iii. The judgment and award dated 16.02.2012, passed by the Member MACT-XII, Bellary, in MVC No.730/2011 stands modified. iv. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till realization. v. The insurance company shall deposit the enhanced amount to the extent indicated - 10 - NC: 2025:KHC-D:2293 MFA No. 22795 of 2012 C/W MFA No. 22764 of 2012 above, within a period of eight weeks from the date of receipt of a copy of this judgment. vi. The amount in deposit by the insurer shall be transmitted to the Tribunal forthwith. vii. Send back the trial Court records along with a copy of this judgment. viii. No order as to costs. ix. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 1 Sl No.: 29