- 1 - NC: 2025:KHC-D:2364 MFA No. 102193 of 2020 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.102193 OF 2020 (MV-I) BETWEEN: SAYYADSAB S/O. DAVALSAB AGASANAHALLI, AGE: 60 YEARS, OCC: VEGETABLE VENDOR, R/O AT: VENKATAPUR, POST: SHINGANALLI, TQ: DHARWAD. …APPELLANT (BY SRI CHANDRASHEKHAR S.NAGASHETTI, ADVOCATE) AND: 1. MR. RATHOD GOVIND REVU, AGE: MAJOR, OCC: BUSINESS, R/O AT: RADI TANDA, TQ: AMBAIOGAI, DIST: BEED, STATE: MAHARASHTRA. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD., ANKOLA ARCADE, OPPOSITE DISTRICT COURT, DHARWAD, PINCODE-580001. …RESPONDENTS (BY SRI S.S. JOSHI, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCED THE COMPENSATION AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD, DATED 17.09.2019 IN MVC NO.288/2015 AND AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. 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:2364 MFA No. 102193 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 17.09.2019, passed by the IV Additional District and Sessions Judge and Additional MACT, Dharwad, in MVC No.288/2015, 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 and 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 has sustained degloving injury left thigh with closed comminuted fracture mid shaft left tibia fracture with segmental fibula fracture with type II open medical malleolus. The tribunal has awarded compensation of Rs.2,17,768/- along with - 3 - NC: 2025:KHC-D:2364 MFA No. 102193 of 2020 interest at 6% per annum, which is on the lower side and contrary to the medical evidence on record. 5. The Doctor has stated that the claimant has suffered permanent physical disability to the extent of 20% to the lower limb. Therefore, taking note of the same, it is just and proper to re-assess the functional disability of the claimant at 15% to the whole body, considering that the claimant is doing vegetable business by profession. Therefore, the judgment and award requires to be modified by enhancing the quantum of compensation. 6. Considering the injuries sustained, a compensation of Rs.40,000/- is awarded towards pain and suffering. The compensation awarded towards medical expenses at Rs.96,368/- is kept in-tact. Further, Rs.20,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.22,500/-(7,500x3) towards loss of income during laid - 4 - NC: 2025:KHC-D:2364 MFA No. 102193 of 2020 up period is awarded. The claimant is entitled for a sum of Rs.25,000/- towards loss of amenities. 7. The accident is caused in the year 2014. Therefore, notional income of Rs.7,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 58 years at the time of accident. Therefore, appropriate applicable multiplier is ‘9’. Hence, loss of future income due to disability is reassessed as under: Rs.7,500 x 12 x 9 x 15% = Rs.1,21,500/- 8. 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. 40,000 2. Towards medical expenses. 96,368 3. Towards loss of amenities. 25,000 4. Towards loss of income during laid up period 22,500 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc. 20,000 6. Towards loss of future earning capacity. 1,21,500 Total: 3,25,368 - 5 - NC: 2025:KHC-D:2364 MFA No. 102193 of 2020 9. Therefore, the claimant is entitled for total compensation of Rs.3,25,368/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,17,768/- awarded by the Tribunal. The Insurance Company is directed to deposit the enhanced compensation within eight weeks from the date of receipt of a certified copy of this judgment. 10. In the result, I proceed to pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 17.09.2019, passed by the IV Additional District and Sessions Judge and Additional MACT, Dharwad, in MVC No.288/2015 stands modified. iii. The claimant is entitled for total compensation of Rs.3,25,368/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv. The insurance company shall deposit the enhanced amount within a period of eight - 6 - NC: 2025:KHC-D:2364 MFA No. 102193 of 2020 weeks from the date of receipt of a copy of this judgment. v. Send a copy of this judgment to the Tribunal. vi. No order as to costs. vii. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 1 Sl No.: 50