- 1 - HC-KAR NC: 2025:KHC-D:7815 MFA No. 101319 of 2015 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 101319 OF 2015 (MV-I) BETWEEN: SMT. VEERAMMA W/O THIPPESWAMY, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: BHEEMASAMUDRA VILLAGE, TQ: & DIST: CHITRADURGA. … APPELLANT (BY SRI VEERESH H.M., ADVOCATE.) AND: 1. H. LOKESH HANUMANTHAPPA, AGE: 25 YEARS, OCC: DRIVER, R/O: BILICHODU VILLAGE, JAGALUR TALUK, DAVANAGERE DISTRICT. 2. M.N. RAJU S/O P.C. LINGANA GOUDA, AGE: MAJOR, OCC: OWNER OF BUS, R/O: MEDAGINAKERE, JAGALUR TALUK, DAVANAGERE DISTRICT. 3. SRIRAM GENERAL INSURANCE COMPANY LIMITED, BY ITS MANAGER, SITHARAPUR INDUSTRIAL ESTATE, RAJASTHAN. … RESPONDENTS (BY SRI NAGARAJ C. KOLLOORI, ADVOCATE FOR R3; R1 AND R2 – NOTICE SERVED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 15/07/2014 PASSED Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7815 MFA No. 101319 of 2015 IN M.V.C. NO.413/2011 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL NO.V, AT BALLARI. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 15.07.2014, passed by the Motor Accident Claims Tribunal-V, Ballari, in MVC No.413/2011, 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. “Comminuted fracture of 1/3rd left humerus, injuries on left arm and elbow and other injuries all over the body.” - 3 - HC-KAR NC: 2025:KHC-D:7815 MFA No. 101319 of 2015 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 20,000 2. Medical expenses. 2,750 Total: 22,750 6. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Further, the tribunal has not awarded any compensation towards loss of future earning due to disability. Therefore, the same is required to be enhanced by modifying the judgment and award. 7. In the present case the claimant has not examined the doctor in support of the disability certificate Ex.P.16. Considering the factors that the claimant has suffered comminuted fracture of 1/3rd left humerus, injuries on left arm and elbow and other injuries all over the body and the claimant is an agriculturist, certainly due to fracture of humeres, the claimant must have suffered injuries which affects to the work of agricultural operations. Therefore, - 4 - HC-KAR NC: 2025:KHC-D:7815 MFA No. 101319 of 2015 though the doctor is not examined, but the claimant has produced the disability certificate. Therefore, considering these factors, 5% of permanent physical disability is to be taken into consideration. 8. The accident is caused on 13.01.2010. The claimant was an agriculturist. Therefore, in the absence of proof of income, notional income of Rs.5,500/- per month is taken into consideration for the accident year 2010, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 45 years at the time of accident. Therefore, appropriate applicable multiplier is 14. Hence, loss of future income due to disability is hereby assessed and quantified as Rs.46,200/- (Rs.5,500 x 5% x 12 x 14). 9. Further, a sum of Rs.11,000/- is awarded towards loss of income during laid up period for a period of two months (Rs.5,500/- x 2 months). 10. Considering the injuries sustained, a compensation of Rs.20,000/- towards pain and suffering, Rs.10,000/- towards loss of amenities are awarded. The - 5 - HC-KAR NC: 2025:KHC-D:7815 MFA No. 101319 of 2015 compensation awarded towards medical expenses and hospital charges of Rs.2,750/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.6,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., is awarded. 11. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 20,000 2. Loss of amenities. 10,000 3. Medical expenses and hospital charges. 2,750 4. Loss of income during laid up period and medical treatment period. 11,000 5. Incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 6,000 6. Loss of future earning capacity. 46,200 Total: 95,950 12. Therefore, the claimant is entitled for total compensation of Rs.95,950/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.22,750/- awarded by the Tribunal. - 6 - HC-KAR NC: 2025:KHC-D:7815 MFA No. 101319 of 2015 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 15.07.2014, passed by the Motor Accident Claims Tribunal-V, Ballari, in MVC No.413/2011, is modified. iii) The claimant is entitled for total compensation of Rs.95,950/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv) The claimant is not entitled for interest for the delayed period of 174 days in preferring the appeal. - 7 - HC-KAR NC: 2025:KHC-D:7815 MFA No. 101319 of 2015 v) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. vi) Send a copy of this judgment and award to the tribunal. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: BCK LIST NO.: 1 SL NO.: 31