- 1 - HC-KAR NC: 2025:KHC:25989 MFA No. 4277 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 4277 OF 2019 (MV-I) BETWEEN: P.R. LAKSHMINARAYANA, S/O P RAMADA, AGED ABOUT 53 YEARS, R/O LAKSHMIDAS LODGE, B.M. ROAD, SAKALESHPURA TOWN, PRESENTLY RESIDING AT C/O ANATHAPADMANABHA UDUPA, HOUSE NO.280, SKANDASHRI NILAYA, KALPATHARU ROAD, THANNERUHALLA, HASSAN - 573 201. …APPELLANT (BY SRI. SHARADAMBA A.R, ADVOCATE) AND: 1. HASAN SEBATH , S/O KASHEEM, MAJOR, ANEMAHAL VILLAGE AND POST, HIRIKALALE POST, SAKALESHAPURA TALUK, HASSAN DISTRICT. 2. THE MANAGER, CHOLAMANDALAM GENERAL INSURANCE CO. LTD., UNIT NO.4, 9TH FLOOR, GOLDEN HEIGHT COMPLEX, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25989 MFA No. 4277 of 2019 59 'C' CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR 4TH BLOCK, BENGALURU - 560 010. …RESPONDENTS (BY SRI. H.S. LINGARAJ, ADVOCATE FOR R2; VIDE ORDER DATED 01.08.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.7.18 PASSED IN MVC NO.913/17 ON THE FILE OF THE II ADDITIONAL DISTRICT & SESSIONS JUDGE & ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT 1. The present appeal is field by the claimant under Section 173(1) of the Motor Vehicles Act, 19881, challenging the judgment and award dated 23.07.2018 passed in MVC.No.913/2017 by the II Additional District and Sessions Judge and Additional Motor Vehicles Accident 1 Hereinafter referred as to ‘Act’ - 3 - HC-KAR NC: 2025:KHC:25989 MFA No. 4277 of 2019 Claims Tribunal, Hassan2 seeking for enhancement of compensation. The Tribunal by its judgment and award dated 23.07.2018 partly allowed the claim petition and awarded a compensation of `5,35,000/- together with interest at 6% per annum and held that respondent Nos.1 and 2 were jointly and severally liable to pay the compensation awarded. Respondent No.2 – insurer was directed to deposit the compensation awarded. Being aggrieved the present appeal is filed seeking for enhancement of compensation. 2. The finding of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect required to be adjudicated in the present appeal is with regard to the enhancement of the quantum of compensation. 3. Heard submissions of learned counsel Smt. Sharadamba A.R. appearing for the appellant/claimant and 2 Hereinafter referred as to ‘Tribunal’ - 4 - HC-KAR NC: 2025:KHC:25989 MFA No. 4277 of 2019 learned counsel Sri. H.S. Lingaraj appearing for respondent No.2/Insurer. 4. It is the contention of learned counsel for the appellant that the disability assessed by the Tribunal is on the lower side and that the compensation awarded on other heads is on the lower side. Hence, she seeks for enhancement of compensation. 5. Per contra, learned counsel for respondent No.2 – insurer justifies the compensation awarded by the Tribunal and contends that the income assessed by the Tribunal is on the higher side and in view of the same, the total compensation awarded by the Tribunal is just and proper. 6. The submissions of both the learned counsels have been considered and the material on record, including the records of the Tribunal, have been perused. - 5 - HC-KAR NC: 2025:KHC:25989 MFA No. 4277 of 2019 7. The claimant was aged about 51 years as on the date of accident i.e., as on 19.05.2016. Hence, the Tribunal has applied the appropriate multiplier as 11. 8. The claimant was stated to have been carrying business of hotel and lodging and earning a sum of `1,28,334/- per month. The claimant has produced the relevant documents to show his income. The Tribunal upon appreciating the same, has assessed the monthly income of the claimant as `30,000/- per month which is just and proper. 9. It is forthcoming from the wound certificate (Ex.P3) and the Discharge Summary (Ex.P13) that the claimant sustained fracture of the shaft of the right femur, fracture of the neck of the right femur, fracture of right tibia and right distal radius, fracture of the right 5th metacarpal, 3rd finger distal phalanx fracture, laceration over right foot and other injuries. The claimant was treated as an inpatient at Mangalore for a period of eleven - 6 - HC-KAR NC: 2025:KHC:25989 MFA No. 4277 of 2019 days i.e., from 19.05.2016 to 30.05.2016. The doctor (CW1) has deposed regarding the injuries sustained and the treatment given as also the disability suffered. It is deposed that the claimant has sustained 15% disability to the right leg and 10% disability to the right hand. The same is also forthcoming from the disability certificate (Ex.C1). The Tribunal, after appreciating the oral and documentary evidence on record, has re-assessed the disability to the whole body at 8% which is just and proper. 10. The Tribunal has noticed the medical bills (Ex.P15) and awarded a compensation of `1,07,309/-. The said compensation is contrary to material on record in as much as the inpatient bill dated 30.05.2016 (Ex.P15) is for a total sum to `1,89,267/-. The other bills (all marked as Ex.P15) would cumulatively demonstrate that the claimant has incurred a total medical expenses of `2,22,309/- which is rounded off as `2,23,000/-. Hence, it - 7 - HC-KAR NC: 2025:KHC:25989 MFA No. 4277 of 2019 would be just and proper to award a total compensation of `2,23,000/- towards medical expenses. 11. Having regard to the testimony of the doctor (CW1) as well as the certificate (Ex.C2), wherein it is stated that the future medical expenses would be `60,000/- to `70,000/- towards surgery for removal of implants, the Tribunal has awarded a sum of `30,000/- towards 'future medical expenses', which is just and proper. 12. Having regard to the aforementioned, the compensation is re-assessed as follows: i. Keeping in mind the nature of injuries sustained and the period of treatment, the compensation awarded towards pain and suffering is re-assessed as `60,000/-, as against `40,000/- awarded by the Tribunal; ii. The medical expenses is re-assessed as `2,23,000/- as against `1,07,309/- awarded by the Tribunal; - 8 - HC-KAR NC: 2025:KHC:25989 MFA No. 4277 of 2019 iii. The compensation awarded by the Tribunal towards future medical expenses in a sum of `30,000/- and towards loss of future earning capacity in a sum of `3,16,800/- is just and proper; iv. The laid up period of the claimant is re- assessed as two months and compensation of `60,000/- (`30,000 x 2 months) is awarded towards 'loss of earning during laid up period' as against `20,850/- awarded by the Tribunal; v. It is noticed that the claimant is a resident of Sakaleshpura whereas he has taken treatment as an inpatient at Mangalore. The Tribunal has awarded a sum of `10,000/- towards conveyance charges and a sum of `10,000/- towards nourishment. It is just and proper that the said compensation be re-assessed and together with compensation towards 'food, nourishment, attendant charges as also the conveyance charges', the compensation is re-assessed as `40,000/-; - 9 - HC-KAR NC: 2025:KHC:25989 MFA No. 4277 of 2019 vi. The Tribunal has not awarded any compensation towards 'loss of amenities'. Having regard to the nature of injuries sustained and the resultant disability, a sum of `25,000/- is awarded towards 'loss of amenities'. 13. In view of the aforementioned, the compensation re-assessed is as follows: Sl.No Compensation Head Amount Awarded by the Tribunal (````) Amount awarded by this Court (````) 1 Pain and suffering 40,000-00 60,000-00 2 Towards medical expenses 1,07,309-00 2,23,000-00 3 Towards loss of income during laid up period 20,850-00 60,000-00 4 Disability 3,16,800-00 3,16,800-00 5 Conveyance (`10,000/- nourishment (`10000/-) 20000-00 40,000-00 6 Loss of amenities - 25000-00 7 Towards future medical expenses 30000-00 30000-00 Total 5,35,000-00 7,54,800-00 - 10 - HC-KAR NC: 2025:KHC:25989 MFA No. 4277 of 2019 14. Accordingly, the claimant is entitled to enhanced compensation of (`7,54,800/- - `5,35,000/-) `2,19,800/- 15. It is noticed that the Tribunal has awarded interest at 6% pa. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court. 16. Having regard to the Order dated 01.08.2024, the claimant is not entitled for interest for the delay period of 212 days in filing the appeal. 17. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 23.07.2018 passed in MVC.No.913/2017 by the II Additional District and Sessions Judge and Additional Motor Vehicles Accident Claims Tribunal, Hassan, is hereby modified to the - 11 - HC-KAR NC: 2025:KHC:25989 MFA No. 4277 of 2019 extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The appellant/claimant is entitled to an enhanced compensation of `2,19,800/- together with interest at 7% per annum from the date of the petition till its realization in addition to the compensation awarded by the Tribunal. The claimant is not entitled for interest for the delay period of 212 days in filing the appeal. iv) Respondent No.2 – insurer shall deposit the said compensation together with accrued interest within a period of six weeks; v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon is to be disbursed to the claimant; vi) The Registry to draw the modified award accordingly; - 12 - HC-KAR NC: 2025:KHC:25989 MFA No. 4277 of 2019 vii) Records of the Tribunal be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE SNC List No.: 1 Sl No.: 25 CT: BHK