- 1 - HC-KAR NC: 2025:KHC:22557 MFA No. 6041 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 6041 OF 2016 (MV-I) BETWEEN: SHASHIKALA D/O MALLAPPA, AGED ABOUT 21 YEARS, R/AT OPP ABHINANDAN PETROL PUMP, C/O SHAKUNTHALA SHETTY COMPOUND, "ALKA MAHAL" AMBALAPADY VILLAGE, AND POST, UDUPI TQ & DISTRICT- 576 101. …APPELLANT (BY SRI. K. VISHWANATHA, ADVOCATE FOR SRI. HEGDE V.S.,ADVOCATE) AND: 1. B. VISHWANATH KAMAT S/O B.UPENDRA KAMATH , AGED ABOUT 41 YEARS, R/AT NO.116, URVA STORE, MANGALORE NOW AT LAKSHMI NIVAS, 43-74A, OPP.SARVODAYA AGENCY, NEAR FIRE STATION, UDUPI UDUPI TALUK AND DISTRICT 576 101. 2. JOSEPH ROMIYO DANTHI, S/O ROBERT AGASTIN DANTHI, AGED ABOUT 24 YEARS, R/AT H.NO.9-1 GUJJARBETTU, KEMMANNU, UDUPI, UDUPI TALUK, UDUPI DISTRICT -576 101. Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22557 MFA No. 6041 of 2016 3. THE NEW INDIA INSURANCE CO.LTD., BY ITS UDUPI BRANCH MANAGER, SRI RAMA ARCADE, OPP. HEAD POST OFFICE, UDUPI TOWN, DUPI DISTRICT -576 101. …RESPONDENTS (BY SRI. S.SRISHAILA, ADVOCATE FOR R3, VIDE ORDER DATED 16.01.2020, NOTICE TO R1 AND R2 ARE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:09.06.2016 PASSED IN MVC NO.797/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, & ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant challenging the judgment and award dated 9th June 2016, passed by the Prl.Senior Civil Judge and Addl.M.A.C.T., Udupi, (for short `Tribunal'), in MVC No.797/2014, seeking enhancement of compensation. 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. - 3 - HC-KAR NC: 2025:KHC:22557 MFA No. 6041 of 2016 3. Brief facts of the case are that, on 01.08.2014, at around 9.45 p.m., the claimant was going by walk from her house to Ambalpady side, in order to go to Akshaya Store, near Shyamili Hall. When she reached near Abhinandan Petrol Bank, a motorcycle bearing registration No.KA-20-W-2893 came in a rash and negligent manner and hit the claimant. As a result, she sustained grievous injuries. She was admitted at Adarsha Hospital as an inpatient from 01.08.2014 to 18.08.2014. She was aged about 19 years at the time of the accident and was pursuing her II year of B.A., degree. Due to the injuries sustained in the accident, she suffered permanent disability. With these reasons, the claimant has prayed for awarding of compensation. 4. The respondent No.3 is the insurer of the offending motorcycle. In its written statement, it denied the contentions of the claim petitioner and also denied its liability to pay the compensation. With these reasons, prayed to dismiss the claim petition. - 4 - HC-KAR NC: 2025:KHC:22557 MFA No. 6041 of 2016 5. From the rival contentions of the parties, the Tribunal framed necessary issues, for its determination. 6. The claimant to prove her case, examined two witnesses as PW-1 and PW-2 and marked 13 documents, as per Exs.P-1 to P-13. Respondent No.3 marked one document as Ex.R-1. 7. The Tribunal after hearing both parties and appreciating the evidence on record, by the impugned judgment, awarded the following amount of compensation: Particulars Amount in Rs. Pain and agony 15,000/- Medical expenses 62,473/- Attendant expenses, nourishment, conveyance 15,000/- Loss of amenities of life 10,000/- Total 1,02,473/- Being aggrieved by the said award passed by the Tribunal, the claimant has filed the present appeal for enhancement of compensation. - 5 - HC-KAR NC: 2025:KHC:22557 MFA No. 6041 of 2016 8. Heard the arguments of the learned counsel appearing for the claimant as well as the insurer. 9. Learned counsel for the appellant/claimant submitted that the claimant had sustained fractures and had spent substantial amount towards medical expenses. She has suffered permanent disability. The Tribunal has not awarded a just and reasonable amount of compensation on all the heads. Therefore, prayed for enhancement of the compensation. 10. Learned counsel for respondent No.3-insurer submitted that the Tribunal has properly considered the case of the claimant and awarded a just and reasonable compensation, which does not call for any interference by this Court and prayed for dismissal of the appeal. 11. Following points arise for my determination: (ii) Whether the claimant is entitled for enhancement of compensation? (ii) What order? - 6 - HC-KAR NC: 2025:KHC:22557 MFA No. 6041 of 2016 Point No.1 : 12. Fact of the accident is not in dispute. The Tribunal after appreciating the evidence on record, held that the accident occurred due to the negligence of rider of the motorcycle. Hence, no need to reconsider the same. 13. The claimant contended that she had sustained grievous injuries in the said accident as stated in the wound certificate is produced at Ex.P-5. Ex.P-12 - discharge summary indicates that claimant sustained fracture of left temporal bone, impairment of left ear, along with other injuries. 14. PW-2 - doctor in his evidence has stated that on 28.08.2015, he clinically examined the claimant and found that she had suffered a permanent disability of 10% to the whole body, along with impaired hearing in her left ear. On re-appreciation of the materials available on record, the amount of compensation awarded by the Tribunal is on the lower side. - 7 - HC-KAR NC: 2025:KHC:22557 MFA No. 6041 of 2016 15. Undisputedly, the claimant was a student, studying in II year B.A., She was unmarried. Impairment of hearing would affect her marriage prospects, which was not considered by the Tribunal. Since she was a student, no amount of compensation was awarded towards loss of future earning capacity due to permanent disability. Under such circumstances, the Tribunal ought to have awarded more amount of compensation under the head `loss of amenities'. It is true that she had no income at the time of accident. At that time, the Tribunal ought to have taken the notional income of the claimant and awarded the compensation. The Hon'ble Apex Court in catena of the judgments, has taken the notional income of even a minor and awarded just compensation. The Tribunal could have considered the same and awarded the amount of compensation towards loss of income during laid up period. - 8 - HC-KAR NC: 2025:KHC:22557 MFA No. 6041 of 2016 16. For the aforesaid discussions, the claimant is entitled to following amount of compensation : Particulars Amount in Rs. Pain and suffering 50,000/- Medical expenses 62,473/- Attendant expenses, special diet and conveyance charges 25,000/- Loss of income during laid up period 20,000/- Loss of amenities of life 75,000/- Loss of marriage prospects 50,000/- Total 2,82,473/- Amount awarded by the Tribunal Enhancement- 1,02,473/- 1,80,000/- The claimant is also entitled to interest at the rate of 6% p.a. from the date of petition till the date of realisation. 17. Respondent Nos.2 and 3 are jointly and severally liable to pay the said amount of compensation. - 9 - HC-KAR NC: 2025:KHC:22557 MFA No. 6041 of 2016 Accordingly, point No.1 is answered partly in the affirmative. 18. In the result, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 9th June 2016, passed by the Prl.Senior Civil Judge and Addl.M.A.C.T., Udupi, in MVC No.797/2014, stands modified. iii) The claimant is entitled to enhanced compensation of Rs.1,80,000/-, with interest at the rate of 6% p.a. on the enhanced amount, from the date of petition till its realization. iv) The respondent No.3 - Insurance Company shall deposit the amount within a period of six weeks from the date of award. v) The Tribunal shall deposit 25% of the amount in Fixed Deposit in any Nationalised Bank for a period of two years and remaining 75% of the amount shall be released in favour of the claimant. - 10 - HC-KAR NC: 2025:KHC:22557 MFA No. 6041 of 2016 vii) Draw award accordingly. Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. SD/- (UMESH M ADIGA) JUDGE bk/ List No.: 1 Sl No.: 33