- 1 - NC: 2025:KHC-D:6837-DB MFA No. 101265 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.101265 OF 2016 (MV-I) BETWEEN: GOPI KRISHNA @ GOPI S/O. GOVINDAPPA, AGE: 22 YEARS, OCC: NIL, R/O: CHIKKERAHALLI VILLAGE, TQ: MOAKALMURU, DIST: CHITRADRUGA, NOW RESIDING AT NEAR PANDURANGA HOTEL, GUGGARAHATTI, BALLARI. …APPELLANT (BY SRI. ANKIT R.DESAI, ADVOCATE FOR SRI. MALLIKARJUNASWAMY B.HIREMATH, ADVOCATE) AND: 1. SHARANAPPA ANGADI S/O. MALLIKARJUNA, AGE: 27 YEARS, OCC: DRIVER, R/O: BASAPURA VILLAGE, GENEEGERE POST, TQ. AND DIST: KOPPAL. 2. ADITYA VIJAY SHINDE S/O. VIJAY, AGE: 38 YEARS, OCC: BUSINESS, R/O: FLAT NO.1, II PHASE, SHREE NAGARI NR KHANDGE PETROL PUMP, TELAGAON, DIST: PUNE, STATE. MAHARASHTRA. 3. THE BRANCH MANAGER, M/S. ICICI LOMBARD GENERAL INSURANCE CO. LTD., NEAR MAYURA HOTEL, BALLARI. …RESPONDENTS (BY SRI. NAGARAJ C.KOLLOORI, ADVOCATE FOR R3; NOTICE TO R1 IS SERVED; R2-SERVICE OF NOTICE DISPENSED WITH) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6837-DB MFA No. 101265 of 2016 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 23.06.2015 PASSED IN MVC NO.869/2013 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XII, BALLARI, AND AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION AND FASTEN THE LIABILITY ON THE INSURER, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The above appeal is filed by the appellant/claimant challenging the judgment and award dated 23.06.2015, passed in MVC No.869/2013, on the file of Motor Accident Claims Tribunal-XII, Ballari1, seeking for enhancement of compensation. 2. The parties will be referred to as per their ranking before the Tribunal, for the sake of convenience. 1 Hereinafter referred to as the ‘Tribunal’ - 3 - NC: 2025:KHC-D:6837-DB MFA No. 101265 of 2016 3. The facts in a nutshell leading to the present appeal are that the claimant sustained grievous injuries in a road traffic accident which occurred on 03.03.2013, due to the rash and negligent driving of the car bearing registration No.MH-14/DN.1368. Claiming compensation for the injuries sustained in the said accident, the claimant instituted claim proceedings arraying the driver, owner and insurer of the offending car as respondents No.1 to 3 before the Tribunal. The respondents No.1 and 2 remained exparte before the Tribunal and did not contest the proceedings. The respondent No.3/insurer entered appearance through their counsel, filed written statement and contested the claim proceedings. 4. The claimant was examined as PW.2 and doctors were examined as PW.3 and PW.4. Ex.P1 to Ex.P30 have been marked in evidence. The representative of insurer was examined as RW.1. No documents were marked in evidence. 5. The Tribunal, by its judgment and award dated 23.06.2015, partly allowed the claim petition, awarded compensation of ₹8,22,000/- together with interest at 7% - 4 - NC: 2025:KHC-D:6837-DB MFA No. 101265 of 2016 per annum and directed the respondent No.3/insurer to pay the compensation awarded. Being aggrieved by the inadequacy of compensation awarded, the claimant has filed the present appeal. 6. Learned counsel Sri. Ankit Desai for learned counsel Sri. Mallikarjunaswamy B. Hiremath for the appellant/claimant contends that the Tribunal has not properly assessed the disability of the claimant, who is suffering from traumatic quadriplegia. It is further contended that the quantum of compensation awarded by the Tribunal on various grounds is on lower side and the same requires enhancement. Learned counsel places reliance on the judgment of the Hon’ble Supreme Court in the case of Sidram Vs. Divisional Manager, United India Insurance Company Limited and Another2 and seeks for enhancement of compensation. 7. Per contra, learned counsel Sri. Nagaraj C. Kolloori appearing for the respondent 2 (2023) 3 SCC 439 - 5 - NC: 2025:KHC-D:6837-DB MFA No. 101265 of 2016 No.3/insurer justifies the compensation awarded by the Tribunal. 8. The submissions of both the learned counsels have been considered and the material on record including the records of the Tribunal have been perused. 9. The findings of the Tribunal on negligence and liability have attained finality. The only question that arises for consideration in the present appeal is ‘whether the quantum of compensation awarded by the Tribunal is liable to be enhanced?’ 10. The Tribunal noticing that, the claimant, who was aged 18 years and was an ITI student as also noticing the injuries sustained in a road traffic accident, awarded a total compensation of ₹8,22,000/- along with interest at the rate of 7% per annum. 11. It is forthcoming from the wound certificate (Ex.P15), disability certificate (Ex.P22) and case sheets (Ex.P16 & Ex.P18) that the claimant sustained injuries all over the body and is suffering from traumatic quadriplegia. - 6 - NC: 2025:KHC-D:6837-DB MFA No. 101265 of 2016 12. The claimant has examined two doctors i.e., PW.3 and PW.4. PW.3 has deposed that he is running a private clinic in the name and style of ‘Prakash Clinic’ and he had examined the claimant on 29.07.2014, wherein he noticed mal union and deformed left wrist and restriction in movement and that the claimant sustained disablement to the extent of 15%. PW.4 is a Consultant Neurological Surgeon at Danamma Super Speciality Hospital, Ballari and Professor of Neuro Surgery and Brain, Spine, Spinal Cord specialist. He examined the claimant on 21.07.2014 for assessment of disability. PW.4 has noticed that the claimant has sustained head injury, cervical injury and is unable to move his limbs. PW.4 has deposed that the claimant has suffered injury to the spinal cord i.e., C4, C5 and C6 vertebra and suffers from tetraplegia. PW.4 has deposed that the claimant is suffering from impaired memory, depression, spastic quadriparesis (left-right), slurred speech and is unable to sit, stand and walk on his own. That the neuro behavioural and cognitive disabilities is more than 75% which are affecting his daily routine activities. - 7 - NC: 2025:KHC-D:6837-DB MFA No. 101265 of 2016 13. Since the disability of the claimant was under dispute, this Court vide, order dated 08.04.2025, directed the claimant to be examined by the Medical Board, Vijayanagar Institute of Medical Science, Ballari, pursuant to which, the Medical Board has submitted its report after having examined the claimant on 19.04.2025. It is forthcoming from the said medical report that the claimant has suffered traumatic quadriparesis and is also suffering from urinary incontinence as also diminished perception of sensation from below the chest and is fully dependant on relatives for activities of the daily living. In the medical report, the permanent physical disability of the claimant is assessed at 85%. 14. It is further forthcoming that the claimant was treated as inpatient at Manipal Hospital from 04.03.2013 to 04.06.2013 i.e., for a total period of 92 days. The medical bills that have been produced, have been noticed and the total medical bills, which are Ex.P23, Ex.P25, Ex.P26, Ex.P27, Ex.P28 and Ex.P29, are in a sum of ₹6,15,004/-. - 8 - NC: 2025:KHC-D:6837-DB MFA No. 101265 of 2016 15. The age of the claimant was 18 years at the time of the accident and the Tribunal has rightly assessed the appropriate multiplier as 18. 16. In view of the same, it is just and proper that the income of claimant is required to be re-assessed as notional income as per the income chart that is being followed for settlement of claims in the Lok Adalat conducted by the Karnataka State Legal Services Authority and having regard to the date of the accident, the income of the claimant is re- assessed at ₹7,000/- per month. 17. The Tribunal has assessed the permanent physical disability of the claimant to the extent of 75%. However, having regard to the report of the Medical Board submitted to this Court pursuant to the order dated 08.04.2025, it is just and proper that the disability of the claimant be re-assessed as 85%. Since, the claimant has suffered disability of 85%, 40% of the income is required to be added towards loss of future prospects, in view of the judgment of Hon’ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi And - 9 - NC: 2025:KHC-D:6837-DB MFA No. 101265 of 2016 Others3. Further, the Tribunal has applied the appropriate multiplier of 18, which is just and proper. Accordingly, the income for the purpose of loss of future earning capacity is ₹9,800/- (₹7,000 + 40% = 7,000 + 2,800). 18. The compensation under various heads is re- assessed as follows: 18.1. Loss of future income due to disability is re- assessed as under: (9,800 x 12 x 18 x 85%) = ₹17,99,280/- 18.2 Having regard to the nature of injuries sustained, it is just and proper to award a sum of ₹1,00,000/- towards pain and suffering as against ₹30,000/- awarded by the Tribunal. 18.3 A per the actual medical bills produced, the compensation towards medical expenses is re-assessed at ₹6,15,004/- as against ₹6,00,000/- awarded by the Tribunal. 18.4 Having regard to the fact that the claimant was treated as inpatient for a period of 92 days and is suffering 3 (2017) 16 SCC 680 - 10 - NC: 2025:KHC-D:6837-DB MFA No. 101265 of 2016 from traumatic quadriplegia, the compensation towards food, nutrition and attendant charges during the period of treatment is re-assessed at ₹50,000/-. 18.5 Having regard to the fact that the claimant is suffering from traumatic quadriplegia and keeping in mind the fact that the Hon’ble Supreme Court in the case of Sidram2, while considering the case of Paraplegia with regard to an accident, which occurred in the year 2012, it is just and proper that the compensation towards attendant charges be awarded on the same basis. Accordingly, attendant charges is assessed at ₹2,000/- per month and accordingly a sum of ₹4,32,000/- (₹2,000 x 12 x 18) is awarded in respect of the same. 18.6 Having regard to the nature of injuries sustained and the resultant in disability, it is just and proper to award compensation towards loss of amenities in a sum of ₹50,000/-. 18.7 The claimant being unmarried, by following the judgments in the cases of Sidram2 and Ayush Vs. Reliance - 11 - NC: 2025:KHC-D:6837-DB MFA No. 101265 of 2016 General Insurance Company Limited4, it is just and proper to award compensation towards loss of marriage prospects in a sum of ₹3,00,000/-. 19. Accordingly, the total compensation under various heads is re-assessed as follows: Sl. No. Heads Amount awarded by the Tribunal (₹) Amount awarded by this Court (₹) 1. Towards pain and sufferings. 30,000.00 1,00,000.00 2. Towards medical expenses. 6,00,000.00 6,15,004.00 3. Towards loss of future income due to disability. 1,62,000.00 17,99,280.00 4. Towards loss of amenities. 30,000.00 50,000.00 5. Towards food and nourishment. ------ 50,000.00 6. Towards attendant charges. 4,32,000.00 7. Loss of marriage prospects ------ 3,00,000.00 Total 8,22,000.00 33,46,284.00 20. Hence, the appellant/claimant is entitled to enhanced compensation of ₹25,24,284/- (₹33,46,284 - ₹8,22,000) together with interest at 7% p.a. 4 (2022) 7 SCC 738 - 12 - NC: 2025:KHC-D:6837-DB MFA No. 101265 of 2016 Accordingly, the question framed for consideration is answered in the ‘affirmative’. 21. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 23.06.2015, passed in MVC No.869/2013, on the file of Motor Accident Claims Tribunal-XII, Ballari, is modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The appellant/claimant is entitled to enhanced compensation of ₹25,24,284/- with interest at 7% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal; iv) Respondent No.3 – Insurance Company is directed to deposit the said enhanced - 13 - NC: 2025:KHC-D:6837-DB MFA No. 101265 of 2016 compensation together with accrued interest within a period of six weeks from the date of receipt of a copy of this judgment; v) After deposit, the enhanced compensation with accrued interest shall be disbursed to the appellant/claimant as per the award of the Tribunal; vi) Registry to return the Trial Court records to the Tribunal forthwith; vii) Draw modified award accordingly; viii) No order as to costs. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP List No.: 1 Sl No.: 47