- 1 - HC-KAR NC: 2025:KHC:26182 MFA No. 7956 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 7956 OF 2017 (MV-I) BETWEEN: MR BENEDICT WALDER @ BENEDICTA S/O THOMAS WALDER, AGED ABOUT 30 YEARS R/AT ARASOLIGE, SARAPADY POST, HALLIPADE, BANTWAL TALUK, PRESENTLY R/AT SOUZA COMPOUND, M.R.BHAT LANE, MANGALURU …APPELLANT (BY SRI. GURUPRASAD B R, ADVOCATE) AND: 1. NATIONAL INSURANCE COMPANY LTD LOCAL OFFICE:2ND FLOOR INLAND ORNATE, OPP:HOTEL OCEAN PEARL KODIALBAIL,MANGALURU-575 003 REPRESENTED BY ITS MANAGER 2. MR JEETHENDRA SALIAN S/O UGGAPPA BANGERA, ADULT, R/AT DOOR NO.10-160A, LAXMI NIVAS, BORUGUDDE, KAMAJE CROSS ROAD, BYPASS, BANTWAL …RESPONDENTS (BY SRI. K SRIDHARA, ADVOCATE FOR R1 NOTICE TO R2 IS DISPENSED WITH V/O DTD 6.4.2022) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.01.2017 PASSED IN MVC Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26182 MFA No. 7956 of 2017 NO.1614/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND M.A.C.T., MANGALURU, DAKSHINAKANNADA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The above appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 19881 challenging the judgment and award dated 20.01.2017 passed in MVC No.1614/2015 by the Principal Senior Civil Judge and MACT, Mangaluru, Dakshina Kannada2, wherein the Tribunal has partly allowed the claim petition and awarded a total compensation of `2,90,460/- together with interest at 6% pa. Being aggrieved, the present appeal is filed by the claimant seeking for enhancement of the compensation. 2. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the 1 Hereinafter referred to as ‘Act of 1988’ 2 Hereinafter referred to as ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:26182 MFA No. 7956 of 2017 present appeal is with regard to the adequacy of the compensation awarded. 3. Heard the submissions of learned counsel Sri Guruprasad B.R, for the appellant/claimant and learned counsel Sri K.Sridhara, appearing for respondent No.1-insurer. 4. The claimant is aged 28 years as on date of the accident, i.e., as on 01.08.2015 and the Tribunal has applied the multiplier of 17, which is just and proper. The claimant was stated to be working as a Lecturer in a college earning `15,000/- p.m. The Tribunal noticing the said aspect as also taking into consideration the salary certificate (Ex.P9) as also the testimony of PW.3, another lecturer who was authorized on behalf of the Principal of the college to depose regarding the avocation and income of the claimant, has assessed the salary of the claimant at `14,550/- p.m, which is just and proper. 5. It is evident from the wound certificate (Ex.P3), disability certificate (Ex.P8) and other medical evidence available on record, that the claimant sustained contusion on the left shoulder with underlying dislocation of acromioclavicular joint, abrasion on the outer aspect of right elbow, abrasion on the lower 1/3rd of right forearm, contusion - 4 - HC-KAR NC: 2025:KHC:26182 MFA No. 7956 of 2017 on the back of right hand with underlying fracture of base of 5th metacarpal bone, abrasion on the base of left hand and abrasion on the left knee. The doctor (PW.2) has deposed that the claimant took treatment as an inpatient for a period of 4 days, wherein he underwent a surgery for treatment of the fracture of the shoulder. PW.2 has further deposed that apart from the surgery to the left shoulder, the ankle of the right AC joint of the claimant was sutured. It is also deposed that the claimant is having weakness in the right hand and is unable to grip, as also there is restriction in movement of the MCP joint as well as the left shoulder. The disability has been assessed by PW.2 as 20% to the right shoulder and left hand. The Tribunal noticing the same, assessed 1/4th of the said disability and accordingly, re-assessed the whole body disability at 5%. It is pertinent to note that the claimant has sustained injuries to the left shoulder and right wrist, which would affect his avocation as a lecturer. Having regard to the disability assessed by PW.2, the functional disability of the claimant is re- assessed as 8%. 6. In view of the aforementioned, the compensation is re-assessed as under: - 5 - HC-KAR NC: 2025:KHC:26182 MFA No. 7956 of 2017 6.1 The compensation awarded by the Tribunal of `60,000/- towards pain and suffering, `42,050/- towards medical expenses and `15,000/- towards loss of income during laid up period are just and proper; 6.2 Having regard to the nature of injuries sustained and the period of treatment, the compensation towards food, attendant charges, nourishment and other incidental charges is re-assessed as `10,000/- as against `5,000/- awarded by the Tribunal; 6.3 Having regard to the nature of injuries sustained and the resultant disability, loss of amenities is re-assessed as `25,000/- as against `20,000/- awarded by the Tribunal; 6.4 Loss of future earning capacity is re-assessed as (`14,550/-x17x12x8%) `2,37,456/- as against `1,48,410/- awarded by the Tribunal. 7. Taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at 7% p.a., on the compensation as re-assessed by this Court. 8. Accordingly, the total compensation under various heads is re-assessed as follows: - 6 - HC-KAR NC: 2025:KHC:26182 MFA No. 7956 of 2017 Sl. No Heads Amount awarded by the Tribunal (Rs.) Amount awarded by this Court (Rs.) 1. Loss pain and sufferings 60000.00 60000.00 2. Medical expenses 42050.00 42050.00 3. Loss of income during laid up period 15000.00 15000.00 4. Conveyance, nourishing food and attendant charges 5000.00 10000.00 5 Loss of amenities 20000.00 25000.00 6 Loss of future earning 148410.00 237456.00 Total 290460.00 389506.00 9. Hence, the claimant is entitled for enhanced compensation of (`3,89,506/- – `2,90,460/-) `99,046/-. 10. In the result, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 20.01.2017 passed in MVC No.1614/2015 by the Principal Senior Civil Judge and MACT, Mangaluru, Dakshina Kannada, is modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered. iii) The claimant is entitled for enhanced compensation of Rs.99,046/- with interest at the rate of 7% p.a. from the date of petition till its realisation in addition to the compensation awarded by the Tribunal; - 7 - HC-KAR NC: 2025:KHC:26182 MFA No. 7956 of 2017 iv) Respondent No.1 – 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 be disbursed digitally to the claimant; vi) The Registry to draw the modified award accordingly; vii) Records of the Tribunal be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 44