- 1 - HC-KAR NC: 2025:KHC:26255 MFA No. 9237 of 2018 C/W MFA No. 6133 of 2018 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. 9237 OF 2018 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 6133 OF 2018 (MV-I) IN MFA No. 9237/2018 BETWEEN: SRI. HALEGOWDA S/O. RUDREGOWDA, AGED ABOUT 36 YEARS, AGRICULTURIST, R/O. CHIKKAGOUJA VILLAGE, HIREGOUJA POST, LAKYA HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT. …APPELLANT (BY SRI. K.R. LINGARAJU, ADVOCATE) AND: 1. SRI. ESHWAR. H. R. S/O. RAMAIAH, AGED ABOUT 33 YEARS, DRIVER OF THE CAR, R/O. HIREMAGALURU, JYOTHINAGARA POST, CHIKKAMAGALURU-1. 2. SRI. SURESHA G. H. S/O. HUCHEGOWDA, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26255 MFA No. 9237 of 2018 C/W MFA No. 6133 of 2018 AGED ABOUT 48 YEARS, OWNER OF THE CAR, R/O. GOWDANAHALLI VILLAGE, AMBLE HOBLI AND POST, CHIKKAMAGALURU TALUK AND DISTRICT. 3. THE MANAGER NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, 2ND FLOOR, YASHORAM CHAMBERS, R.G. ROAD, CHIKKAMAGALURU-577 101. 4. SRI. K. P. SRINIVAS S/O. LATE K. M. PUTTEGOWDA, AGED ABOUT 53 YEARS, R/O. 3RD CROSS, PENSION MOHALLA, ABOVE MASJID-E-FIRDOUS, CHIKKAMAGALURU-577 101. …RESPONDENTS (BY SMT. H.R. RENUKA, ADVOCATE FOR R3; NOTICE TO R1, R2 AND R4 IS DISPENSED WITH VIDE ORDER DATED 11.12.2020) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09/04/2018, PASSED IN MVC NO.496/2015, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 6133/2018 BETWEEN: THE MANAGER NATIONAL INSURANCE COMPANY LTD, BRANCH OFFICE, 2ND FLOOR, - 3 - HC-KAR NC: 2025:KHC:26255 MFA No. 9237 of 2018 C/W MFA No. 6133 of 2018 YASHORAM CHAMBERS, R.G ROAD, CHIKKAMAGALUR - 577 101. ...APPELLANT (BY SMT. RENUKA H.R, ADVOCATE) AND: 1. HALEGOWDA S/O. RUDREGOWDA, AGED ABOUT 35 YEARS, R/O. CHIKKAGOUJA VILLAGE, HIREGOUJA POST, LAKYA HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT - 577 168. 2. ESHWARA H R S/O. RAMAIAH, AGED ABOUT 33 YEARS, R/O. HIREMANGALURUL, JYOTHINAGARA POST, CHIKKAMAGALURU TALUK AND DISTRICT - 577 102. 3. SURESHA G A S/O. HUCHEGOWDA, AGED ABOUT 48 YEARS, R/O. GOWDANAHALLI VILLAGE, AMBLE HOBLI AND POST, CHIKKAMANGALURU TALUK AND DISTRICT - 577 101. 4. K.P. SRINIVAS S/O. LATE. K M PUTTEGOWDA, AGED ABOUT 53 YEARS, R/O. 3RD CROSS, PENSION MOHALLA, ABOVE MAJID E FIRDOUS, CHIKKAMAGALURU - 577 101 ...RESPONDENTS - 4 - HC-KAR NC: 2025:KHC:26255 MFA No. 9237 of 2018 C/W MFA No. 6133 of 2018 (BY SRI. K.R. LINGARAJU, ADVOCATE AND SMT. USHA LINGARAJU, ADVOCATE FOR R1; R2 TO R4 ARE SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09/04/2018, PASSED IN MVC NO.496/2015, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHIKKAMAGALURU, AWARDING COMPENSATION OF RS.2,90,667/- OUT OF WHICH PETITIONER IS ENTITLED FOR RS.2,65,667/- WITH INTEREST @ 8% P.A., FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT. THESE APPEALS, COMING ON FOR 'ADMISSION' THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT Both the appeals are filed under Section 173(1) of the Motor Vehicles Act1, 1988 calling in question the judgment and award dated 09.04.2018 passed in MVC No.496/2015 by the Court of II Additional Senior Civil Judge and M.A.C.T., at Chikkamagaluru2. 2. For the sake of convenience, the parties herein are referred as per their ranking before the Tribunal. 1 Hereinafter referred to as ‘M.V. Act’ 2 Hereinafter referred to as the ‘Tribunal’ - 5 - HC-KAR NC: 2025:KHC:26255 MFA No. 9237 of 2018 C/W MFA No. 6133 of 2018 3. The relevant facts in a nutshell are that the appellant/claimant who was an occupant of the insured car filed a claim petition claiming compensation for the injuries sustained in a road traffic accident occurred on 21.04.2015, contending that, on the date of the accident, when he was traveling in the car, the same was driven by its driver in a rash and negligent manner, causing the accident in question wherein he sustained injuries. In the claim proceedings, the driver, owner and insurer of the car were arrayed as respondent Nos.1, 2 and 3 respectively. The claim proceedings were adjudicated upon, along with another claim petition filed by another occupant of the car. The Tribunal partly allowed the claim petition and awarded a compensation of ₹2,90,667/- together with interest at 8% per annum and held that respondent No.3-insurer is liable to pay the compensation awarded. 4. Being aggrieved by the same, the claimant has filed MFA.No.9237/2018 seeking enhancement of quantum of compensation and the insurer has preferred - 6 - HC-KAR NC: 2025:KHC:26255 MFA No. 9237 of 2018 C/W MFA No. 6133 of 2018 MFA.No.6133/2018 contending that the quantum of compensation awarded by the Tribunal is excessive and seeking for reduction of the quantum of compensation awarded. 5. Heard the submissions of Smt.H.R.Renuka, learned counsel for the insurer/respondent No.3 and learned counsel Sri.K.R.Lingaraju, for the claimant/appellant. 6. The claimant was aged 33 years as on the date of the accident. Hence, the appropriate Multiplier applied by the Tribunal as '16' is just and proper. 7. The claimant was stated to be an agriculturist earning Rs.20,000/- per month. However, no documents have been produced to demonstrate the income. The Tribunal has assessed the income of the claimant at ₹21,000/- per month. Having regard to the fact that no documents have been produced by the claimant to prove - 7 - HC-KAR NC: 2025:KHC:26255 MFA No. 9237 of 2018 C/W MFA No. 6133 of 2018 his income, the notional income of the claimant is re- assessed as ₹9,000/- per month. 8. It is forthcoming from the Wound Certificate (Ex.P.6), Treatment Certificate (Ex.P.10) and Disability Certificate (Ex.P.11) that the claimant has sustained fracture of the right distal radius, fracture of the right ulna and fracture of left humerus with radial nerve palsy. The Doctor CW-1 has assessed the disability of the claimant at 18% to his right upper limb and 12% to the left upper limb. The Tribunal has re-assessed the whole body disability at 4%. The disability assessed by the Tribunal is erroneous and liable to be interfered with. Having regard to the fact that CW.1 has assessed the disability to both the left and right upper limb, the said percentage of disability is required to be cumulatively considered and divided by 1/3rd and accordingly, the whole body disability is re-assessed as 10%. 9. The claimant was treated as an in-patient for a period of six days. - 8 - HC-KAR NC: 2025:KHC:26255 MFA No. 9237 of 2018 C/W MFA No. 6133 of 2018 10. In view of the aforementioned, the quantum of compensation is re-assessed as follows: 10.1 Having regard to the nature of injuries sustained. The compensation towards pain and suffering is re-assessed as ₹45,000/- as against ₹20,000/- awarded by the Tribunal; 10.2 The compensation towards food and nourishment in a sum of ₹20,000/- and 'Future Medical Expenses' in a ₹25,000/- are just and proper; 10.3 Having regard to the nature of injuries sustained and the resultant disability, compensation towards 'Loss of Amenities' is re- assessed as ₹25,000/- as against ₹20,000/- awarded by the Tribunal; 10.4 Having regard to the nature of injuries sustained and the period of treatment, the compensation towards conveyance is re- assessed as ₹10,000/- as against ₹20,000/- awarded by the Tribunal; 10.5 The Tribunal has awarded medical expenses in a sum of ₹24,387/-. Having regard to the actual medical bills produced as - 9 - HC-KAR NC: 2025:KHC:26255 MFA No. 9237 of 2018 C/W MFA No. 6133 of 2018 Ex.P.17 to Ex.P.84, the medical expenses is re- assessed in a sum of ₹1,50,000/-; 10.6 The Loss of future earning capacity is re-assessed as (9000 x 12 x 16 x 10%) = 1,72,800/- as against ₹1,61,280/- awarded by the Tribunal. 11. Hence, the compensation re-assessed as follows: Sl.No Compensation Head Amount Awarded by the Tribunal (````) Amount awarded by this Court (````) 1 Towards Expenses relating to treatment and hospitalization and medicines 24,387-00 1,50,000-00 2 Towards Nourishment and diet food 20,000-00 20,000-00 3 Towards pain and suffering 20,000-00 45,000-00 4 Towards conveyance charges 20,000-00 10,000-00 5 Towards Loss of future earning on account of permanent disability 1,61,280-00 1,72,800-00 6 Towards amenities 20,000-00 25,000-00 7. Future medical expenses 25,000-00 25,000-00 Total 2,90,667-00 4,47,800-00 - 10 - HC-KAR NC: 2025:KHC:26255 MFA No. 9237 of 2018 C/W MFA No. 6133 of 2018 12. Hence, the claimant is entitled for enhanced compensation of (₹.4,47,800/- - ₹.2,90,667/-) ₹1,57,133/-. 13. It is noticed that the Tribunal has awarded interest at 8% 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. 14. Hence, the following: ORDER i. Both the appeals are partly allowed; ii. Judgment and award dated 09.04.2018 passed in MVC. No.496/2015, by the II Additional Senior Civil Judge and MACT, Chikkamagaluru, is modified to the extent of holding that the claimant is entitled to a total compensation of ₹4,47,800/- together with interest at 7 % per annum from the date of the petition till the date of payment; iii. The judgment and award of the Tribunal in all other respects remains unaltered; - 11 - HC-KAR NC: 2025:KHC:26255 MFA No. 9237 of 2018 C/W MFA No. 6133 of 2018 iv. The amount deposited by the appellant in MFA No.6133/2018 together with the records of the Tribunal be transmitted to the Tribunal forthwith; v. The insurer (appellant in MFA.No.6133/2018/respondent No.3 before the Tribunal) shall deposit the balance compensation together with accrued interest within a period of six weeks; vi. Upon such deposit, the compensation shall be disbursed to the claimant in terms of the judgment and awarded of the Tribunal; vii. Registry to draw the modified award accordingly. No costs. Sd/- (C.M. POONACHA) JUDGE rv List No.: 2 Sl No.: 1 CT: BHK