- 1 - HC-KAR NC: 2025:KHC:40658 MFA No. 1790 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1790 OF 2024 (MV-I) BETWEEN: DEVARAJ C., S/O C CHANNABASAPPA, AGED ABOUT 41 YEARS, OCC: CONTRACTOR AND AGRICULTURE, R/O KANDAGAL VILLAGE, DAVANAGERE -577 514 …APPELLANT (BY SRI. G.J.SUNKAPUR, ADVOCATE) AND: 1. GANGADHARA NAIKA S/O BHEMA NAIKA, MAJOR, OCC: WORKER IN SEED CO., R/O SARASWATHI EXTENSION, DAVANAGERE -577 005 2. GANGADHARA NAIK S/O BHEEMA NAIK, MAJOR, R/O KAREKATEE VILLAGE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40658 MFA No. 1790 of 2024 CHANNAGIRI TALUK DAVANAGERE DISTRICT- 577 544 3. THE MANAGER UNITED INDIA INS. CO. LTD., DIVISIONAL OFFICE, 34/3, MMK COMPLEX, AKKAMADEVI ROAD, PJ EXTENSION, DAVANAGERE -577 002 …RESPONDENTS (BY SRI.RAVISH BENNI, ADVOCATE FOR R3 V/O/D 12/08/2024- NOTICE TO R1 & R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.06.2023 PASSED IN MVC NO.273/2012 ON THE FILE OF THE COURT OF PRL. SENIOR CIVIL JUDGE AND CJM, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:40658 MFA No. 1790 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.273/2012 dated 28.06.2023 by the Principal Senior Civil Judge and MACT- IV, Davanagere whereby the Tribunal had awarded the compensation of an amount of Rs.7,64,130/-, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed by the claimant seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by him in the road traffic accident. It is the case of the claimant that on 17.06.2011 at about 4.00 pm., the claimant and his friend Ragu @ Ragavendra were proceeding towards Kandagal from Davanagere on motor cycle belonging to the claimant and the claimant was riding the bike. At Hadadi lake bund road, the claimant was overtaking the car by honking, the driver cum owner of the car was proceeding towards Kukkawada village, drove the car in a rash and negligent manner and suddenly taken the car towards right and dashed against the motor bike of the claimant and caused the accident. Due to the accident, the claimant sustained injuries all over the body. Immediately after the accident, the claimant was shifted to CG Hospital, Davanagere. It is the case that the - 4 - HC-KAR NC: 2025:KHC:40658 MFA No. 1790 of 2024 claimant is doing agriculture work and earning an amount of Rs.20,000/- per month. The doctor had deposed that the claimant had closed head injury with right fronto temporal contusions and B/I basifrontal contusions with post traumatic right 111 nerve palsy and fracture of skull. He operated head of the claimant on 19.06.2011 and discharged the claimant on 30.06.2011. Later the claimant has taken follow-up treatment on 11.09.2013, 03.03.2015, 26.07.2015 and on 24.07.2015. He issued disability certificate. According to him, the claimant has completely lost his right eye vision and he has lost senses of right eye and he has lost his memory and according to the doctor, he had sustained disability at 87.5%. The Tribunal, considering the disability at 40% had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Loss of future earnings Rs. 4,99,200/- 2. Pain and suffering Rs. 20,000/- 3. Special amenities Rs. 20,000/- 4. Loss of laid up period Rs. 3,900/- 5. Food and nourishment Rs. 20,000/- 6. Attendant charges Rs. 3,900/- 7. Medical expenses Rs. 1,97,128/- Total Rs. 7,64,128/- Rounded off to Rs.7,64,130/- - 5 - HC-KAR NC: 2025:KHC:40658 MFA No. 1790 of 2024 3. Learned counsel appearing for the appellant/ claimant submits that as per the evidence of the doctor he had sustained disability at 87.5% and without any basis, the Tribunal had taken the disability at 40%. It is submitted that the claimant is doing agriculture work and functionally it becomes 100% disability, he would not be in a position to work as he was working before the accident, the Tribunal ought to have taken the disability at 100%. It is further submitted that even on the other counts also the compensation that is awarded by the Tribunal is not just and reasonable compensation and the same needs to be enhanced. 4. Learned counsel appearing for respondent No.3/ Insurance Company submits that the Tribunal had rightly taken the disability at 40%. It is submitted that when the doctor had stated that the claimant had lost complete vision on his right eye, no doctor was examined and the claimant was not sent to ophthalmologist and without any evidence on record, the Tribunal had rightly taken the disability at 40% and there are no grounds to interfere with the same. It is further submitted that on all counts the Tribunal had rightly granted the compensation and no interference is called for. - 6 - HC-KAR NC: 2025:KHC:40658 MFA No. 1790 of 2024 5. Having heard the learned counsels on either side, perused the material on record. Respondent No.3/Insurance Company has elicited nothing in the evidence given by the doctor. The only question that is put forth to the doctor is, when his vision is affected why he is not sent to the ophthalmologist and why his opinion is not taken. For that, the doctor has deposed that the entire nervous system on the right eye is completely damaged and as such he was not sent to the ophthalmologist and no opinion is obtained. As far as the disability at 87.5% is concerned, the evidence of the doctor is unshaken and he is trustworthy. In those circumstances, this Court is of the view that 87.5% disability amounts to 100% functional disability, considering the fact that he was working as a agriculturist. In those circumstances, this Court is inclined to take the disability at 100%. Hence, as this accident is of the year 2011, taking the income at Rs.6,500/- per month, future prospects at 40% would come to an amount of Rs.2,600/- i.e., Rs.9,100/-. Hence, this Court is granting an amount of (9100X12X16)=Rs.17,47,200/- towards loss of future earnings. Towards pain and suffering, this Court is granting an amount of Rs.70,000/-. Considering the 13 days of - 7 - HC-KAR NC: 2025:KHC:40658 MFA No. 1790 of 2024 hospitalization, this Court is granting an amount of Rs.13,000/- towards incidental expenses. Towards loss of income during the laid up period, this Court is granting an amount of (6,500X5)=Rs.32,500/-. Towards medical expenses, the Tribunal had rightly granted the amount and this Court is not interfering with the same. Considering the disability, under the head of loss of amenities, this Court is granting an amount of Rs.1,00,000/-. 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads Rs. Compensation amount awarded by the Tribunal Compensation amount awarded by this Court 1. Loss of future earnings Rs. 4,99,200/- 17,47,200/- 2. Pain and suffering Rs. 20,000/- 70,000/- 3. Special amenities Rs. 20,000/- 1,00,000/- 1 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:40658 MFA No. 1790 of 2024 4. Loss of laid up period Rs. 3,900/- 32,500/- 5. Food and nourishment Rs. 20,000/- 13,000/- 6. Attendant charges Rs. 3,900/- 7. Medical expenses Rs. 1,97,128/- 1,97,128/- 8. Legal expenses Rs. 00/- 10,000/- Total Rs. 7,64,128/- Rounded off to Rs.7,64,130/- 21,69,828/- Enhanced amount Rs. 14,05,698/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.21,69,828/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.7,64,130/- to Rs.21,69,828/- and the Insurance Company is liable to pay the compensation amount. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) Respondent No.3/Insurance Company shall pay the compensation. - 9 - HC-KAR NC: 2025:KHC:40658 MFA No. 1790 of 2024 iv) Respondent No.3/Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount. v) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. vi) On 12.08.2024, the delay of 166 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, the Insurance Company is not liable to pay the interest for the delayed period. vii) No costs. viii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 78