- 1 - HC-KAR NC: 2025:KHC:39238 MFA No. 1478 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 1478 OF 2022 (MV-I) BETWEEN: GANGADHARA S/O LAKSHMAIAH, AGED ABOUT 39 YEARS, DEVIHALLI VILLAGE, KASABA HOBLI, ARASIKERE TALUK, HASSAN DISTRICT. PRESENTLY R/AT PRAGATHI NAGAR, 1ST CROSS, RAJAGHATTA ROAD, HASSAN. …APPELLANT (BY SRI. NARENDRA GOWDA, ADVOCATE) AND: 1. MAHAMMED GHOUSE S/O ABDUL RAHEEM SAB, AGED ABOUT 50 YEARS HARANAHALLI VILLAGE, ARASIKERE TALUK, HASSAN DISTRICT. 2. NATIONAL INSURANCE CO. LTD., MANJUNATHA COMPLEX, OLD BUS STAND ROAD, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39238 MFA No. 1478 of 2022 HASSAN - 573 201, REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. VIJAY KUMAR T., ADVOCATE FOR R1; SRI. C. SHANKARA REDDY, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.06.2019 PASSED IN MVC NO.510/2016 ON THE FILE OF THE MEMBER, ADDITIONAL M.A.C.T, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FURTHER ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT Though the appeal is slated for admission, by consent of both sides, it is taken up for final disposal and heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents. 2. The short point that arise in the appeal is in regard to the quantum of compensation amount. 3. Learned counsel for the appellant contended that, on 19.08.2015 at 4.00 p.m., when the appellant was - 3 - HC-KAR NC: 2025:KHC:39238 MFA No. 1478 of 2022 proceeding from Devihalli to Heragu Village as a pillion rider on the motor cycle bearing No.KA-13-EA-0079, the 407 goods vehicle bearing No.CTW-5450 came in a rash and negligent manner and dashed against the appellant's vehicle. As a result, the appellant sustained injuries to his right knee, right hip, right foot and toes in the right foot and admitted to the hospital for about 45 days. 4. It is further contended that, the appellant was an agricultural coolie and earning a sum of Rs.10,000/- per month and due to the accidental injuries, he suffered functional disability and as such, he is entitled for compensation. It is also contended that, the respondents, who are the owner and the insurer of 407 goods vehicle are liable to pay the compensation to the appellant. 5. Learned counsel for the respondent - Insurance Company vehemently contended that, there was no such fault on the part of the driver of the goods vehicle and that the driver had violated the terms and conditions of the - 4 - HC-KAR NC: 2025:KHC:39238 MFA No. 1478 of 2022 policy. It is further contended that, the compensation claimed by the appellant is highly exorbitant and imaginary. 6. The Tribunal framed appropriate issues and recorded the evidence. 7. The appellant was examined as P.W.1 and the medical officer who treated the appellant was examined as P.W.2 and got marked ten documents as Exs.P1 to P10. The officials of respondent No.2 - Insurance Company were examined as R.W.1 and R.W.2 and got marked six documents as Exs.R1 to R6. 8. After hearing the arguments, the tribunal holding that the respondent Nos.1 and 2 are liable to pay the compensation amount, awarded compensation under the following heads: - 5 - HC-KAR NC: 2025:KHC:39238 MFA No. 1478 of 2022 Sl. No. Particulars - Amount 1. Towards Pain and sufferings - Rs. 30,000-00 2. Towards Medical expenses - Rs. 3,000-00 3. Towards diet, food, nourishment, attendant and conveyance charges - Rs. 20,000-00 4. Loss of income during laid up period - Rs. 18,000-00 5. Towards loss of future earning capacity - Rs. 92,160-00 6. Towards Loss of amenities - Rs. 20,000-00 TOTAL - Rs.1,83,160-00 Being aggrieved by the same, the appellant is before this Court in appeal. 9. Learned counsel for the appellant submits that, the Tribunal has erred in holding the functional disability of the appellant at 8% and has not considered the compensation to be awarded to the appellant in the light of notional income applicable to the concerned. It is further contended that, there should be reassessment of above compensation since the awarded amount is on the lower side. - 6 - HC-KAR NC: 2025:KHC:39238 MFA No. 1478 of 2022 10. Learned counsel for the respondent - Insurance Company contended that, the Tribunal has adequately compensated the appellant which is just reasonable and proper. 11. A careful perusal of the records available would show that, the appellant was about 35 years at the time of the accident and he was an agricultural coolie. He had suffered the comminuted sub trochantric fracture right hip, laceration over the right knee and multiple laceration at the left toe. He was admitted to the hospital initially from 19.08.2015 to 08.09.2015 and thereafter, in the second round of admission, he took treatment from 03.10.2015 to 29.10.2015, during which, he underwent Open Reduction and internal fixation (ORIF) with plating. 12. It is seen that, P.W.2 - Medical Officer assessed disability at 26% to the right lower limb and therefore, the Tribunal without considering the functional disability, awarded the compensation amount by accepting the 1/3rd - 7 - HC-KAR NC: 2025:KHC:39238 MFA No. 1478 of 2022 of the physical disability to be the functional disability. It is pertinent to note that, the appellant being an agricultural coolie at the age of 35 years has suffered several fractures resulting in admission and had underwent Open Reduction and internal fixation (ORIF). Therefore, in the considered opinion of this Court, the functional disability of the appellant who was an agricultural coolie, definitely, is more than normal 1/3rd of the physical disability. Hence, the functional disability of the appellant is held to be 10%. 14. The Tribunal has considered the notional income of the appellant at Rs.6,000/-. In the absence of proof of income, the notional income of the appellant is assessed at Rs.9,000/- per month as per the guidelines issued by Karnataka State Legal Services Authority for settlement of disputes before the Lok adalat, which is held in plethora of decisions to be in general conformity with the wages fixed under Minimum Wages Act. - 8 - HC-KAR NC: 2025:KHC:39238 MFA No. 1478 of 2022 15. In that view of the matter, the compensation under the head of loss of income due to disability is calculated as under by adopting the multiplier of 16. Rs.9,000/- X 12 X 16 X 10/100 = Rs.1,72,800/- 16. As a consequence holding that the appellant could not go for work atleast for three months, the compensation under the head of loss of income during laid up period is enhanced to Rs.27,000/-. The Tribunal has awarded a sum of Rs.30,000/- towards pain and sufferings and the same is enhanced to Rs.40,000/- considering the nature of treatment given to him. The Tribunal has awarded a sum of Rs.3,000/- towards medical expenses by rejecting a bill worth of Rs.5,500/- saying that, it does not bear the seal. This Court opines that, such rejection is uncalled for and therefore, the appellant is entitled to total sum of Rs.8,000/- under the head of medical expenses. Since the appellant was inpatient about 45 days, as he was admitted twice, it would be appropriate to award Rs.45,000/- under the head 'diet, food, nourishment, - 9 - HC-KAR NC: 2025:KHC:39238 MFA No. 1478 of 2022 attendant and conveyance charges'. The Tribunal has awarded a sum of Rs.20,000/- towards loss of amenities and the same is enhanced to Rs.30,000/-. Hence, the appellant is entitled to a total sum of Rs.3,22,800/- under the following heads: Sl. No. Particulars - Amount 1. Towards Pain and sufferings - Rs. 40,000-00 2. Towards Medical expenses - Rs. 8,000-00 3. Towards diet, food, nourishment, attendant and conveyance charges - Rs. 45,000-00 4. Loss of income during laid up period - Rs. 27,000-00 5. Towards loss of future earning capacity - Rs. 1,72,800-00 6. Towards Loss of amenities - Rs. 30,000-00 TOTAL - Rs.3,22,800-00 Less: Awarded by Tribunal - Rs. 1,83,160-00 Enhancement - Rs.1,39,640-00 17. In view of the above, I proceed to pass the following: ORDER i. The appeal filed by the appellant is partly allowed. - 10 - HC-KAR NC: 2025:KHC:39238 MFA No. 1478 of 2022 ii. Petitioner is entitled for an amount of Rs.1,39,640/- in addition to the compensation awarded by the Tribunal along with interest @ 6% p.a. from the date of petition, till the disposal before the Tribunal. iii. The impugned judgment and award is modified accordingly. iv. Respondent No.2 - Insurance Company is directed to deposit the compensation within a period of four weeks before the Tribunal. v. All other aspects of the impugned award remain unaltered. Sd/- (C M JOSHI) JUDGE KLV List No.: 1 Sl No.: 9 CT: BHK