- 1 - HC-KAR NC: 2025:KHC:27787 MFA No. 3889 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.3889 OF 2021 (MV-I) BETWEEN: SRI. MANJUNATH GONDA S/O MASTHI GONDA, AGED ABOUT 36 YEARS R/O KARAGADDE, JALI POST BHATKAL TALUK U K DISTRICT - 581320 …APPELLANT (BY SRI. MOHD. ANFAL, ADVOCATE FOR SRI. K PRASANNA SHETTY, ADVOCATE) AND: 1. SRI. MOHAN DURGAYYA GONDA MAJOR S/O DURGAYYA GONDA R/O 195 KARAGADDE JALI POST BHATKAL TALUK U K DISTRICT - 581 320 2. UNITED INDIA INSURANCE CO LTD REP BY ITS BRANCH MANAGER BRANCH OFFICE SRI LAXMI NARASIMHA COMPLEX OPP KSRTC DEPOT NH - 66 VADERAHOBLI KUNDAPURA - 576 201 …RESPONDENTS Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27787 MFA No. 3889 of 2021 (BY SRI. SHANKAR REDDY C, ADVOCATE DIRECTED TO TAKE NOTICE FOR R2; VIDE ORDER DATED 06.07.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO a) MODIFY THE JUDGMENT AND AWARD DATED 06.03.2019 PASSED IN MVC NO. 186/2018 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, BY ENHANCING THE COMPENSATION AWARDED BY THE TRIBUNAL; b) GRANT SUCH OTHER RELIEF OR RELIEF’S AS THIS HON’BLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT This appeal is filed by the appellant/claimant seeking enhancement of the compensation awarded vide judgment and award dated 06.03.2019, in MVC.No.186/2018, passed by the Motor Accident Claims Tribunal, Udupi (sitting at Kundapura), Kundapura (for short ‘Tribunal’). 2. The date of accident, involvement of vehicle, injuries sustained by the appellant and the liability to pay the compensation are not disputed; the only challenge is - 3 - HC-KAR NC: 2025:KHC:27787 MFA No. 3889 of 2021 regarding the quantum of compensation awarded by the Tribunal. 3. Heard Sri.Mohammed Anfal, learned counsel appearing for Sri.K.Prasanna Shetty, learned counsel for the appellant and Sri.Shankar Reddy.C, learned counsel appearing for respondent No.2 – insurance company. 4. Sri.Mohammed Anfal, taking this Court through the judgment passed by the Tribunal vehemently submitted that the Karnataka State Legal Services Authority (for short ‘KSLSA’) has fixed the income so far as ‘unskilled labourer’ for the year 2018 at Rs.12,500/- per month. The date of accident being 17.01.2018, the Tribunal erred in taking the income at Rs.9,500/- and seeks to enhance the income. Further, the appellant has sustained multiple grievous injuries such as: (i) 5 x 5 cm CLW over left shoulder with fibulus anterior tendor rupture - 4 - HC-KAR NC: 2025:KHC:27787 MFA No. 3889 of 2021 (ii) 5 x 7 cm. bone deep degloved wound over dorsum of the left foot with extension rapture (iii) Fracture base of PP of 5th toe of left foot (3 x 5 cm. CLW). 5. The appellant was working as a coolie and in view of the injuries suffered, he is unable to do his routine work and also attend his avocation, and seeks for enhancement of compensation. 6. Learned counsel for the respondent opposed for any enhancement, however, he does not dispute the amount fixed by the KSLSA in the year 2018. 7. Having heard the learned counsel for the parties, I have gone through the impugned judgment and award and the entire appeal papers. The only question that would arise for consideration is: “Whether the quantum of compensation awarded by the Tribunal is justified, if not, the appellant is entitled for enhancement of compensation?” - 5 - HC-KAR NC: 2025:KHC:27787 MFA No. 3889 of 2021 8. My answer to the above point for consideration is ‘partly in affirmatively’ for the following reasons: The appellant has suffered grievous injuries as stated supra. The treated Doctor was examined as PW-1 who has assessed the disability at 18% to the particular limb and 9% to the whole-body. Admittedly, the accident has occurred in the year 2018 and as per the chart prepared by KSLSA, the notional income fixed is at Rs.12,500/- per month. The injured was aged 34 years old at the time of the accident and the appropriate multiplier as per the judgment of the Hon’ble Apex Court in the case of SARLA VERMA AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANOTHER1 is ‘16’. Having regard to the disability suffered and as assessed by the treated Doctor, PW-1, disability is taken at 9% to the whole-body; with respect to avocation of appellant being a labour, which would meet the ends of justice. In view of the income stated supra and on redetermination of ‘LOSS OF 1 1 2009 ACJ 1298 - 6 - HC-KAR NC: 2025:KHC:27787 MFA No. 3889 of 2021 FUTURE INCOME’ works out as follows: Rs.2,16,000/- (Rs.12,500/- x 12 x 16 x 9%). 9. The injuries suffered by the appellant are grievous in nature and hence a sum of Rs.50,000/- is awarded under the head ‘PAIN AND SUFFERINGS’, which is just and proper. 10. Towards ‘Medical Expenses’, as per Exhibits-P8 the appellant-claimant has incurred a sum of Rs.48,952/- and the same is awarded under the said head. 11. Admittedly, the appellant-claimant was inpatient for 7 days, as per the evidence before the Tribunal, which is not seriously disputed by the respondent. Therefore, a sum of Rs.20,000/- is awarded towards ‘ATTENDANT CHARGES, EXTRA- NOURISHMENT, FOOD AND CONVEYANCE EXPENSES’. - 7 - HC-KAR NC: 2025:KHC:27787 MFA No. 3889 of 2021 12. The Tribunal has not awarded compensation under the head ‘LOSS OF AMENITIES’. Hence, a sum of Rs.30,000/- is awarded under the said head. 13. In the facts and circumstances of the case, since he was inpatient for 7 days in view of the accidental injuries, the claimant would have taken rest atleast for a period of 3 months. Therefore, taking the income at Rs.12,500/- per month and calculating the laid up period for 3 months, the claimant is entitled for a sum of Rs.37,500/- (Rs.12,500 x 3 months), under the head ‘LOSS OF EARNING DURING LAID UP PERIOD’. 14. In summary, the total compensation re- determined by this Court under various heads is as follows: 1. Loss of future income : Rs. 2,16,000/- 2. Pain and Sufferings : Rs. 50,000/- 3. Medical Expenses : Rs. 48,952/- 4. Attendant charges, extra- nourishment, food and : Rs. 20,000/- - 8 - HC-KAR NC: 2025:KHC:27787 MFA No. 3889 of 2021 conveyance expenses 5. Loss of Amenities : Rs. 30,000/- 6. Loss of income during laid up period : Rs. 37,500/- TOTAL : Rs. 4,02,452/- 15. The total compensation re-determined by this Court works out to Rs.4,02,452/- as against Rs.3,14,000/- awarded by the Tribunal. Hence, the appellant–claimant is entitled for an additional compensation of Rs.88,452/- (Rs.4,02,452 – Rs.3,14,000) along with interest at 6% per annum from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal. Respondent No.2 - Insurance Company is directed to deposit the amount of total enhanced compensation within Six Weeks from the date of receipt of the certified copy of this judgment. 16. For the foregoing reasons, this Court proceeds to pass the following: - 9 - HC-KAR NC: 2025:KHC:27787 MFA No. 3889 of 2021 ORDER i) The appeal is Allowed-In-Part; ii) The judgment and award dated 06.03.2019, in MVC.No.186/2018, passed by the Motor Accident Claims Tribunal, Udupi (sitting at Kundapura), Kundapura is modified; iii) The appellant–claimant is entitled for an additional compensation of Rs.88,452/- (Rs.4,02,452 – Rs.3,14,000) along with interest at 6% per annum from the date of filing of the petition till realization; iv) The enhanced compensation amount shall be deposited by the respondent No.2 - Insurance Company, before the concerned Tribunal, within Six weeks from the date of receipt of a copy of this order. On deposit entire amount to be released in favour of the appellant on proper identification. Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 7