- 1 - HC-KAR NC: 2025:KHC-D:8588 MFA No. 103643 of 2018 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 103643 OF 2018 (MV-I) BETWEEN: 1. 1A. SRI. JIMMY JACOB, SINCE DECEASED BY HIS LR’S., AMMANNI W/O. JIMMY JACOB, AGE: 65 YEARS, OCC: HOUSEWIFE, R/O: PURLAKIBEN, ANKOLA TALUK, U.K. DISTRICT. 1B. ANIPRIYA JIMMY JACOB, AGED 32 YEARS, OCC: HOUSEWIFE/HOUSEHOLD, R/O: PURLAKIBEN, ANKOLA TALUK, U.K. DISTRICT. … APPELLANTS (BY SRI ANKIT DESAI, ADVOCATE.) AND: 1. SRI KUPPA SOMAIYA GOUDA, AGED ABOUT 71 YEARS, R/O: KATAGARKOPPA, KOBRE, BHATKAL, DIST: U.K., (REGISTERED OWNER OF MARUTI OMNI BEARING NO. KA-47/M-642). 2. THE UNITED INDIA INSURANCE COMPANY LTD., BY ITS DIVISIONAL MANAGER, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8588 MFA No. 103643 of 2018 DIVISIONAL OFFICE, RADHA GOVIND COMPLEX, KAIKINI ROAD, KARWAR. … RESPONDENTS (BY SMT. PREETI SHASHANK, ADVOCATE FOR R2; R1 – SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 27.09.2017, PASSED IN M.V.C.NO.52/2013, ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T., AT ANKOLA AND ETC.,. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 27.09.2017, passed by the Senior Civil Judge and Additional MACT, Ankola, in MVC No.52/2013, seeking enhancement of compensation. 2. Heard the arguments and perused the trial Court records and the appeal papers. - 3 - HC-KAR NC: 2025:KHC-D:8588 MFA No. 103643 of 2018 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 4. In this case the claimant had sustained injuries in a road traffic accident occurred on 29.04.2012. From the medical evidence on record, it is proved that the claimant had suffered the following injuries. “A atiny hemorrhagic contusion is noted in pons; A small hemorrhagic contusion noted in right basel ganglia with significant surrounding edema; Multiple small contusion noted in left high parietal region; Acute small extra dural hematoma measuring 2.8 cm x 1 cm is seen over laying right posterior temporal region; Mild subarachnoid hemorrhagic noted over laying bilateral temporoparietal region; Mild cerebral edema; Linear fracture of right parietal bone extending down up to mastoid part of right temporal bone; - 4 - HC-KAR NC: 2025:KHC-D:8588 MFA No. 103643 of 2018 Segmental fractures of posterilateral wall of left maxillary sinus are noted; Undisplayed fracture of right paramedian mandible bone; A small left high parietal contusion.” 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 50,000 2. Food and nourishment charges. 20,000 3. Attendant charges. 20,000 4. Travelling expenses. 10,000 5. Medical expenses. 88,400 6. Loss of income during laid up period. 42,000 7. Future medical expenses. 30,000 8. Loss of future income. 4,75,200 Total: 7,35,600 6. Being aggrieved by the awarding of lesser compensation by the tribunal, the claimant has filed this appeal seeking enhancement of compensation. 7. During the pendency of appeal the claimant died on 20.10.2022. When the judgment was rendered by - 5 - HC-KAR NC: 2025:KHC-D:8588 MFA No. 103643 of 2018 the tribunal, the claimant was alive. During the pendency of the appeal the claimant died. Thereafter the appeal is pursued by legal heirs of the deceased claimant. Therefore the appeal is treated as it is a case of injury. Therefore, in this case the question is to be considered is whether the appellants who are legal heirs of deceased claimant are entitled for enhanced compensation and if so, to what extent. 8. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award of the tribunal. 9. Considering the nature of injuries sustained and as per the evidence of doctor PW.5 that the claimant had suffered 75 – 80% disability, and accordingly issued disability certificate at Ex.P.288. But the tribunal has considered only 60% of disability. It is evidence of the claimant coupled with the documentary evidence and the - 6 - HC-KAR NC: 2025:KHC-D:8588 MFA No. 103643 of 2018 evidence of doctor PW.5 that the claimant was completely bedridden and he was completely dependent upon the family members at home. Therefore, the maximum disability suffered by the claimant is to be considered as 80% to the whole body. 10. Therefore, as per the age group mentioned in National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme Court Cases 680, and as per the Division Bench judgment of this Court in New India Assurance Company vs. Abdul S/o Mehaboob Tahasildar in MFA No.103807/2016 C/w. MFA Nos.103835/2016 & 103807/2018 and as per the judgment of the Hon’ble Supreme Court in the case of Sidram vs. Divisional Manager, United India Insurance Company Limited and another reported in (2023) 3 SCC 439, even in the case of injuries, certain income is to be added towards loss of future prospects in life. - 7 - HC-KAR NC: 2025:KHC-D:8588 MFA No. 103643 of 2018 11. The accident is caused on29.04.2012. The claimant was doing work in CMA Hospital at Ankola. Though the claimant has stated that he was getting a salary of Rs.6,000/- per month, but the notional income as per the chart is Rs.6,500/- which is based on the minimum wages notified by the Government from time to time. Therefore, notional income of Rs.6,500/- per month is taken into consideration for the accident year 2012, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 51 years at the time of accident. Therefore, considering his age, 10% of the income is to be added towards loss of future prospects and the appropriate applicable multiplier is 11. 12. Hence, loss of future income due to disability is hereby re-assessed and quantified as Rs.7,55,040/- (Rs.6,500 + 10% x 80% x 12 x 11). - 8 - HC-KAR NC: 2025:KHC-D:8588 MFA No. 103643 of 2018 13. Further, a sum of Rs.39,000/- is awarded towards loss of income during laid up period for a period of six months (Rs.6,500/- x 6 months). 14. Considering the injuries sustained, a compensation of Rs.1,00,000/- towards pain and suffering and Rs.50,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.88,400/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.75,000/- towards incidental expenses like food, nourishment, travelling, attendant charges, etc., is awarded. Considering the injuries sustained by the claimant, and evidence of the claimant and the doctor PW.5, coupled with documentary evidence, a sum of Rs.50,000/- is awarded towards future medical expenses and a sum of Rs.1,20,000/- is awarded towards future attendant charges for a period of two years at the rate of Rs.5,000/- per month since the claimant was completely bedridden. - 9 - HC-KAR NC: 2025:KHC-D:8588 MFA No. 103643 of 2018 15. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 1,00,000 2. Loss of amenities. 50,000 3. Medical expenses and hospital charges. 88,400 4. Loss of income during laid up period and medical treatment period. 39,000 5. Incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 75,000 6. Loss of future earning capacity. 7,55,040 7. Future medical expenses. 50,000 8. Future attendant charges. 1,20,000 Total: 12,77,440 16. Therefore, the claimant is entitled for total compensation of Rs.12,77,440/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.7,35,600/- awarded by the Tribunal. The insurance company shall deposit the compensation amount within eight weeks from the date of receipt of a certified copy of this judgment. 17. In the result, I proceed to pass the following: - 10 - HC-KAR NC: 2025:KHC-D:8588 MFA No. 103643 of 2018 ORDER i) The appeal is allowed in part. ii) The judgment and award dated 27.09.2017, passed by the Senior Civil Judge and Additional MACT, Ankola, in MVC No.52/2013, stands modified. iii) The claimant is entitled for a total compensation of Rs.12,77,440/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.7,35,600/- awarded by the Tribunal. iv) The claimant is not entitled for interest for the delayed period of 215 days in filing the appeal. v) The insurance company shall deposit the compensation amount along with interest - 11 - HC-KAR NC: 2025:KHC-D:8588 MFA No. 103643 of 2018 within eight weeks from the date of receipt of a certified copy of this judgment. vi) Send back the trial Court records along with a copy of this judgment and award to the tribunal. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 79