- 1 - HC-KAR NC: 2025:KHC-D:8656 MFA No. 23892 of 2013 C/W MFA No. 23893 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 23892 OF 2013 (MV) C/W MISCELLANEOUS FIRST APPEAL NO. 23893 OF 2013 IN MFA NO. 23892 OF 2013: BETWEEN: IBRAHIM S/O. LATIFSAB, OCC: VEGETABLE MERCHANT, AGE: 30 YEARS, R/O: NEAR JAMIYA MASJID, TQ: GANGAVATHI, DIST: KOPPAL. … APPELLANT (BY SRI. M. AMAREGOUDA, ADVOCATE) AND: 1. MUTTU @ MUTTAPPA S/O. GOVINDAPPA, AGE: 32 YEARS, OCC: LORRY DRIVER, BEARING NO.KA-25/B-7978, R/O: RAHENAHALLI, TQ: MUNDARAGI, DIST: GADAG. 2. CHANDRASHEKHAR S/O. BASAVENNEPPA SAMBAGI, AGE: 70 YEARS, OCC: OWNER OF LORRY, BEARING NO.KA-25/B-7978, R/O: RAMESHWAR BHAVAN, NO.4, BHUVANESHWARI ROAD, KESHWAPUR, SIDDESHWAR KRUPA, HUBBALLI. 3. THE MANAGER, CHORAMANDALAM M.F., GENERAL INSURANCE CO. LTD., NEAR TRINITY CIRCLE DOWN, IST CROSS, CUNNINGHAM ROAD, NO.9/1. ULSOOR ROAD, BENGALURU. … RESPONDENTS Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8656 MFA No. 23892 of 2013 C/W MFA No. 23893 of 2013 (BY SRI. RAVINDRA R. MANE, ADVOCATE FOR R3; R1 AND R2-SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 25.06.2011 PASSED IN M.V.C. NO.244/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T. AT GANGAVATHI AND ENHANCE THE COMPENSATION BY RS.3,89,800/- IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO. 23893 OF 2013: BETWEEN: MOHAMMED GOUSE S/O. MOHAMMED ALI AGE: 35 YEARS, OCC: MECHANIC WORK R/O: BENDRAWADI, GANGAVATHI, DIST: KOPPAL. … APPELLANT (BY SRI. M. AMAREGOUDA, ADVOCATE) AND: 1. MUTTU @ MUTTAPPA S/O. GOVINDAPPA, AGE: 32 YEARS, OCC: LORRY DRIVER, BEARING NO.KA-25/B-7978, R/O: RAHENAHALLI, TQ: MUNDARAGI, DIST: GADAG. 2. CHANDRASHEKHAR S/O. BASAVENNEPPA SAMBAGI, AGE: 70 YEARS, OCC: OWNER OF LORRY, BEARING NO.KA-25/B-7978, R/O: RAMESHWAR BHAVAN, NO.4, BHUVANESHWARI ROAD, KESHWAPUR, SIDDESHWAR KRUPA, HUBBALLI. 3. THE MANAGER, CHORAMANDALAM M.F., GENERAL INSURANCE CO. LTD., NEAR TRINITY CIRCLE DOWN, IST CROSS, CUNNINGHAM ROAD NO. 9/1. ULSOOR ROAD, BENGALURU. … RESPONDENTS (BY SRI. RAVINDRA R. MANE, ADVOCATE FOR R3; R1 AND R2-SERVED) - 3 - HC-KAR NC: 2025:KHC-D:8656 MFA No. 23892 of 2013 C/W MFA No. 23893 of 2013 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 25.06.2011 PASSED IN M.V.C. NO.245/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T. AT GANGAVATHI AND ENHANCE THE COMPENSATION BY RS.3,69,080/- IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS ARE COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Both these appeals are filed by the claimants challenging the common judgment and award dated 25.06.2011 passed in MVC Nos.244/2008 and 245/2008 on the file of the Senior Civil Judge and MACT, Gangavathi (for short, ‘Tribunal’). 2. The occurrence of accident and injuries sustained by the claimant are not in dispute in this case. The Insurance Company disputing on the fact that the company has not issued insurance policy. 3. The Tribunal while awarding compensation has fastened liability on the owner of lorry bearing registration No.KA-25B-7978, on the reason that, the claimants have - 4 - HC-KAR NC: 2025:KHC-D:8656 MFA No. 23892 of 2013 C/W MFA No. 23893 of 2013 failed to prove that respondent No.3/Insurance Company has issued insurance policy. Therefore, the claimants have preferred the present appeal seeking enhancement of compensation as well as modification of liability. 4. It is the case of claimants that respondent No.3/Insurance Company has issued insurance policy as Ex.P9, but it is denied by the Insurance Company. It is the assertion made by the Insurance Company that the company has not issued insurance policy. Ex.P9 is the certified copy of insurance policy, issued in the name of insurance company. When this factum of issuance of insurance policy is disputed, then the evidence of RW.1, who is the authorized officer of Insurance Company, is to be considered and appreciated. 5. Therefore, as per the evidence above stated by RW.1, she has admitted that the company has issued insurance policy pertaining to the vehicle involved in the accident. Further, the answer given by RW.1 to the suggestion that, though the insurance policy is issued as per - 5 - HC-KAR NC: 2025:KHC-D:8656 MFA No. 23892 of 2013 C/W MFA No. 23893 of 2013 Ex.P9, but was not received by the owner of offending vehicle. 6. Therefore, one thing is proved that Ex.P9- Insurance Company is issued by the insurance company. Then, the name of owner of lorry is mentioned as appearing on Ex.P9-insurance policy. Further, chassis number and registration number is appearing in the insurance policy. Therefore, upon considering the evidence of RW-1 in cross- examination and Ex.P9, it is proved that the respondent No.3-insurance company has issued insurance policy. Therefore, the Tribunal has committed an error in fastening liability on the owner. Just because, insurance policy number is not appearing in the Ex.P9, that does not mean that the company has not issued insurance policy. Therefore, when the name of owner of the lorry and chassis number are found to be in appearance and the evidence of RW-1 in cross- examination admitted that Ex.P9 issued, therefore, it is proved that the company has issued insurance policy. Hence, the findings in this regard of the Tribunal are perverse. Therefore, the said finding is set aside. - 6 - HC-KAR NC: 2025:KHC-D:8656 MFA No. 23892 of 2013 C/W MFA No. 23893 of 2013 Regarding Quantum in MFA No.23892/2013 7. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries. “Fracture of right clavicle and left femur.” 8. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Injury pain and sufferings. 34,000/- 2. Loss of earnings during medical treatment. 9,000/- 3. Medical expenses 5,000/- 4. Loss of future earnings 97,200/- 5. Loss of amenities 5,000/- 6. Conveyance, Nourishment, food and attending charges. 5,000/- Total: 1,55,200/- 9. Considering the nature of injuries sustained, compensation awarded by the Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. - 7 - HC-KAR NC: 2025:KHC-D:8656 MFA No. 23892 of 2013 C/W MFA No. 23893 of 2013 10. Considering the injuries sustained, a compensation of Rs.30,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges is Rs.5,000/- as per the medical bills and receipts produced; therefore, the same is kept intact. Further, Rs.10,000/- towards incidental expenses like food, nourishment, diet and attendant charges, etc., Rs.8,500/-(4,250 x 2) towards loss of income during laid up period for a period of two months is awarded. 11. The Doctor has stated that the claimant had suffered 30 to 32% permanent physical disability to the left clavicle and 15% to the whole body. Therefore, the Tribunal is correct in taking 15% as functional disability. 12. The accident is caused in the year 2008. Therefore, notional income of Rs.4,250/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 25 years old at the time of accident. Therefore, - 8 - HC-KAR NC: 2025:KHC-D:8656 MFA No. 23892 of 2013 C/W MFA No. 23893 of 2013 appropriate applicable multiplier is ‘18’. Hence, loss of future income due to disability is hereby reassessed as Rs.1,37,000/- (Rs.4,250/-x 15% x 18 x 12). 13. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and sufferings. 30,000/- 2. Towards loss of amenities. 15,000/- 3. Towards loss of income during laid up period.(4,250 x 2) 8,500/- 4. Towards attendant, Diet, Nourishment charges and Conveyance etc,. 10,000/- 5. Towards Medical Expenses. 5,000/- 6. Towards loss of future income due to disability. 1,37,000/- Total: 2,05,500/- 14. Therefore, the claimant is entitled for total compensation of Rs.2,05,500/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,55,200/- awarded by the Tribunal. - 9 - HC-KAR NC: 2025:KHC-D:8656 MFA No. 23892 of 2013 C/W MFA No. 23893 of 2013 Regarding Quantum in MFA No.23893/2013 15. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries. “Fracture of clavicle bone and fracture of right femur.” 16. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Injury pain and sufferings. 34,000/- 2. Loss of earnings during medical treatment. 9,000/- 3. Medical expenses 5,000/- 4. Loss of future earnings 97,920/- 5. Loss of amenities 5,000/- 6. Conveyance, Nourishment, food and attending charges. 5,000/- Total: 1,55,920/- 17. Considering the nature of injuries sustained, compensation awarded by the Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. - 10 - HC-KAR NC: 2025:KHC-D:8656 MFA No. 23892 of 2013 C/W MFA No. 23893 of 2013 18. Considering the injuries sustained, a compensation of Rs.30,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges is Rs.5,000/- as per the medical bills and receipts produced; therefore, the same is kept intact. Further, Rs.10,000/- towards incidental expenses like food, nourishment, diet and attendant charges, etc., Rs.8,500/-(4,250 x 2) towards loss of income during laid up period for a period of two months is awarded. 19. The Doctor has stated that the claimant had suffered 30 to 35% permanent physical disability to the right clavicle and right hip and 16% to the whole body. Therefore, the Tribunal is correct in taking 16% as functional disability. 20. The accident is caused in the year 2008. Therefore, notional income of Rs.4,250/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was - 11 - HC-KAR NC: 2025:KHC-D:8656 MFA No. 23892 of 2013 C/W MFA No. 23893 of 2013 aged 30 years old at the time of accident. Therefore, appropriate applicable multiplier is ‘17’. Hence, loss of future income due to disability is hereby reassessed as Rs.1,38,720/- (Rs.4,250/-x 16% x 17 x 12). 21. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and sufferings. 30,000/- 2. Towards loss of amenities. 15,000/- 3. Towards loss of income during laid up period.(4,250 x 2) 8,500/- 4. Towards attendant, Diet, Nourishment charges and Conveyance etc,. 10,000/- 5. Towards Medical Expenses. 5,000/- 6. Towards loss of future income due to disability. 1,38,720/- Total: 2,07,220/- 22. Therefore, the claimant is entitled for total compensation of Rs.2,07,220/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,55,920/- awarded by the Tribunal. - 12 - HC-KAR NC: 2025:KHC-D:8656 MFA No. 23892 of 2013 C/W MFA No. 23893 of 2013 23. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 24. In the result, I proceed to pass the following: ORDER i. Both appeals are allowed in part. ii. The common judgment and award dated 25.06.2011 passed in MVC Nos.244/2008 and 245/2008 on the file of the Senior Civil Judge and MACT, Gangavathi, stands modified. iii. The claimant in MFA No.23892/2013 is entitled for total compensation of Rs.2,05,500/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,55,200/- awarded by the Tribunal. iv. The claimant in MFA No.23893/2013 is entitled for total compensation of - 13 - HC-KAR NC: 2025:KHC-D:8656 MFA No. 23892 of 2013 C/W MFA No. 23893 of 2013 Rs.2,07,220/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,55,920/- awarded by the Tribunal. v. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment vi. Send a copy of this judgment along with Trial Court records. vii. No order as to costs. viii. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP para 1-5, RKM para 6 to end CT:BCK LIST NO.: 1 SL NO.: 129