- 1 - HC-KAR NC: 2025:KHC-D:10621 MFA No. 22173 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 22173 OF 2013 (MV-I) BETWEEN: 1. SRI. MANOHAR S/O. PARASHRAM NESARKAR AGE: 27 YEARS, OCC: AT PRESENT NIL R/O. KHADARWADI, TQ & DIST: BELAGAVI. …APPELLANT (BY SRI. B.M. PATIL, ADV) AND: 1. SRI. VINAYAK CHANDRAPPA PATTAR AGE: 26 YEARS, OCC: BUSINESS R/O. 369/95, INDIRA NAGAR, ANGOL, BELAGAVI. 2. THE NATIONAL INSURANCE CO. LTD, THROUGH ITS DIVISIONAL MANAGER DIVISIONAL OFFICE, RAMDEV GALLI, BELAGAVI. 3. SRI. AMRUT BHAIRU PINGAT 173, SHIVAJI GALLI, KHADARWADI, TQ & DIST: BELAGAVI. 4. THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO. LTD DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI. …RESPONDENTS (BY SRI. SURESH S GUNDI, ADV FOR R2, SRI. S.V. YAJI, ADV FOR *R4, NOTICE TO R1 & R3 ARE SERVED) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DTD:08.01.2013 PASSED IN M.V.C. NO.1699/2010 BY THE MEMBER, MACT-I AND PRL. DISTRICT JUDGE, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. *Corrected vide chamber order Dated 17.09.2025 Sd/- (ASKJ) MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:10621 MFA No. 22173 of 2013 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Miscellaneous First Appeal is filed by the claimant challenging the judgment and award dated 08.01.2013 passed in M.V.C.No.1699/2010 by the M.A.C.T-I and Principal District Judge, Belgavi. 2. Brief facts leading rise to the filing of this appeal are as follows: On 25.07.2010, the claimant along with another was proceeding from Khadarwadi cross towards Belagavi on a motorcycle bearing registration No.KA-22/EA-6654. The claimant was the pillion rider and one Arun was the rider of the motorcycle. When they reached near Utsav Hotel on Belgaum-Khanapur road, one car bearing registration No.KA-22/P-0665 came from the opposite direction in a rash and negligent manner and dashed to the motorcycle. As a result, the claimant sustained grievous injuries and - 3 - HC-KAR NC: 2025:KHC-D:10621 MFA No. 22173 of 2013 he spent huge amount toward medical and other expenses. The claimant filed a claim petition under Section 166 of the M.V. Act. The rider also filed a claim petition in M.V.C.No.2349/2010. 3. The owner of the car filed statement of objections denying the averments made in the claim petition. It is contended that the car was insured with the insurance company and the driver of car was having a valid and effective driving licence as on the date of accident. Hence, in case if the Tribunal comes to the conclusion that the claimant is entitled for compensation, the liability to pay the compensation be saddled on the insurance company. Hence, he prays to dismiss the claim petition as against the owner of the car. 4. The insurance company filed a statement of objections denying the averments made in the claim petition. Hence, prays to dismiss the claim petition. - 4 - HC-KAR NC: 2025:KHC-D:10621 MFA No. 22173 of 2013 5. The owner and insurer of the motorcycle also filed statement of objections denying the claim averments made in the claim petition and prays to dismiss the claim petition as against them. 6. The Tribunal based on the pleadings of the parties, clubbed both the claim petitions and framed separate issues. 7. The claimant to substantiate his case, examined himself as PW-1, claimant in M.V.C.No.2349/2010 was examined as PW-2, examined the doctor as PW-3 and marked 359 documents as Exs.P-1 to P-359. In rebuttal, the respondents did not adduce any oral evidence but marked insurance policy as Ex.R-1 with consent. 8. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part and held that the claimant is entitled to compensation of Rs.4,75,530/- along with interest at the rate of 9% p.a. from the date of petition till the date of realisation and - 5 - HC-KAR NC: 2025:KHC-D:10621 MFA No. 22173 of 2013 owner and insurer of the car are jointly and severally liable to pay the compensation and directed the insurance company of the car to deposit the compensation amount within two months from the date of the order. The claimant, being dissatisfied with the quantum of compensation, filed this appeal. 9. Heard the arguments of the learned counsel for claimant and learned counsel for insurance companies of the car and motorcycle. 10. Learned counsel for claimant submits that the claimant has sustained grievous injuries. In order to prove the disability, he has examined the doctor as PW-3 who opined that the claimant has sustained permanent disability to the extent of 70% to the whole body wherein the Tribunal has assessed the disability at 12% which is on the lower side. He also submits that the compensation awarded by the Tribunal is on the lower side. Hence, on these grounds, he prays to allow the appeal. - 6 - HC-KAR NC: 2025:KHC-D:10621 MFA No. 22173 of 2013 11. Per contra, learned counsel for insurance company of the car submits that the compensation awarded by the Tribunal is just and proper and do not call for any interference. Hence, prays to dismiss the appeal. 12. Learned counsel for the insurance company of the motorcycle supported the judgment and award passed by the Tribunal. 13. Perused the records and considered the submissions of the learned counsel for the parties. 14. The point that would arise for consideration is with regard to the quantum of compensation. 15. There is no dispute that the claimant had sustained injuries in the road traffic accident. To prove that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle, the claimant has produced a charge sheet at Ex.P-6 which discloses that the accident occurred due to the rash and negligent driving of the driver of the car. Insofar as quantum of - 7 - HC-KAR NC: 2025:KHC-D:10621 MFA No. 22173 of 2013 compensation is concerned, to prove the disability, the claimant has examined the doctor as PW-3 who has deposed that he examined the claimant clinically and radiologically and he opined that the claimant has suffered three fracture injuries to the right leg and he has been operated and nails and screws were put to his right lower limb and putting nails and screws is that there should be proper union of fractures bones. He opined that the claimant has suffered disability to the extent of 70% to the right lower limb. The Tribunal has considered the disability at 25% which is just and proper. The claimant has contended that he was earning Rs.8,000/- p.m. To substantiate his case, the claimant has not produced any income proof. In the absence of income proof, the Tribunal has taken the income of the claimant at Rs.6,000/- which is just and proper. In addition to it, the Tribunal should have added the future prospects in view of the proposition of law laid down by the Hon’ble Apex Court in case of National Insurance Company Limited vs. Pranay Sethi - 8 - HC-KAR NC: 2025:KHC-D:10621 MFA No. 22173 of 2013 and Others1. As the claimant was aged 27 years as on the date of accident, 40% of future prospects is to be added to the income of the claimant. The Tribunal has rightly applied the multiplier of 17. Accordingly, loss of future income of the claimant is worked out as under: Rs.6,000+2,400 (40% of Rs.6,000/-) = Rs.8,400/- Rs.8,400 x 12 x 17 x 25% = 4,28,400/- 16. Thus, this Court on re-assessment of entire evidence on record, awards the following compensation : Sl. No. Heads of compensation Compensation awarded in Rs. By the Tribunal By this Court 1 Pain and suffering 10,000/- 40,000/- 2 Loss of amenities and comforts in life 5,000/- 50,000/- 3 Special diet, conveyance and incidental charges 10,000/- 25,000/- 4 Attendant charges etc. for 152 days 60,800/- 50,400/- 5 Loss of income during laid up period for 152 days 30,400/- 80,000/- 6 Medical expenses 2,12,450/- 2,12,450/- 7 Loss of future income 1,46,880/- 4,28,400/- Total 4,75,530/- 8,86,250/- Compensation enhanced by: 4,10,720/- 1 AIR 2017 SC 5157 - 9 - HC-KAR NC: 2025:KHC-D:10621 MFA No. 22173 of 2013 17. Thus, in all the claimant is entitled to a total compensation of Rs.8,86,250/-. The enhancement of compensation is Rs.4,10,720/-. 18. In view of the above discussion, I proceed to pass the following: ORDER (i) Miscellaneous First Appeal is allowed in part. (ii) The judgment and award dated 08.01.2013 passed in M.V.C.No.1699/2010 by the M.A.C.T-I and Principal District Judge, Belagavi is modified. (iii) The claimant is entitled to enhanced compensation of Rs.4,10,720/- with interest at 6% p.a. from the date of petition till realization. (iv) The respondent-insurance company i.e., National Insurance Co. Ltd. is liable to pay the compensation amount with accrued interest to the claimant. (v) The National Insurance Co. Ltd. is directed to deposit the compensation amount with - 10 - HC-KAR NC: 2025:KHC-D:10621 MFA No. 22173 of 2013 accrued interest within eight weeks from the date of receipt of a copy of this order. (vi) Office is directed to transmit the records. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT: BSB List No.: 1 Sl No.: 8