- 1 - HC-KAR NC: 2025:KHC-D:11137-DB MFA No. 102560 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL M.F.A. NO. 102560 OF 2023 (MV-I) BETWEEN: THE MANAGER, THE NEW INDIA ASSURANCE CO. LTD., SADASHIV NAGAR, BELAGAVI-590019, REPRESENTED BY ITS AUTHORIZED SIGNATORY. …APPELLANT (BY SRI. G. N. RAICHUR, ADVOCATE) AND: 1. SRI. ADITYA RAMESH MARGI, AGE: 27 YEARS, OCC: SERVICE, NOW: NIL, R/O. KUDAL, TAL. SHINDADURG, NOW AT: HANCHINAL K. K., TAL. CHIKODI, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11137-DB MFA No. 102560 of 2023 DIST. BELAGAVI-591201. 2. SRI. UMESH ANANT DALAVI, AGE: MAJOR, OCC: BUSINESS, R/O. LAXMINARAYAN PETROL PUMP, UDYAM NAGAR, TAL. KUDAL, DIST. SHINDADURG, MAHARASTRA-416520. …RESPONDENTS (BY SRI. SANTOSH S. HATTIKATAGI, ADV. FOR R1; NOTICE TO R2 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD 10.03.2023 PASSED BY THE COURT OF THE VI ADDL. DISTRICT AND SESSIONS JUDGE AND ADDL. MACT, BELAGAVI IN MVC NO.12/2021 BY REDUCING THE COMPENSATION AWARDED BY THE TRIBUNAL AS PER THE GROUNDS OF APPEAL BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:11137-DB MFA No. 102560 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This appeal is filed by the appellant/insurance company challenging the judgment and award dated 10.03.2023 passed in MVC No.12/2021 by the VI Additional District and Sessions Judge and Additional MACT, Belagavi (for short, ‘Tribunal’). 2. Brief facts leading to filing of this appeal are that on 04.10.2020, at about 04.30 a.m., the injured/claimant was proceeding in Maruti Swift Car bearing Reg.No.MH-07- AG-6009, at that time, met with an accident and sustained grievous injuries. The claim petition is filed seeking compensation for the accidental injury. 3. The respondent No.2 objected the claim petition denying the liability, age, avocation, income and disability of the claimant and sought for dismissal of the claim petition. The Tribunal recorded the evidence, the claimant examined himself as PW1 and examined Dr. Satish - 4 - HC-KAR NC: 2025:KHC-D:11137-DB MFA No. 102560 of 2023 Devagouda Patil as PW2 and got marked documents as Exs.P1 to P18. The respondent did not adduce oral evidence and with the consent got marked Ex.R1. The Tribunal saddled liability on the insurance company to the extent of 95% and 5% on the injured and awarded total compensation of Rs.16,00,000/- along with interest at the rate of 8% p.a. 4. Sri.G.N. Raichur, learned counsel appearing for the appellant submits that the Tribunal has committed grave error in assessing the income of the injured at Rs.14,500/- per month without any basis. It is further submitted that the Tribunal has assessed the disability on its own at 30% contrary to the Doctor’s evidence on record and also award of compensation for permanent physical impairment would not arise as there is no evidence on record to the said effect. It is also submitted that the award of compensation under the head of loss of income during the laid-up period is also on higher side. Hence, he seeks to allow the appeal. - 5 - HC-KAR NC: 2025:KHC-D:11137-DB MFA No. 102560 of 2023 5. Per contra, Sri. Santhosh S. Hattikatagi, learned counsel appearing for the respondents supports the impugned judgment and award of the Tribunal and submits that the injury caused to the claimant to the cervical spine. Taking note of the same, the Tribunal has recorded detailed finding after considering the evidence on record which does not call for any interference. Hence, he seeks to dismiss the appeal. 6. We have heard the arguments of learned counsel for the respective parties and perused the material available on record including trial Court records. The following point that would arise for our consideration in the present appeal is, whether the impugned judgment and award calls for any interference? 7. Answer to the above point would be in the “affirmative” for the following reasons: 8. The appellant and respondent/claimant does not dispute that in a road accident dated 04.10.2020, the - 6 - HC-KAR NC: 2025:KHC-D:11137-DB MFA No. 102560 of 2023 respondent/claimant sustained grievous injuries and provided treatment in different hospitals. To substantiate the disability suffered by the claimant, he deposed before the Tribunal as PW1 and also examined PW2-Dr.Satish Devagouda Patil. The perusal of the oral testimony of PW2 and disability certificate at Ex.P12 indicates that the respondent sustained cervical injury i.e., Grade-III Odontoid fracture. Taking note of the same, the Doctor has assessed disability at 20%. In our considered view, the Tribunal has committed an error in assessing disability at 30% without any evidence on record. Hence, we propose to reassess the disability at 20%. Admittedly, the claimant has not produced any legally acceptable evidence before the Tribunal with regard to the income. Hence, we notionally re- assess the income of the injured at Rs.13,750/- per month by placing reliance on the notional income chart prepared by the Karnataka State Legal Services Authority. The appropriate applicable multiplier would be ‘18’ as the injured was aged about 25 years at the time of accident. - 7 - HC-KAR NC: 2025:KHC-D:11137-DB MFA No. 102560 of 2023 Further, we have noticed that the Tribunal has committed an error in awarding Rs.2,50,000/- under the head of compensation for permanent physical impairment. The oral testimony of PW2 and medical record does not indicate that the respondent/claimant had suffered any permanent physical impairment. Hence, the award of compensation under the aforesaid head is without any evidence. Therefore, the same is required to be set aside. The compensation awarded under the head income during laid- up period is unaltered taking note of duration of hospitalization and treatment provided to the claimant. The award of compensation under the head of food, diet, nourishment, attendant, conveyance charges and etc., is on higher side. Hence, we are of the considered view that interest of justice would be met if we award Rs.25,000/- under the said head. The Tribunal has awarded Rs.40,000/- under the head of loss of marriage prospects. There is no evidence on record to come to conclusion that due to the injuries suffered, the claimant would not be able to marry. - 8 - HC-KAR NC: 2025:KHC-D:11137-DB MFA No. 102560 of 2023 Hence, the same is required to be set aside. However, we award Rs.40,000/- under the head of loss of amenities of life of the claimant. The award of compensation under the head of pain and sufferings, future medical expenses is unaltered. Accordingly, the injured/claimant would be entitled to compensation on the head of loss of future income due to disability is as under: Rs.13,750 x 12 x 18 x 20% = Rs.5,94,000/- 9. Thus, the claimant is entitled for the following modified compensation: 1 Loss of future income due to disability Rs.5,94,000/- 2 Medical expenses Rs.2,75,000/- 3 Pain and sufferings Rs.40,000/- 4 Food, diet, nourishment, conveyance, attendant charges and etc., Rs.25,000/- 5. Future medical expenses Rs.30,000/- 6. Loss of income during laid up period Rs.50,000/- 7. Loss of amenities in life Rs.40,000/- Total Rs.10,54,000 /- 10. Thus, the claimant would be entitled to total compensation of Rs.10,54,000/- as against Rs.16,00,000/- awarded by the Tribunal. - 9 - HC-KAR NC: 2025:KHC-D:11137-DB MFA No. 102560 of 2023 11. Hence, we proceed to pass the following: ORDER i. The appeal is allowed in part. ii. The impugned judgment and award of the Tribunal is modified holding that the claimant is entitled to total compensation of Rs.10,54,000/- as against Rs.16,00,000/- awarded by the Tribunal. iii. The entire compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of realization. iv. The insurance company shall deposit the aforesaid compensation amount along with accrued interest before the Tribunal within a period of six weeks from the date - 10 - HC-KAR NC: 2025:KHC-D:11137-DB MFA No. 102560 of 2023 of receipt of certified copy of this judgment. v. Registry to transmit the records to the Tribunal forthwith. vi. Draw modified award accordingly. vii. No order as to costs. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RKM /CT-AN List No.: 1 Sl No.: 65