- 1 - HC-KAR NC: 2025:KHC-D:8552 MFA No. 102414 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. 102414 OF 2018 (MV-I) BETWEEN: GIRISH @ GIRI S/O. THAYAPPA, AGE: 29 YEARS, OCC: LABOUR, R/O: BAPUJI NAGAR, WARD NO.7, R.K. MILL ROAD, NEAR VENKAPPATHATA MATTA, BALLARI-583 101. … APPELLANT (BY SRI M. AMAREGOUDA, ADVOCATE.) AND: 1. RAMUR @ RAMACHANDRA T. S/O. HONNURAPPA, AGE: 30 YEARS, OCC: DRIVER OF CAR NO. KA-34/TR 7985, R/O: 7TH WARD, BAPUJI NAGAR, BALLARI-583 101. 2. RAMESH P. S/O. P. VEERANJANEYULU, AGE: 45 YEARS, OCC: OWNER OF CAR NO.KA-34/TR 7985, R/O: S.N. PET, 6TH CROSS, SHANKAR COLONY, 1ST CROSS, 12/A, BALLARI-583 101. 3. THE BRANCH MANAGER, M/S NATIONAL INSURANCE CO. LTD., BALLARI-583 101. … RESPONDENTS (BY SRI G.N.RAICHUR, ADVOCATE FOR R3; R1 AND R2 – service of notice DISPENSED WITH.) THIS Miscellaneous first appeal IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 19/11/2015 PASSED IN M.V.C. NO.1264/2013, ON THE FILE OF THE MOTOR ACCIDENT CLAIMS Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8552 MFA No. 102414 of 2018 TRIBUNAL-II, AT BALLARI AND ENHANCE THE COMPENSATION BY RS.10,15,380/- IN THE INTEREST OF JUSTICE AND EQUITY. 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 19.11.2015, passed by the Motor Accident Claims Tribunal No.II, Ballari, in MVC No.1264/2013, seeking enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 4. In this case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. - 3 - HC-KAR NC: 2025:KHC-D:8552 MFA No. 102414 of 2018 “Deformity of left arm with …. Wound 3 x 1 cms.; Haematoma over the left thigh; Lacerated wound over the chest; Bleeding from the nose; and Tenderness over left thigh joint.” 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 80,000 2. Medical and hospital expenses. 33,620 3. Loss of income during the period of treatment. 15,000 4. Loss of future earning capacity on account of permanent disability. 3,06,000 5. Future medical expenses. 40,000 6. Unhappiness and loss of amenities. 10,000 Total: 4,84,620 6. Considering the nature of injuries sustained, compensation awarded by tribunal is little bit lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award as under. 7. Considering the injuries sustained by the claimant, permanent physical disability considered by the - 4 - HC-KAR NC: 2025:KHC-D:8552 MFA No. 102414 of 2018 tribunal at 30% is found to be correct. Therefore, the same is kept intact. 8. 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. 9. The accident is caused on 07.04.2013. The claimant was a labourer. He has not produced any proof regarding his income. Therefore, in the absence of proof of - 5 - HC-KAR NC: 2025:KHC-D:8552 MFA No. 102414 of 2018 income, notional income of Rs.7,000/- per month is taken into consideration for the accident year 2013, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 28 years at the time of accident. Therefore, considering his age, 40% of the income is to be added towards loss of future prospects and the appropriate applicable multiplier is 17. 10. Hence, loss of future income due to disability is hereby re-assessed and quantified as Rs.5,99,760/- (Rs.7,000 + 40% x 30% x 12 x 17). 11. Further, a sum of Rs.14,000/- is awarded towards loss of income during laid up period for a period of two months (Rs.7,000/- x 2 months). 12. The compensation of Rs.33,620/- awarded b the tribunal towards medical expenses is as per the actual bills and receipts produced; therefore, the same is kept intact. - 6 - HC-KAR NC: 2025:KHC-D:8552 MFA No. 102414 of 2018 13. Considering the injuries sustained, a compensation of Rs.80,000/- awarded by the tribunal towards pain and suffering, Rs.10,000/- towards loss of amenities awarded by the tribunal are kept intact as they are found to be correct. Further, Rs.10,000/- towards incidental expenses like food, nourishment, travelling, attendant charges, etc., is awarded. Further, Rs.40,000/- awarded by the tribunal towards future medical expenses is also kept intact. 14. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 80,000 2. Loss of amenities. 10,000 3. Medical expenses and hospital charges. 33,620 4. Loss of income during laid up period and medical treatment period. 14,000 5. Incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 10,000 6. Loss of future earning capacity. 5,99,760 7. Future medical expenses. 40,000 Total: 7,87,380 - 7 - HC-KAR NC: 2025:KHC-D:8552 MFA No. 102414 of 2018 15. Therefore, the claimant is entitled for total compensation of Rs.7,87,380/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.4,84,620/- 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. 16. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 19.11.2015, passed by the Motor Accident Claims Tribunal No.II, Ballari, in MVC No.1264/2013, stands modified. iii) The claimant is entitled for a total compensation of Rs.7,87,380/-, along with interest at the rate of 6% p.a. from the date of - 8 - HC-KAR NC: 2025:KHC-D:8552 MFA No. 102414 of 2018 filing of the petition till realization, as against Rs.4,84,620/- awarded by the Tribunal. iv) The claimant is not entitled for interest for the delayed period of 866 days in filing the appeal. v) The insurance company shall deposit the compensation amount along with interest 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 concerned tribunal. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 77