- 1 - HC-KAR NC: 2025:KHC-D:8548 MFA No. 102299 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. 102299 OF 2018 (MV-I) BETWEEN: MANJUNATH S/O. SADASHIV JOGALADAVAR, AGE: 24 YEARS, OCC: COOLIE, R/O: HUNASHIKATTI, TQ: JAMKHANDI, DIST: BAGALKOT-587 301. … APPELLANT (BY SRI SIDDAPPA SAJJAN, ADVOCATE.) AND: 1. BASAVANT S/O. TUKARAM MISHI, AGE: 32 YEARS, OCC: BUSINESS, R/O: A/P: RUDRASWAMI PETH, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOT-587 301. 2. THE BRANCH MANAGER, TATA AIG GENERAL INSURANCE CO. LTD., 15TH FLOOR, TOWER "A", PENISULA BUSINESS PARK, GANAPATRAO KADAM, LOWER PAREL, MARG, MUMBAI-400 013. … RESPONDENTS (BY SRI G.N. RAICHUR, ADVOCATE FOR R2; R1 – NOTICE SERVED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES OF ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION AND AWARD COMPENSATION AS CLAIMED BY THE APPELLANT BY MODIFYING THE JUDGMENT AND AWARD DATED 23.02.2018, IN MVC NO.483/2016, ON THE FILE OF Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8548 MFA No. 102299 of 2018 THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AND MACT NO.V, JAMKHANDI 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 23.02.2018, passed by the Principal Senior Civil Judge and JMFC and MACT No.V, Jamkhandi, in MVC No.483/2016, 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:8548 MFA No. 102299 of 2018 “Grade I compound comminuted fracture of proximal 1/3rd tibia with posterior tibial artery injury left side.” 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 50,000 2. Medical and hospital expenses. 1,89,500 3. Food, diet, nourishment and attendant charges and etc.,. 20,000 4. Loss of future income on account of permanent physical disability. 2,07,360 Total: 4,66,860 6. 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. 7. In the present case the doctor PW.2 has stated that the claimant has suffered 48% permanent physical disability to the left lower limb, but the tribunal has considered it only as 16% to the whole body. Considering - 4 - HC-KAR NC: 2025:KHC-D:8548 MFA No. 102299 of 2018 the injuries suffered by the claimant, 20% of permanent physical disability is to be taken into consideration. 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 15.12.2015. The claimant was doing coolie work. He has not produced any proof regarding his income. Therefore, in the absence of - 5 - HC-KAR NC: 2025:KHC-D:8548 MFA No. 102299 of 2018 proof of income, notional income of Rs.8,000/- per month is taken into consideration for the accident year 2015, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 22 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 18. 10. Hence, loss of future income due to disability is hereby re-assessed and quantified as Rs.4,83,840/- (Rs.8,000 + 40% x 20% x 12 x 18). 11. Further, a sum of Rs.16,000/- is awarded towards loss of income during laid up period for a period of two months (Rs.8,000/- x 2 months). 12. Considering the injuries sustained, a compensation of Rs.40,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.1,89,500/- is as per the actual bills - 6 - HC-KAR NC: 2025:KHC-D:8548 MFA No. 102299 of 2018 and receipts produced; therefore, the same is kept intact. Further, Rs.30,000/- towards incidental expenses like food, nourishment, travelling, attendant charges, etc., is awarded. 13. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 40,000 2. Loss of amenities. 30,000 3. Medical expenses and hospital charges. 1,89,500 4. Loss of income during laid up period and medical treatment period. 16,000 5. Incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 30,000 6. Loss of future earning capacity. 4,83,840 Total: 7,89,340 14. Therefore, the claimant is entitled for total compensation of Rs.7,89,340/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.4,66,860/- awarded by the Tribunal. The insurance company shall deposit the - 7 - HC-KAR NC: 2025:KHC-D:8548 MFA No. 102299 of 2018 compensation amount within eight weeks from the date of receipt of a certified copy of this judgment. 15. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 23.02.2018, passed by the Principal Senior Civil Judge and JMFC and MACT No.V, Jamkhandi, in MVC No.483/2016, stands modified. iii) The claimant is entitled for a total compensation of Rs.7,89,340/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.4,66,860/- awarded by the Tribunal. iv) The insurance company shall deposit the compensation amount along with interest - 8 - HC-KAR NC: 2025:KHC-D:8548 MFA No. 102299 of 2018 within eight weeks from the date of receipt of a certified copy of this judgment. v) Send a copy of this judgment and award to the tribunal. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 76