- 1 - HC-KAR NC: 2025:KHC-D:10268-DB MFA No. 100226 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL M.F.A. NO. 100226 OF 2017 (MV-I) BETWEEN: SIDDU S/O. SHANKAR BOJAGAR, AGE: 24 YEARS, OCC: CLEANER, NOW NIL, R/O. MANTUR ROAD, NEAR SUNNADA BHATTI, TQ: HUBBALLI, DIST: DHARWAD, NOW RESIDING AT LAKSHMI SINGANKERI, DHARWAD-584116. …APPELLANT (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: 1. SADIQ AHEMAD S/O. ABDUL RASHID BYALI, AGE: MAJOR, OCC: BUSINESS, R/O. H.NO.224/38, BYALI PLOT, 5TH CROSOS, MANTUR ROAD, HUBBALLI-580027. 2. THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., KALBURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBBALLI-580029. …RESPONDENTS (BY SRI. VIJAY S. CHINIWAR, ADV. FOR R1; SRI. NAGARAJ C. KOLLORI, ADV. FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED IN M.V.C. NO.373/2015, ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, DHARWAD, DATED 11.11.2016 BY ALLOWING THIS APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10268-DB MFA No. 100226 of 2017 CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This appeal is filed by the injured seeking for higher compensation being aggrieved by the judgment and award dated 11.11.2016 passed in MVC No.373/2015 by the learned II Addl. Senior Civil Judge, Dharwad (hereinafter referred to as ‘Tribunal’, for short). 2. Heard. 3. Sri.Harish S.Maigur, learned counsel for the appellant-claimant submits that the appellant sustained grievous injuries in a road accident dated 06.01.2015 and due to the accident, he was required to undergo treatment as an inpatient in KIMS Hospital, Hubli for more than 94 days during which he underwent five surgeries. However, ignoring the evidence of treated Doctor, the Tribunal assessed disability at 15% which is required to be reassessed appropriately. It is submitted that the Tribunal considered the income of the - 3 - HC-KAR NC: 2025:KHC-D:10268-DB MFA No. 100226 of 2017 injured at Rs.7,000/- per month which is also to be reassessed as per the notional income chart prepared by the Karnataka State Legal Services Authority (KSLSA). It is further submitted that the award of compensation under the heads of loss of income during the laid-up-period and loss of amenities is also on the lower side. Hence seeks to reassess the same taking note of the nature of injuries suffered and treatment provided by the appellant. Thus, he seeks to allow the appeal. 4. Per contra, Sri Nagaraj C.Kolloori, learned counsel appearing for respondent No.2-Insurance Company supports the impugned judgment and award of the Tribunal and submits that the treated Doctor has deposed that the disability of the appellant was at 45% to a particular limb and considering the same, the Tribunal has rightly considered 1/3rd of it which is 15% and it does not call for any enhancement. It is submitted that the award of compensation by the Tribunal on all other heads is just and proper which also does not call for any interference and hence, he seeks to dismiss the appeal. 5. We have heard the arguments of the learned counsel for the appellant and learned counsel for the - 4 - HC-KAR NC: 2025:KHC-D:10268-DB MFA No. 100226 of 2017 respondent-Insurance Company and meticulously perused the material available on record, including the Tribunal records. We have given our anxious consideration to the submissions advanced on both the sides. The only point that would arise for our consideration in this appeal is; “Whether the impugned judgment and award passed by the Tribunal calls for any interference?” 6. The above point is answered in the ‘affirmative’ for the following reasons. (a) In a road accident dated 06.01.2015, the appellant sustained grievous injuries. The Tribunal considering the pleading and evidence on record, recorded clear findings that the vehicle insured with the respondent-Insurance Company has caused the accident and hence the Insurance Company is liable to pay the compensation. The dispute in this appeal is with regard to the assessment of the income of the injured claimant by the Tribunal and the disability. The Tribunal assessed the income of the injured claimant at Rs.7,000/- per month. Admittedly, no evidence is placed on record with regard to the income of the claimant. Hence, it is appropriate to - 5 - HC-KAR NC: 2025:KHC-D:10268-DB MFA No. 100226 of 2017 reassess the income of the claimant notionally at Rs.8,000/- per month placing reliance on the notional income chart prepared by the KSLSA. (b) Insofar as the disability is concerned, the Tribunal taking note of the evidence of PW.2, Ex.P.6-Wound Certificate and Ex.P.10-Disability Certificate, assessed the disability of the claimant at 15%. In our considered view, the Tribunal has committed grave error in assessing the said disability. The medical evidence available on record when compared with the oral testimony of PW.2 indicates that the appellant has undergone surgeries on five occasions and was impatient for a period of 94 days in KIMS Hospital, Hubli. The evidence of PW.2 clearly indicates that the bones of the claimant even after surgery, have mal-united. Taking note of the evidence of the treated PW.2-Doctor, Ex.P.6-Wound Certificate, Ex.P.11- Photographs and Ex.P.13-X-rays, we are of the considered view that the interest of justice would be met if the functional disability of the claimant is reassessed at 25% for the purpose of determination of compensation. (c) The Tribunal has awarded compensation of Rs.35,000/- under the head of loss of income during the laid- - 6 - HC-KAR NC: 2025:KHC-D:10268-DB MFA No. 100226 of 2017 up-period, the same is reassessed considering the loss for six months at Rs.48,000/- (i.e. Rs.8,000 X 6 months). The award of compensation by the Tribunal under the head of loss of amenities is also on a lesser side and the same is reassessed at Rs.40,000/-. There is no dispute with regard to the application of multiplier of ‘17’. Thus, the injured claimant is entitled to compensation under the head of loss of future earning capacity is here under: Rs.8,000 X 12 X 17 X 25% = Rs.4,08,000/- (d) Thus, the injured claimant is entitled to modified compensation on the following heads: Particulars Amount (in Rs.) Pain and suffering 40,000/- Loss of income during laid-up-period 48,000/- Attendant’s charges, extra diet and conveyance 35,000/- Medical expenses 10,510/- Towards loss of future income due to disability 4,08,000/- Loss of amenities 40,000/- Future medical expenses 10,000/- Total Compensation 5,91,510/- - 7 - HC-KAR NC: 2025:KHC-D:10268-DB MFA No. 100226 of 2017 Thus, the claimant shall be entitled to total compensation of Rs.5,91,510/- as against Rs.3,69,710/- awarded by the Tribunal. The compensation amount shall carries interest at the rate of 6% per annum from the date of petition till realization. In result, we proceed to pass the following: ORDER a) Appeal is allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the claimant would be entitled to total compensation of Rs.5,91,510/- as against Rs.3,69,710/- awarded by the Tribunal. c) The compensation amount shall carry interest at the rate of 6% per annum from the date of claim petition till realization. d) The Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. e) The apportionment, deposit and disbursement of enhanced compensation shall be made as per award of the Tribunal. f) Registry to transmit the amount in deposit as well as records, if any, to the Tribunal forthwith. - 8 - HC-KAR NC: 2025:KHC-D:10268-DB MFA No. 100226 of 2017 g) Draw modified award accordingly. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RH /CT-AN List No.: 1 Sl No.: 37