- 1 - NC: 2025:KHC-D:3934 MFA No. 102314 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102314 OF 2014 (MV-I) BETWEEN: SRI ADIVEPPA S/O. DUNDAPPA NASHIPUDI, AGE: 54 YEARS, OCC: AGRICULTURE NOW NIL, R/O: ISLAMPUR, TAL: AND DIST: BELAGAVI. …APPELLANT (BY SMT. GEETHA K.M., ADVOCATE) AND: THE DIVISIONAL CONTROLLER, KOLHAPUR DEPOT, KOLHAPUR MSRTC, STATE OF MAHARASHTRA. …RESPONDENT (BY SRI C.V. ANGADI, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 29.03.2014, PASSED IN MVC NO.1751/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, BELAGAVI AND AWARDS A REASONABLE COMPENSATION IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3934 MFA No. 102314 of 2014 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 29.03.2014, passed in MVC No.1751/2013, by the Court of I Additional Senior Civil Judge and Additional MACT, Belgaum (for short, Tribunal), 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 the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. “Abraded laceration 2x1 cm over dorsal aspect of right elbow, contusions over B/L legs over left and right leg fracture of lateral epicondyle over right side and all over the body.” - 3 - NC: 2025:KHC-D:3934 MFA No. 102314 of 2014 5. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and sufferings. 10,000/- 2. Medical and other incidental expenses. 3,000/- 4. Loss of future earning capacity due to Disability. 55,440/- 7. Loss of amenities in life. 10,000/- Total: 78,440/- 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. Considering the injuries sustained, a compensation of Rs.30,000/- towards pain and suffering, Rs.5,000/- towards medical expenses, Rs.20,000/- towards loss of amenities are awarded. Further, Rs.5,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.13,000/- (Rs.6,500x2) towards loss of income during laid up period for a period of two months, is awarded. - 4 - NC: 2025:KHC-D:3934 MFA No. 102314 of 2014 8. The doctor has stated that the claimant had suffered 35% of permanent physical disability to the whole body. The Tribunal has committed an error in taking only 7% of permanent physical disability to the whole body. Therefore, considering the evidence of the doctor, 12% functional disability is taken into consideration as the claimant had suffered “Abraded laceration 2x1 cm over dorsal aspect of right elbow, contusions over B/L legs over left and right leg fracture of lateral epicondyle over right side and all over the body”. 9. The accident is occurred on 15.06.2012. Therefore, notional income of Rs.6,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 52 years at the time of accident. Therefore appropriate applicable multiplier is 11. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,02,960/- (Rs.6,500 x 12 x 11 x 12%). 10. Thus, the claimant is entitled for total compensation under various heads as under: - 5 - NC: 2025:KHC-D:3934 MFA No. 102314 of 2014 Sl. No. Heads Amount in (Rs.) 1. Towards injuries, pain and suffering. 30,000/- 2. Towards medical expenses. 5,000/- 3. Towards loss of amenities. 20,000/- 4. Towards loss of income during laid up period and medical treatment period. 13,000/- 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 5,000/- 6. Towards loss of future earning capacity. 1,02,960/- Total: 1,75,960/- 11. Therefore, the claimant is entitled for total compensation of Rs.1,75,960/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.78,440/- awarded by the Tribunal. The Tribunal has awarded interest on the compensation at 9% per annum, which is scaled down to 6% per annum, since this Court is consistently awarding interest at the rate of 6% per annum. 12. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 13. In the result, I proceed to pass the following: - 6 - NC: 2025:KHC-D:3934 MFA No. 102314 of 2014 ORDER i) The appeal is allowed in part. ii) The judgment and award dated 29.03.2014, passed in MVC No.1751/2013, by the Court of I Additional Senior Civil Judge and Additional MACT, Belgaum, stands modified. iii) The claimant is entitled for total compensation of Rs.1,75,960/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv) The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. v) Send back the trial Court records along with a copy of this judgment. vi) No order as to costs. - 7 - NC: 2025:KHC-D:3934 MFA No. 102314 of 2014 vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 46