- 1 - NC: 2025:KHC-D:2358 MFA No. 104010 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.104010 OF 2016 (MV-I) BETWEEN: D.C. NETRAPALAKSHA S/O. CHANNAMALLEGOUDA, AGE: 55 YEARS, OCC: BAKERY BUSINESS, R/O: 221/2A/2, VACCINE DEPOT ROAD, NEAR II RAILWAY GATE, TILAKWADI, BELAGAVI, PIN-590001. …APPELLANT (BY SRI ASHOK A.NAIK, ADVOCATE) AND: 1. SHRI RAJKUMAR CHOUDHARY S/O. HAGAMILAL CHOUDARY, AGE: MAJOR, OCC: BUSINESS, R/O: AMIT KA MOHALLA GULABPUR, TQ: KURDA, DIST: BHILWARA, STATE: RAJASTHAN-325003. 2. TATA AIG GENERAL INSURANCE CO. LTD., PENINSULLA BUSINESS PARK, TOWER-A, 15TH FLOOR, GANAPATRAO KADANI MARG, OPPOSITE SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI-400013. …RESPONDENTS (BY SRI S.K. KAYAKAMATH, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFIED THE JUDGMENT AND AWARD DATED 19.08.2016 PASSED IN MVC NO.860/2014, ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2358 MFA No. 104010 of 2016 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 2. This appeal is filed by the claimant challenging the judgment and award dated 19.08.2016, passed by the VI Additional District and Sessions Judge and Additional MACT, Belagavi, in MVC No.860/2014, seeking enhancement of compensation. 3. Heard the arguments and perused the material placed before the Court. 4. The occurrence of accident, injuries sustained by the claimant and coverage of insurance are not in dispute in this case. 5. In the present case, from the medical evidence on record it is proved that the claimant has sustained fracture of 4th to 6th right ribs and four simple injuries and - 3 - NC: 2025:KHC-D:2358 MFA No. 104010 of 2016 he was inpatient from 06.04.2014 to 13.04.2014. The tribunal has awarded global compensation of Rs.50,000/- along with interest at 9% per annum, which is on lower side. Therefore, the same is required to be enhanced by modifying the judgment and award. 6. Considering the nature of injuries sustained, though there is no evidence with regard to disability of the claimant, it is just and proper to re-assess the functional disability of the claimant at 15% to the whole body, considering that the claimant is running a bakery business by profession. Therefore, the judgment and award requires to be modified by enhancing the quantum of compensation. 7. The compensation of Rs.25,000/- is awarded towards pain and suffering and Rs.47,222/- towards medical expenses is kept in-tact. Further, Rs.10,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.15,000/- (7,500x2) towards loss of income during laid up period is - 4 - NC: 2025:KHC-D:2358 MFA No. 104010 of 2016 awarded. The claimant is entitled for a sum of Rs.30,000/- towards loss of amenities. 8. The accident is caused in the year 2014. Therefore, notional income of Rs.7,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 53 years at the time of accident. Therefore, appropriate applicable multiplier is ‘11’. Hence, loss of future income due to disability is reassessed as under: Rs.7,500 x 12 x 11 x 15% = Rs.1,48,500/- 9. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. 25,000 2. Towards medical expenses. 47,222 3. Towards loss of amenities. 30,000 4. Towards loss of income during laid up period 15,000 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc. 10,000 6. Towards loss of future earning capacity. 1,48,500 Total: 2,75,722 - 5 - NC: 2025:KHC-D:2358 MFA No. 104010 of 2016 10. Therefore, the claimant is entitled for total compensation of Rs.2,75,722/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.50,000/- awarded by the Tribunal. The Insurance Company is directed to deposit the enhanced compensation within eight weeks from the date of receipt of a certified copy of this judgment. 11. In the result, I proceed to pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 19.08.2016, passed by the VI Additional District and Sessions Judge and Additional MACT, Belagavi, in MVC No.860/2014 stands modified. iii. The claimant is entitled for total compensation of Rs.2,75,722/- along with - 6 - NC: 2025:KHC-D:2358 MFA No. 104010 of 2016 interest at the rate of 6% p.a. from the date of petition till its realization. iv. The insurance company shall deposit the enhanced amount within a period of eight weeks from the date of receipt of a copy of this judgment. v. Send a copy of this judgment to the Tribunal. vi. No order as to costs. vii. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 1 Sl No.: 46