- 1 - HC-KAR NC: 2025:KHC-K:5687-DB MFA No. 200934 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCL. FIRST APPEAL NO.200934 OF 2024 (MV-I) BETWEEN: ANIL KUMAR S/O SHAMRAO, AGED ABOUT 28 YEARS, OCC: KIRANA MERCHAN AND DRIVING, R/O. NARANALA VILLAGE, TQ. CHINCHOLI, DIST. KALABURAGI - 585 102. …APPELLANT (BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE) AND: 1. MR. NARASIMLU GANDLA S/O SIDDALINGAPPA, AGE: MAJOR, R/O. H.NO.1-1-13/13A, MARIKAMBA COLONY, MALREDDYPALLI, TANDUR TALUK, VIKARABAD DISTRICT(TS)-501 101. 2. THE NEW INDIA ASSURANCE COMPANY LTD., THROUGH THE DIVISIONAL MANAGER, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5687-DB MFA No. 200934 of 2024 NEW INDIA ASSURANCE COMPANY LIMITED, SANGAMESHWAR COMPLEX, S.B. TEMPLE ROAD, KALABURAGI-585 101. 3. THE TELANGANA STATE ROAD TRANSPORT CORPORATION, THROUGH THE MANAGING DIRECTOR, BUS BHAVAN E.C.I.L.X. ROAD, RAMANATHAPUR, HYDERABAD(TS)-500 001. …RESPONDENTS (BY SRI. SHARANABASAPPA M. PATIL, ADV. FOR R2; SRI. S.P. DESHMUKH, ADV. FOR R3; V/O DTD. 14.08.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S. 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 02.01.2023 PASSED BY THE SENIOR CIVIL JUDGE AND MACT, CHINCHOLI, IN MVC NO.677/2019, BY ENHANCING THE COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2025:KHC-K:5687-DB MFA No. 200934 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) This appeal is filed seeking for enhancement of compensation arising out of judgment and award dated 20.01.2023 in MVC No.677/2019 passed by the Senior Civil Judge and M.A.C.T at Chicholi, on the ground of inadequate compensation awarded by the Tribunal. 2. The date of accident, involvement of vehicle, injury sustained by claimant/appellant – Anil Kumar and the liability to pay the compensation are not in dispute. The only dispute is with respect to the inadequate compensation awarded by the Tribunal. 3. Heard Sri Sanjeev Kumar C. Patil, learned counsel appearing for the appellant/claimant, Sri Sharanabasappa M. Patil, learned counsel appearing for respondent No.2 and Sri S. V. Deshmukh, learned counsel appearing for respondent No.3. Vide order dated 14.08.2021, notice of this appeal on respondent No.1 is dispensed with. 4. Sri Sanjeev Kumar C. Patil with all vehemence submitted that, in an accident occurred on 08.09.2018, the - 4 - HC-KAR NC: 2025:KHC-K:5687-DB MFA No. 200934 of 2024 appellant-a 24 years young man, suffered severe injuries resulting in disability of 90% to the lower limb as there is amputation of right limb above the knee level. The appellant was Kirana Merchant and also driver. The disability though it is 90%, as per the doctor has resulted in 100% loss of earning capacity. Under these circumstances, sought to allow the appeal and enhance the compensation under all the heads. 5. Refuting the submissions of the learned counsel for the appellant, Sri Sharanbasappa M. Patil, learned counsel appearing for respondent No.2, who has been fastened with liability to pay the compensation with all vehemence submitted that, the Tribunal after considering the entire case on merits taken the disability at 40% and awarded appropriate compensation and the compensation awarded under all the heads are just and proper and does not call for any interference and sought to dismiss the appeal. 6. Having heard the learned counsel appearing for the parties, perused the entire appeal papers, so also photographs furnished by the learned counsel appearing for the appellant - 5 - HC-KAR NC: 2025:KHC-K:5687-DB MFA No. 200934 of 2024 depicting the amputation of limb, the point that would arise for our consideration is: Whether the compensation awarded by the Tribunal befit within the expression of just compensation and requires any re-consideration? 7. Our answer to the above point for consideration is ‘partly in affirmative’ for the following: REASONS 8. The amputation of leg injury clearly shows that the amputation immediately after small stump at thigh which is below 12.70 c.m. Considering the disability given by the Doctor at Ex.P8 and going through the disability certificate made available by the appellant, which is not disputed by the respondent No.2, the disability stated at 90% by the doctor required to be accepted. As per the appellant, though, he was shown as Kirana merchant, but, he has lost all his aspiration of driving the vehicle and he cannot continue to drive in future due to the amputation of limb. In these circumstances, - 6 - HC-KAR NC: 2025:KHC-K:5687-DB MFA No. 200934 of 2024 retaining the incomes of Rs.11,750/- taken by the Tribunal for the year 2018, considering the age of the appellant, there shall be 40% towards Future Prospectus to be added to the existing income in view of the disability at 90%. The compensation awarded under all heads, except medical expenses, requires re-consideration and re-determination, when compared to the inquiry suffered and disability resulted. 9. Since the appellant – claimant has made out a case that the compensation awarded by the Tribunal is not be fitting within the expression of just compensation, requires re-determination. 10. Thus, in all the claimant is entitled for re-assessed compensation as follows: 1. Loss of future earning capacity [11,750 + 40% x 12 x 18 x 90/100] Rs.31,97,880/- 2. Pain and suffering Rs.1,50,000/- 3. Food and nourishment Rs.30,000/- 4. Medical expenses Rs.8,00,000/- - 7 - HC-KAR NC: 2025:KHC-K:5687-DB MFA No. 200934 of 2024 5. Future medical expenses [i.e., fixation of prosthetic/artificial limb for three terms (Rs.1,50,000/- each)]: Rs.4,50,000/- 6. Loss of amenities Rs.1,50,000/- Total Rs.47,77,880/- Accordingly, the appellant/claimant is entitle for a re- determined compensation of Rs.47,77,880/- as against Rs.19,49,450/- awarded by the Tribunal. Accordingly, the enhanced compensation works out to Rs.28,28,430/-, which shall carry interest at the rate of 6% per annum. 11. For the foregoing reasons, the point for consideration is answered accordingly and we proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 20.01.2023 in MVC No.677/2019 passed by the Senior Civil Judge and M.A.C.T at Chicholi - 8 - HC-KAR NC: 2025:KHC-K:5687-DB MFA No. 200934 of 2024 is hereby modified and enhanced to Rs.28,28,430/-, which shall carry interest at the rate of 6% per annum from the date of petition till realization. iii) The Respondent No.2 - Insurance Company shall deposit the entire enhanced compensation along with the accrued interest within a period of 6 weeks from the date of the receipt of copy of this order. iv) On deposit, 25% along with accrued interest shall be released in favour of the appellant/claimant on proper identification and balance 75% along with the interest stated supra shall be invested in an interest bearing Fixed Deposit of any Nationalized Bank for an initial period of 5 years with a renewable clause of 2 terms of 5 years each. v) The Bank shall not permit any loan on the amount in deposit, without any order passed by the concerned Tribunal/Court. - 9 - HC-KAR NC: 2025:KHC-K:5687-DB MFA No. 200934 of 2024 vi) No order as to cost. Sd/- (H.P.SANDESH) JUDGE Sd/- (T.M.NADAF) JUDGE THM/List No.: 1 Sl No.: 43/CT: AK