- 1 - HC-KAR NC: 2025:KHC-D:10740 MFA.CROB No. 100100 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MFA CROSS OBJ NO. 100100 OF 2015 (MV-) BETWEEN: 1. YALLAPPA S/O BAILAPPA JOGI AGE: 53 YEARS, OCC: MILITARY ENGINEER AND AGRIL (AT PRESENT NIL) R/O. JAMAKHANDI, DIST. BAGALKOT. …APPELLANT (BY SRI. PRASHANT S. KADADEVAR, ADV) AND: 1. C. PARAMANAND S/O C C BALAKRISHNA AGE: MAJOR, OCC. BUSINESS R/O. CACATTE HOUSE, RAILWAY STATION ROAD MAHE, KERALA STATE. 2. THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE COMOPANY LIMITED, S.S. FRONT ROAD, VIJAYAPURA. …RESPONDENTS (BY SRIYUTHS. S.S. KOLIWAD AND M.G. GADGOLI, ADVS FOR R2, NOTICE TO R1 IS SERVED) MFA.CROB IN MFA NO.22661/2009 FILED U/O.41 RULE 22 OF CPC R/W U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT & AWARD DATED:31.03.2009, PASSED IN MVC NO.903/2007, ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL NO.V, JAMKHANDI, PARTLY ALLOWING THE REFERENCE PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS CROSS OBJECTION, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.10 12:28:31 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10740 MFA.CROB No. 100100 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. This Miscellaneous Cross Objection is filed by the petitioner, being dissatisfied with the quantum of compensation awarded by the Tribunal in MVC No.903/2007 vide Judgment and award dated 31.03.2009 by the Motor Accident Claims Tribunal No.V, Jamkhandi (for short ‘the Tribunal’). 2. Brief facts, leading rise to the filing of this cross objection, are as follows: The petitioner met with an accident near Shankrubag Ghat on 17.05.2004. The petitioner was moving on a motorcycle bearing registration No.97/A-457121. On the said date and at that time, the car bearing No.PY-03/7227 driven by its driver, in a rash and negligent manner from Ankola to Karwar, collided with the said motorcycle. As a result, the petitioner sustained grievous injuries, and spent a huge amount towards medical and other expenses. The petitioner was serving as an Engineer in military under the - 3 - HC-KAR NC: 2025:KHC-D:10740 MFA.CROB No. 100100 of 2015 Government of India. It is contended that the petitioner lost his 100% of earning capacity. Hence, filed the claim petition. 3. A notice was issued to the owner of the car, despite service of notice, he remained absent and was placed exparte. 4. The Insurance Company has filed a statement of objections denying the averments made in the claim petition. It is contended that, the driver of the car did not possess a valid and effective driving licence as on the date of the accident and accordingly prays to dismiss the claim petition. 5. The Tribunal based, on the pleadings of the parties, framed the relevant issues. 6. The petitioner, to substantiate his case, examined himself as PW-1, one witness was examined as PW-2 and 14 documents were marked as Ex.P1 to P14. Conversely, on behalf of the Insurance Company, one - 4 - HC-KAR NC: 2025:KHC-D:10740 MFA.CROB No. 100100 of 2015 document was marked as Ex.R1 and no oral evidence was adduced. 7. The Tribunal after assessing the verbal and documentary evidence, partly allowed the claim petition vide Judgment dated 31.03.2009 and held that the petitioner is entitled to a compensation of Rs.5,86,797/- with an interest at the rate of 6% per annum. The Insurance Company was directed to pay the compensation amount. 8. The petitioner, dissatisfied with the quantum of compensation awarded by the Tribunal, preferred this Miscellaneous Cross objection. 9. Heard the arguments of the learned counsels for the parties. 10. The learned counsel for the petitioner submits that the compensation awarded by the Tribunal is on the lower side. He submits that in view of the disabilities sustained by the petitioner, his employment was not - 5 - HC-KAR NC: 2025:KHC-D:10740 MFA.CROB No. 100100 of 2015 continued. He submits that he had incurred a huge amount towards the medical expenses. Accordingly, prays to enhance the compensation. 11. Learned counsel for the Insurance Company supports the impugned Judgment and award and submits that the compensation awarded by the Tribunal is just and proper and do not call for any interference. Accordingly, prays to dismiss the Miscellaneous Cross objection. 12. Perused the records and considered the submission of the learned counsels for the parties. 13. The point that arises for consideration is about the quantum of compensation. Regarding the quantum of compensation 14. The petitioner has produced the record to show that, because of the permanent disability he was not continued in the service. The accident and its consequences made the petitioner unfit for the post Junior Engineer(Civil) for which he had already been issued a - 6 - HC-KAR NC: 2025:KHC-D:10740 MFA.CROB No. 100100 of 2015 deputation-cum-reemployment posting dated 24.06.2003 during the active period, and the employer refused to issue the appointment order, in view of the disabilities sustained by the petitioner and his employment was not continued. 15. The Tribunal has presumed the monthly income of the petitioner at Rs. 15,051/-based on the documents produced by him, which is just and proper. The age of petitioner as of the date of the accident was 45 years. The petitioner, to prove the disability examined the Doctor as PW-2, who has opined that the petitioner had suffered a permanent disability to the extent of 28%, to the whole body wherein, the Tribunal has assessed the disability at 20%, to the whole body which is just, and proper. The future prospects is to be added to the income in view of the proposition of law laid down by the Hon’ble Apex Court in the case of National Insurance Company Limited v. - 7 - HC-KAR NC: 2025:KHC-D:10740 MFA.CROB No. 100100 of 2015 Pranay Sethi1, i.e. 30% (15,051 + 4515 = 19,566) which comes to Rs.19,566/-. 16. Thus, considering the evidence of PW-2 and medical records, this Court reassesses the compensation, under the following heads: Sl. No. Heads of compensation Compensation awarded in Rs. By the Tribunal By this Court 1 Loss of future income (Rs.15,051 + 4515 = Rs.19,566/-) 4,69,591/- 6,57,417/- (Rs.19,566/- x 12 x 14 x 20%) 2 Medical and Hospital Bills 88,106/- 88,106/- 3 Compensation amount for the Hospitalized period 9,100/- 40,000/- 4 Pain and suffering 10,000/- 25,000/- 5 Loss of Amenities 10,000/- 25,000/- Total : 5,86,797/- 8,35,523/- Compensation enhanced by: 2,48,726/- 17. Thus, in all the petitioner is entitled to a total compensation of Rs.8,35,523/-. The enhancement of compensation is Rs.2,48,726/-. 18. In view of the above discussion, I proceed to pass the following: 1 (2017) 16 SCC 680 - 8 - HC-KAR NC: 2025:KHC-D:10740 MFA.CROB No. 100100 of 2015 ORDER (i) The MFA Cross-Objection is allowed. (ii) The Judgment and award dated 31.03.2009 passed by the Motor Accident Claims Tribunal No.V, Jamkhandi, in MVC No. 903/2007, stands modified. (iii) The petitioner is entitled to an enhanced compensation of Rs.2,48,726/-. (iv) The petitioner is entitled to a total compensation amount of Rs.8,35,523/- as against the amount of Rs.5,86,797/- as awarded by the Tribunal along with interest at the rate of 6% p.a. from the date of petition till its realization. (v) The Insurance Company shall deposit the amount within eight weeks from the date of receipt of a copy of this Judgment. - 9 - HC-KAR NC: 2025:KHC-D:10740 MFA.CROB No. 100100 of 2015 (vi) Office is directed to transmit the records to the tribunal. Sd/- (ASHOK S. KINAGI) JUDGE RHR/- List No.: 1 Sl No.: 22