- 1 - NC: 2025:KHC-D:344 MFA No. 103221 of 2014 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 09TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103221 OF 2014 (MV-I) BETWEEN: SRI GAJANAN S/O. NARAYAN RELEKAR, AGE: 44 YEARS, OCC: DRIVER AND AGRICULTURE NOW NIL, R/O. MUDALAGI, TQ: GOKAK, DIST: BELAGAVI. …APPELLANT (BY SRI HANAMANT R. LATUR, ADVOCATE.) AND: 1. M/S. J.S. TRANSPORT COMPANY, HERO HONDA PAKKI PARKING TRANSPORT NAGAR, SECTOR-33, NAHARPUR, GURAGAON, GURAGAON-HARYANA, REPRESENTED BY ITS MANAGER. 2. THE DIVISIONAL MANAGER, THE DIVISIONAL OFFICE, THE ORIENTAL INSURANCE COMPANY LTD., CLUB ROAD, BELAGAVI. …RESPONDENTS (BY SRI R.S. ARANI, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT 1988, PRAYING TO ENHANCE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED BY PRL. SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIM TRIBUNAL, GOKAK, IN MVC Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:344 MFA No. 103221 of 2014 NO.2207/2011 DATED 30.12.2013 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 30.12.2013, passed by the Prl. Senior Civil Judge and Addl. MACT, Gokak, in MVC No.2207/2011, 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. “Fracture of shaft of right humourous and fracture of both bones of right forearm.” - 3 - NC: 2025:KHC-D:344 MFA No. 103221 of 2014 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and suffering. 30,000 2. Towards medical expenses including hospital charges. 75,578 3. Towards food and attendant charges. 3,600 4. Towards loss of earning during laid up period. 13,500 5. Towards loss of amenities. 30,000 Total: 1,52,678 6. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. The tribunal has not awarded compensation under the head loss of future income due to disability. Therefore, the compensation is required to be reassessed and quantified as under by modifying the judgment and award. 7. The claimant has sustained the injuries stated above and the doctor has opined 40% permanent physical disability to right upper limb. The doctor is the treated doctor. Therefore, considering this, the tribunal had assessed the permanent physical disability at 15% to the whole body. - 4 - NC: 2025:KHC-D:344 MFA No. 103221 of 2014 The accident occurred on 22.07.2011. Therefore, notional income of Rs.6,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 41 years at the time of accident. Therefore appropriate applicable multiplier is 14. Hence, loss of future income due to disability is hereby assessed and quantified as Rs.1,51,200/- (Rs.6,000/- x 15% x 12 x 14). 8. Under other heads the compensation awarded by the tribunal is marginally lesser side. Therefore, globally enhanced compensation of Rs.30,000/- is awarded towards other heads. 9. Thus, the claimant is entitled for total enhanced compensation of Rs.1,81,200/- (Rs.1,51,200 + Rs.30,000), in addition to Rs.1,52,678/- awarded by the tribunal, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. - 5 - NC: 2025:KHC-D:344 MFA No. 103221 of 2014 10. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated judgment and award dated 30.12.2013, passed by the Prl. Senior Civil Judge and Addl. MACT, Gokak, in MVC No.2207/2011, stands modified. iii) The claimant is entitled for enhanced compensation of Rs.1,81,200/- along with interest at the rate of 6% p.a. from the date of petition till its realization, in addition to Rs.1,52,678/- awarded by the tribunal. iv) The claimant is not entitled for interest for the delayed period of 247 days in filing the appeal. v) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. - 6 - NC: 2025:KHC-D:344 MFA No. 103221 of 2014 vi) Send a copy of this judgment and award to the tribunal. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 2 Sl No.: 19