- 1 - HC-KAR NC: 2025:KHC-D:7566 MFA No. 103376 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 103376 OF 2014 (MV) BETWEEN: ANAND S/O SIDDAPPA MAGADUM, AGED ABOUT 22 YEARS, OCC: NILL, R/O: HATTARAKI, TQ: HUKKERI, DIST: BELAGAVI. … APPELLANT (BY SRI. K. ANANDKUMAR, ADVOCATE) AND: 1. SRI. DINESH S/O KESHAV SINGH, AGE: MAJOR, OCC: BUSINESS, R/O: GROUND FLOOR RAMESH VILLA, ROOM NO.3, BALKUM-I, DIST: THANE, STATE: MAHARASHTRA. 2. THE NEW INDIA ASSURANCE CO. LTD., THROUGH ITS DIVISIONAL OFFICE, CLUB ROAD, BELGAUM, DIST: BELAGAVI. … RESPONDENTS (BY SRI. S.V. YAJI, ADVOCATE FOR R2; R1-SERVED AND UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 05.05.2012 PASSED IN M.V.C. NO.2917/2010 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (SR.DN.) AND ADDITIONAL MACT AT BELAGAVI. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7566 MFA No. 103376 of 2014 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) Though the appeal is listed for admission, but with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal. 2. This appeal is filed by the appellant/claimant challenging the judgment and award dated 05.05.2012 passed in MVC No.2917/2010 on the file of II Additional Civil Judge (Senior Division) and Additional MACT, Belgaum (hereinafter referred to as ‘the Tribunal’ for short), seeking enhancement of compensation. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. 4. Heard the arguments from both learned counsels appearing for the parties and perused the material placed on records. - 3 - HC-KAR NC: 2025:KHC-D:7566 MFA No. 103376 of 2014 Brief facts of the case: 5. It is the case of the appellant/claimant that on 10.12.2009, the claimant was standing by the side of the road near Dadabanahatti Cross, at that time at about 9.00 p.m. a Truck bearing Reg.No.MH-15/G-2416 driven by its driver came in a rash and negligent manner and dashed to the claimant and others who were standing by the side of the road, causing the accident. Due to the said accident, the claimant had sustained crush injuries to his right leg and the same was amputated during the Course of treatment. 6. From the medical evidence on record, it is proved that the claimant sustained severe fracture injuries to his right leg and so his right leg was operated on and amputated during treatment; his left leg was completely amputated below the knee and PW-2/Doctor deposed that there is an operated scar and he is having permanent physical disability of 65% towards right lower limb. - 4 - HC-KAR NC: 2025:KHC-D:7566 MFA No. 103376 of 2014 7. The Tribunal has awarded compensation under the various heads as follows: 1. Pain and agony. Rs.50,000/- 2. Medical expenses, nutritious diet, conveyance and attendant charges. Rs.85,000/- 3. Loss of income during treatment. (3000 x 3) Rs.9,000/- 4. Loss of future earning capacity due to permanent disability. (36000 x 18 x 20%) Rs.1,39,600/- 5. Loss of amenities and future unhappiness. Rs.40,000/- Total Rs.3,23,600/- 8. 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. 9. In the present case, the claimant was 18 years old boy at the time of accident and was doing conductor work in the private bus. Due to amputation of right leg, the claimant has lost his job. The accident occurred on 10.12.2009. PW-2/Doctor has given evidence and he has stated that the claimant has suffered permanent physical - 5 - HC-KAR NC: 2025:KHC-D:7566 MFA No. 103376 of 2014 disability at 60% to the whole body, but the Tribunal has taken only 20% as permanent physical disability, which is on lower side. The Division Bench of this Court in the case of GANGADHAR VS. SRI. ASHOK AND OTHERS1 has considered 70% of functional disability in case of amputation of right leg below the knee. Hence, the same is considered in this case also. In the present case also the claimant has suffered amputation of right leg below the knee. Hence, the functional disability of the claimant at 70% is taken into consideration. 10. The claimant was aged 18 years old at the time of accident. Accordingly as per the age group mentioned in National Insurance Company Limited vs. Pranay Sethi and others2 and as per the Division Bench judgment of this Court in New India Assurance Company Vs. Abdul S/o Mehaboob Tahasildar3 and as per the judgment of the Hon’ble Supreme Court in the 1 MFA No.100509/2016 2 (2017) 16 Supreme Court Cases 680 3 MFA No.103807/2016 C/w. MFA Nos.103835/2016 & 103807/2018 - 6 - HC-KAR NC: 2025:KHC-D:7566 MFA No. 103376 of 2014 case of Sidram vs. Divisional Manager, United India Insurance Company Limited and another4, even in the case of injuries, certain income is to be added towards loss of future prospects in life. 11. The accident is caused in the year 2009. The claimant was working as conductor in private bus. The Tribunal without appreciating the evidence on record properly, has taken monthly income of the claimant at Rs.3,000/-, which is incorrect. According to the income chart prepared by the Karnataka State Legal Service Authority, monthly income of the claimant is Rs.5,000/- taken into consideration. The claimant was aged 18 years at the time of accident. Therefore, appropriate applicable multiplier is 18. In view of the decision of the Hon’ble Apex Court in case of Pranay Sethi (supra), 40% of the income is to be added towards loss of future prospects in life. Thus, the claimant/appellant is entitled to 4 (2023) 3 SCC 439 - 7 - HC-KAR NC: 2025:KHC-D:7566 MFA No. 103376 of 2014 compensation under the head ‘loss of future income including loss future prospects in life’ as under: Rs.5,000/- + Rs.2,000/- (40% of Rs.5,000/-) = Rs.7,000/- Rs.7,000/- x 70% x 18 x 12 = Rs.10,58,400 /- 12. Considering the injuries sustained, a compensation of Rs.75,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.85,000/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.35,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.30,000/- towards loss of income during laid up period for a period of 6 months, is awarded. 13. In the present case, the claimant is an 18 year old bachelor and has not married yet. The Tribunal has not awarded compensation under the head of marriage - 8 - HC-KAR NC: 2025:KHC-D:7566 MFA No. 103376 of 2014 prospects. Therefore, a compensation of Rs.1,00,000/- is awarded under the head ‘marriage prospects in life’. 14. Thus, in all, the appellant/claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount 1. Towards injuries, pain and suffering. Rs.75,000/- 2. Towards medical expenses. Rs.85,000/- 3. Towards loss of amenities. Rs.50,000/- 4. Towards loss of income during laid up period and medical treatment period. Rs.30,000/- 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. Rs.35,000/- 6. Towards loss of future income including loss future prospectus in life. Rs.10,58,400/- 7. Towards marriage prospects in life. Rs.1,00,000/- Total: Rs.14,33,400/- 15. Therefore, the appellant/claimant is entitled for total compensation of Rs.14,33,400/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.3,23,600/- awarded by the - 9 - HC-KAR NC: 2025:KHC-D:7566 MFA No. 103376 of 2014 Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 16. In the result, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award dated 05.05.2012 passed in MVC No.2917/2010 on the file of II Additional Senior Civil Judge (Senior Division) and Additional MACT, Belgaum, stands modified. iii. The claimant is entitled for total compensation of Rs. 14,33,400/- as against compensation of Rs.3,23,600/- awarded by the Tribunal. iv. The total compensation amount shall carry interest at the rate of 6% p.a. - 10 - HC-KAR NC: 2025:KHC-D:7566 MFA No. 103376 of 2014 from the date of petition till its realization. v. Respondent No.2/Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. vi. No order as to costs. vii. Draw award accordingly. viii. In view of disposal of the appeal, pending IAs’, if any, stand disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 21 - 11 - HC-KAR NC: 2025:KHC-D:7566 MFA No. 103376 of 2014 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [ANAND VS. DINESH AND ANOTHER] 21.07.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL ORDER ON BEING SPOKEN TO This Court on 12.06.2025 has disposed of the appeal, but due to inadvertency, it is not reflected the order to the effect that the claimant is not entitled for interest for the delayed period, if any. There is 800 days delay in preferring the appeal. Therefore, the claimant is not entitled for interest for the delayed period of 800 days in preferring the appeal. This order shall be the part and parcel of order dated 12.06.2025. Registry is directed to furnish fresh free copy to the appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 1