- 1 - HC-KAR NC: 2025:KHC-K:7770 MFA No. 200113 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P. SREE SUDHA MISCL. FIRST APPEAL NO. 200113 OF 2024 (MV-I) BETWEEN: THE DIVISIONAL MANAGER THE UNITED INDIA INSURANCE COMPANY LIMITED, 2ND FLOOR, CENTURY COMPLEX, OPP. SANGAM TALKIES, SUPER MARKET, KALABURAGI-585 101. NOW REPRESENTED BY ITS AUTHORISED SIGNATORY. …APPELLANT (BY SRI MOHD. ABDUL QUAYUM, ADVOCATE) AND: 1. NAGENDRA S/O. ANNAPPA, AGE 38 YEARS, OCC. EX-SERVER IN A HOTEL, R/O AURAD (B), TALUKA & DIST. KALABURAGI. 2. SANTOSH KUMAR S/O. SHIVARAJ, AGE 48 YEARS, OCC. OWNER OF MOTORCYCLE BEARING NO.KA-32/V-8141, R/O H.NO.8/2397, NEHRU GUNJ, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC-K:7770 MFA No. 200113 of 2024 SHIVAJI NAGAR, KALABURAGI-585 101. …RESPONDENTS (R1 – SERVED BUT UNREPRESENTED; R2 - V/O DTD.20.01.2024 NOTICE DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 13.09.2023 PASSED IN M.V.C.NO.930/2021 BY THE III ADDL. SENIOR CIVIL JUDGE AND MACT, KALABURAGI EXONERATING THE APPELLANT OF ITS LIABILITY. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P. SREE SUDHA ORAL JUDGMENT 1. This appeal is filed by the Insurance Company against the judgment and award dated 13.09.2023 passed by the III Additional Senior Civil Judge and M.A.C.T., Kalaburagi [for short ‘Tribunal’], in MVC No.930/2021, seeking to exonerate the appellant of its liability. 2. Brief facts of the case are that, the injured claimant aged 35 years, met with an accident on 05.11.2019 and sustained grievous injuries. He filed claim - 3 - HC-KAR NC: 2025:KHC-K:7770 MFA No. 200113 of 2024 petition before the Tribunal seeking compensation of Rs.22,50,000/-. The Tribunal after considering the entire evidence on record, awarded the compensation of Rs.11,70,500/- with interest at 6% per annum from the date of petition till realization and held that the respondent-Insurance Company is liable to indemnify the award amount. Aggrieved by the said award, the Insurance Company has preferred this appeal. 3. Heard arguments of both the parties and perused the materials available on record. 4. Learned counsel for the appellant – Insurance Company contended that PW2 – Doctor issued Ex.P7 – Disability Certificate showing the disability at 45% to the lower limb, but Tribunal has considered 30% to the whole body which is on the higher side. It is also contended that the monthly income of the injured was taken as Rs.13,250/- and added 40% future prospects to award a huge compensation without any basis. It is also contended that the Tribunal awarded Rs.50,000/- towards - 4 - HC-KAR NC: 2025:KHC-K:7770 MFA No. 200113 of 2024 future medical expenses without any proof and also awarded Rs.25,000/- towards loss of expectation of life in addition to loss of amenities of life at Rs.25,000/- without following the principles followed by the High Court and the Apex Court, hence, the same liable to be disallowed. It is also contended that, the vehicle was driven by a person not holding a valid DL in violation of the provisions of the M.V. Act, 1988 and the policy. Without appreciating these facts the Tribunal awarded the compensation which required to be modified. 5. Admittedly, in the accident claimant sustained fracture of right femur as per the evidence of PW2-Doctor. As per Ex.P12 – X-ray Report, it is observed by PW2 that there is evidence of mal-united fracture of intertrochantric region of right femur with implant in situ. He assessed disability at 45% to the lower limb, but the Tribunal taken 30% disability to the whole body, in fact, 1/3rd of 45% comes to 15%. Therefore, this Court modifies the same as 15%. - 5 - HC-KAR NC: 2025:KHC-K:7770 MFA No. 200113 of 2024 6. The Tribunal considered loss of future prospects at 40%. Learned counsel for the appellant submits that when disability is more than 20%, future prospects is to be added and in the instant case disability is reassessed at 15%, therefore, no loss of future prospects. At the time of accident, the claimant was aged 36 years and appropriate multiplier applicable to his age group is ‘15’. Accordingly, the claimant is entitled for loss of future earning capacity as under: Rs.13,250/- x 12 x 15 x 15% = Rs.3,57,750/- 7. The claimant was admitted in the hospital for 6 days and advised rest for 15-20 days. Learned counsel for the appellant contended the Doctor has not suggested any future medical expenses, but the Tribunal considering his age and nature of the injuries sustained, granted Rs.50,000/- towards future medical expenses which is not correct. Therefore, this Court finds it reasonable to disallow the same. - 6 - HC-KAR NC: 2025:KHC-K:7770 MFA No. 200113 of 2024 8. Considering the period of hospitalization, nature of injuries and other relevant factors, this Court finds it reasonable to reassess the compensation under other relevant heads as Rs.50,000/- for pain and suffering, Rs.25,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. Further, due to injuries the claimant might not have attended any work atleast for a period of 4 months, hence, this Court finds it reasonable to award Rs.53,000/- for loss of income during laid up period. However, the compensation of Rs.33,800/- awarded by the Tribunal for medical expenses, needs no interference. 9. The compensation awarded by the Tribunal is modified as under: Sl. No. Heads Award by the Tribunal Award by this Court 1 Pain and suffering Rs.20,000/- Rs.50,000/- 2 Medical Expenses Rs.33,800/- Rs.33,800/- 3 Loss of future earning capacity Rs.10,01,700/- Rs.3,57,750/- - 7 - HC-KAR NC: 2025:KHC-K:7770 MFA No. 200113 of 2024 4 Transportation, extra nourishment and attendant charges Rs.5,000/- Rs.30,000/- 5 Loss of amenities Rs.25,000/- Rs.25,000/- 6 Loss of income during laid up period Rs.10,000/- Rs.53,000/- 7 Expectancy of life Rs.25,000/- -- 8 Future medical expenses Rs.50,000/- -- Total Rs.11,70,500/- Rs.5,49,550/- 10. In the result, the following order is passed: (i) Appeal is allowed in part in part. (ii) The claimant is entitled for the compensation of Rs.5,49,550/- with interest at 6% per annum from the date of petition till the date of realization as against Rs.11,70,500/- awarded by the Tribunal. (iii) Appellant – Insurance Company is directed to deposit the aforesaid compensation - 8 - HC-KAR NC: 2025:KHC-K:7770 MFA No. 200113 of 2024 amount along with interest within one month from the date of this judgment. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. (v) The amount in deposit is transmitted to the Tribunal. (vi) Excess amount, if any, in deposit is to be refunded to the appellant-Insurance Company. Sd/- (P. SREE SUDHA) JUDGE SBS List No.: 1 Sl No.: 14 CT:RJ