- 1 - HC-KAR NC: 2025:KHC:33663-DB MFA No. 146 of 2019 C/W MFA No. 147 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 146 OF 2019 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 147 OF 2019 (MV-I) IN MFA No. 146/2019: BETWEEN: 1. SRI GANESH KARKERE AGED ABOUT 32 YEARS, S/O SHEENA MARAKALA R/O KODI HOSABENGRE KODI KANYANA VILLAGE, UDUPI TALUK AND DISTRICT …APPELLANT (BY SRI. SUNITHA H SINGH., ADVOCATE) AND: 1. JANARDHANA POOJARY AGED ABOUT 41 YEARS, S/O LATE SHEKAR POOJARY R/O NEAR VJC KOTA, HANDATTU, KOTATHATTU VILLAGE, UDUPI TALUK AND DISTRICT. 2. ANANDA POOJARY S/O HAVALI POOJARY, NEAR GOLIGARADI, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33663-DB MFA No. 146 of 2019 C/W MFA No. 147 of 2019 PANDESHWARA VILLAGE, UDUPI TALUK AND DISTRICT. 3. UNITED INDIA INSURANCE CO., LTD., KRISHNA COMPLEX, FLOOR NO.2, G.B. PANTH ROAD, UDUPI-576101. …RESPONDENTS (BY SRI. S.V.HEGDE MULKHAND, ADVOCATE FOR R-3; R-1 JANARDHANA POOJARY- SD R-2 ANANDA POOJARY- SD) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27/09/2018, PASSED IN MVC NO.998/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 147/2019 BETWEEN: 1. SRI RAMESH AGED ABOUT 30 YEARS, S/O ANANDA AMEEN R/O KODI HOSABENGRE KODI KANYANA VILLAGE, UDUPI TALUK AND DISTRICT ...APPELLANT (BY SRI. SUNITHA H SINGH., ADVOCATE) AND: 1. JANARDHANA POOJARY AGED ABOUT 41 YEARS, S/O LATE SHEKAR POOJARY - 3 - HC-KAR NC: 2025:KHC:33663-DB MFA No. 146 of 2019 C/W MFA No. 147 of 2019 R/O NEAR VJC KOTA HANDATTU KOTATHATTU VILLAGE, UDUPI TALUK AND DISTRICT 2. ANANDA POOJARY AGED ABOUT 63 YEARS, S/O HAVALI POOJARY NEAR GOLIGARADI PANCHESHWARA VILLAGE, UDUPI TALUK AND DISTRICT 3. UNITED INDIA INSURANCE CO LTD KRISHNA COMPLEX FLOOR NO.2 G B PANTH ROAD, UDUPI 576 101 ...RESPONDENTS (BY SRI. S.V.HEGDE MULKHAND, ADVOCATE FOR R-3; VIDE ORDER DATED:18.01.2023, NOTICE TO R-1 & R-2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27/09/2018, PASSED IN MVC NO.997/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, KUNDAPURA, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T - 4 - HC-KAR NC: 2025:KHC:33663-DB MFA No. 146 of 2019 C/W MFA No. 147 of 2019 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for the appellants and learned counsel for the Insurance Company. 2. The appellant-claimant in MFA.No.146/2019 and the appellant-claimant in MFA.No.147/2019 have filed these two appeals for enhancement of compensation being aggrieved by the judgment and award passed by the Senior Civil Judge and Additional MACT, Kundapura (for short 'the Tribunal') in MVC.No.998/2016 and MVC.No.997/2016 dated 27.09.2018 whereby, the Tribunal has awarded total compensation of Rs.1,57,714/- and Rs.3,44,041/- respectively with interest at 6% per annum. 3. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. 4. The brief facts of the cases as set out in the claim petitions are that, the appellant in MFA.No.146/2019, Mr.Ganesh along with the appellant in MFA.No.147/2019, Mr.Ramesh were proceeding on a motor cycle bearing - 5 - HC-KAR NC: 2025:KHC:33663-DB MFA No. 146 of 2019 C/W MFA No. 147 of 2019 Reg.No.KA-20-EF-9658 (for short, 'the motor cycle') from Kundapura towards Udupi on 20.05.2016. Ramesh was the main rider and Ganesh was the pillion rider. At around 5.10 pm, the motor cycle reached near Ekadantha Hardware Saligrama, Chitrapady Village, Udupi Taluk and District. At that time, a Tipper Lorry bearing Reg.No.KA-20-C-3155 (for short, 'the lorry') came from Karkada - Kavadi Road towards Saligrama, driven by its driver in high speed and in rash and negligent manner and suddenly and abruptly entered NH-66 and moved towards the divider in order to take right turn to reach one way to move towards Kundapura. Due to the sudden entry of the lorry, the rider of the motor cycle, lost control over the motor cycle and dashed against the right rear side of the lorry. Due to the said impact, the appellants-claimants in both the cases have sustained grievous injuries. Immediately after the accident, the appellants-claimants were shifted to KMC Hospital, Manipal in Udupi. Thus, the claim petition was filed under Section 166 of the Motor Vehicles Act, 1988, for seeking compensation. - 6 - HC-KAR NC: 2025:KHC:33663-DB MFA No. 146 of 2019 C/W MFA No. 147 of 2019 5. Learned counsel Smt. Sunitha H. Singh for the appellants vehemently contended that, the Tribunal has granted a meager compensation under all conventional heads. The claimants had sustained grievous injuries. 6. Further, the claimants were working as Fishermen and were earning salary of Rs.30,000/- each, per month as it is evident from Ex.P-38 and Ex.P-42 - Salary Certificates. But the Tribunal has considered the monthly income of the injured at Rs.8,000/- each, which is also on lower side. Hence, she prays to allow the appeal. 7. Per contra, Sri S.V Hegde Mulkhand, learned counsel for the Insurance Company vehemently contended that the Tribunal, on considering the oral and documentary evidence on record, has granted fair and reasonable compensation. Thus, no interference is called for in that regard. Hence, he prayed for dismissal of the appeal. 8. We have perused the material available on record and having heard the learned counsels for both the parties, the - 7 - HC-KAR NC: 2025:KHC:33663-DB MFA No. 146 of 2019 C/W MFA No. 147 of 2019 point that would arise for our consideration in this appeal is: Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for any enhancement? 9. To prove their claims, the appellants - claimants examined themselves as PW-1 and PW-2, and relied upon the documents as per Ex.P-1 to Ex.P-38 and Ex.P-39 to Ex.P-70 and Dr. Ashwath Acharya, the doctor was examined as PW-3 and also got examined PW-4 and PW-5 and on behalf of respondents examined RW-1, Ananda Poojary and got marked documents as per Exs.R-1 and R2. Reg: MFA.No.146/2019 in MVC.No.998/2016 (Case of Mr.Ganesh): 10. As per Ex.P-70, the wound certificate, the claimant Ganesh sustained the following injuries: i) Head injury - unconscious, ii) Subdural Hemorrhage and subarachnoid, iii) Hemorrhage over left fronto parieto temporal area, - 8 - HC-KAR NC: 2025:KHC:33663-DB MFA No. 146 of 2019 C/W MFA No. 147 of 2019 iv) Fracture of right zygomatic area and v) Right temporal lobe fracture. 11. PW-3, the doctor issued Disability Certificate as per Ex.P-41 and assessed the disability of the claimant-Ganesh at 49% permanent physical disability but the Tribunal has not considered the disability. 12. As per Ex.P-40 the Discharge Summary, the claimant-Ganesh was admitted to the KMC Hospital, Manipal on 20.05.2016 and discharged on 25.05.2016 as per Ex.P-40 and again the claimant was admitted to the KMC Hospital, Manipal on 24.06.2016 and discharged on 30.06.2016. 13. The Tribunal has awarded a compensation of Rs.74,715/- towards 'Hospital and medical bills' which is just and reasonable. Hence, no interference is called for in that regard. 14. The Tribunal has awarded a compensation of Rs.50,000/- towards 'Pain and sufferings'. As per Ex.P-5 - 9 - HC-KAR NC: 2025:KHC:33663-DB MFA No. 146 of 2019 C/W MFA No. 147 of 2019 the Wound Certificate, the claimant sustained five injuries including two fractures. Hence, the compensation awarded under this head is enhanced to Rs.75,000/- as against Rs.50,000/-. 15. The Tribunal has awarded a sum of Rs.8,000/- towards 'Loss of income during laid up period' by considering the income of the claimant at Rs.8,000/- per month for a period of 30 days. Hence, as per taking note of the chart issued by the Karnataka State Legal Services Authority and the High Court Legal Services Committee, a sum of Rs.28,500/- (Rs.9,500 x 3) is granted under this head by considering the notional income of the claimant at Rs.9,500/- per month for a period of three months. 16. The Tribunal has granted a sum of Rs.25,000/- towards 'Food & nourishment charges, traveling, attendant charges, loss of income during hospitalization' which is just and reasonable one. Hence, no interference is called for in that regard. - 10 - HC-KAR NC: 2025:KHC:33663-DB MFA No. 146 of 2019 C/W MFA No. 147 of 2019 17. Thus, the claimant-Ganesh in MVC.No.998/2016 is entitled for the following compensation: HEADS Compensation awarded by the Tribunal in Rs. Compensati on awarded by this Court in Rs. Hospital and medical bills 74,715 74,715 Pain and suffering 50,000 75,000 Loss of income during laid up period 8,000 28,500 Food & nourishment charges, traveling, attendant charges, loss of income during hospitalization 25,000 25,000 TOTAL 1,57,715 2,03,215 ENHANCED COMPENSATION Rs.45,500/- Reg: MFA.No.147/2019 in MVC.No.997/2016 (Case of Mr.Ramesh): 18. As per medical records, the contents of Ex.P-5, the Wound Certificate, the claimant-Ramesh sustained following injuries: i) Closed head injury, disoriented ii) Black eye, right mild bilateral hemorrhage, iii) 6x0.5x0.5 cms laceration over right cheek, iv) Traumatic amputation of right index finger at level of PIP Joint, - 11 - HC-KAR NC: 2025:KHC:33663-DB MFA No. 146 of 2019 C/W MFA No. 147 of 2019 v) 5x1x0.5 cms laceration over mild tenderness, vi) Zygomatic fracture, vii) Right supraorbital fracture, viii) Mandible right ramus fracture, ix) Right temporal bone fracture and lobe and x) Right frontal sinus fracture. 19. As per Section 27 of the Employee's Compensation Act, 1923, (for short 'the Act'), for amputation of right index finger, the disability is assessed at 14%, which is fair and reasonable one. 20. Further, Dr. Ashwath Acharya who was examined as PW-3, has issued Disability Certificate assessing the permanent disability of the injured-Ramesh at 20%. But the Tribunal has considered the disability aspect at 10%. Hence, we assess the disability at 14% as per Schedule I of the Employee's Compensation Act, 1923. 21. The Tribunal has considered the notional income of the injured at Rs.8,000/- per month. The accident is of the year 2016. In the absence of proof of any income, taking into consideration the Circular issued by Karnataka - 12 - HC-KAR NC: 2025:KHC:33663-DB MFA No. 146 of 2019 C/W MFA No. 147 of 2019 State Legal Services Authority and High Court Legal Services Committee, Bengaluru, we assess the notional income of the injured at Rs.9,500/- per month. As on the date of accident, the age of the injured was 29 years. Hence, the multiplier applicable for the age group of the injured in '17'. Hence the 'loss of future income' is reassessed as under: Rs.9500 x 12 x 17 x 14% = Rs.2,71,320/- 22. The Tribunal has awarded a compensation of Rs.1,04,241/- towards 'Hospital and Medical Bills' which is fair and reasonable one, hence, same is maintained. 23. The Tribunal has awarded compensation of Rs.20,000/- towards 'Pain and suffering' which is on lower side. It is settled law for one grievous injury, the injured is entitled for Rs.50,000/-. In this case, the claimant sustained crush injury, amputation of his right index finger. Therefore, Rs.50,000/- is enhanced as against - 13 - HC-KAR NC: 2025:KHC:33663-DB MFA No. 146 of 2019 C/W MFA No. 147 of 2019 Rs.20,000/- towards 'pain and sufferings' which is fair and reasonable one. 24. The Tribunal has awarded a sum of Rs.21,600/- towards 'loss of income during laid up period'. Considering the notional income of Rs.8,000/- per month which is on lower side. The income of the injured is reassessed as Rs.9,500/- per month and same is calculated as Rs.9,500 x 3 months which comes to Rs.28,500/-. Hence, the same is granted under this head. 25. The Tribunal has awarded a sum of Rs.20,000/- towards 'loss of amenities' which is on lower side, hence we further enhance a sum of Rs.10,000/- globally towards loss of amenities, which comes to total Rs.30,000/- under this head. 26. The Tribunal has awarded a sum of Rs.15,000/- towards 'Food & nourishment charges, traveling, attendant charges, loss of income during hospitalization' which is on lower side. Hence, we further enhance a sum of - 14 - HC-KAR NC: 2025:KHC:33663-DB MFA No. 146 of 2019 C/W MFA No. 147 of 2019 Rs.10,000/- which comes to total Rs.25,000/- under this head. 27. Thus, the claimant-Ramesh in MVC.No.997/2016 is entitled for the following compensation: HEADS Compensation awarded by the Tribunal in Rs. Compensati on awarded by this Court in Rs. Loss of future income 1,63,200 2,71,320 Hospital and medical bills 1,04,241 1,04,241 Pain and suffering 20,000 50,000 Loss of income during laid up period 21,600 28,500 Loss of amenities 20,000 30,000 Food & nourishment charges, traveling, attendant charges, loss of income during hospitalization 15,000 25,000 TOTAL 3,44,041 5,09,061 ENHANCED COMPENSATION Rs.1,65,020/- 28. Accordingly, we pass the following: O R D E R i. The appeals are allowed-in-part. ii. The judgment and award dated 27.09.2018 in MVC No.998/2016 and MVC No.997/2016 passed - 15 - HC-KAR NC: 2025:KHC:33663-DB MFA No. 146 of 2019 C/W MFA No. 147 of 2019 by the Senior Civil Judge and Member Additional MACT, Kundapura, are modified to the extent stated hereinabove. iii. The claimant, Mr. Ganesh in MVC.No.998/2016 is entitled for enhanced compensation of Rs.2,03,215/- as against Rs.1,57,714/- awarded by the Tribunal and the claimant, Mr. Ramesh in MVC.No.997/2016 is entitled for enhanced compensation of Rs.5,09,061/- as against Rs.3,44,041/-. iv. In so far as liability is concerned, The Insurance Company is directed to deposit the entire compensation before the Tribunal together with interest at the rate of 6% per annum within a period of six weeks from today. - 16 - HC-KAR NC: 2025:KHC:33663-DB MFA No. 146 of 2019 C/W MFA No. 147 of 2019 v. Amount in deposit shall be transferred to the Tribunal for disbursement. vi. No order as to costs. In view of the disposal of the appeal, all pending interlocutory applications, if any, shall stand disposed off. Registry is directed to send back the records along with the copy of this judgment to Tribunal, forthwith. SD/- (D K SINGH) JUDGE SD/- (VENKATESH NAIK T) JUDGE DHA List No.: 1 Sl No.: 14