- 1 - HC-KAR NC: 2025:KHC-D:7343 MFA No. 103457 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 103457 OF 2017 (MV-I) BETWEEN: SHRI. GANGAPPA S/O GUNDAPPA MAREGUDDI, AGE: 23 YEARS, OCC: AGRICULTURE COOLIE, R/O: KOLUR VILLAGE, TQ: BILAGI, DIST: BAGALKOT-587 116. … APPELLANT (BY SRI. SIDDAPPA S. SAJJAN, ADVOCATE) AND: 1. SAYYAD S/O RAJESAB NADAF, AGE: 39 YEARS, OCC: BUSINESS, R/O: HAMAL COLONY, NEAR NH-13, BIJAPUR, DIST: BIJAPUR-586 101. 2. BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, KATAGI BUILDING, KACHERI ROAD, JAMKHANDI, DIST: BAGALKOT-587 301. … RESPONDENTS (BY SRI. S.S. KOLIWAD, ADVOCATE FOR R2; R1-DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, ENHANCE THE COMPENSATION BY MODIFYING AND JUDGMENT AND AWARD DATED 18.02.2017 PASSED IN MVC NO.555/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VI AT JAMKHANDI. 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:7343 MFA No. 103457 of 2017 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) Though this appeal is listed for admission, with consent of learned counsel for the parties, it is taken up for final disposal. 2. This appeal is filed by the claimant/appellant challenging the judgment and award dated 18.02.2017, passed by the Additional Senior Civil Judge and Member M.A.C.T. No.VI, Jamkhandi, in MVC No.555/2013 (hereinafter referred to as the ‘Tribunal’), seeking enhancement of compensation. 3. Heard the arguments and perused the material placed before the Court. 4. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. - 3 - HC-KAR NC: 2025:KHC-D:7343 MFA No. 103457 of 2017 5. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries: “i. Anterial cruciate, posterior cruciate and medial collateral ligament injury and haemarthrosis with right knee joint and cut lacerated wound on medial side of knee joint. ii. Abrasion wound over medial side of thigh and leg. He took complete follow up treatment in his hospital. As there was restricted movements in the right knee and right ankle the doctor opined the power in the right lower limb is grade-IV and all over body”. 6. The tribunal has awarded global compensation of Rs.2,00,000/- along with interest at the rate of 9% per annum. 7. The doctor-PW-2 has stated that the claimant has suffered 38% permanent physical disability towards right lower limb. Therefore, taking note of the same, it is just and proper to re-assess the functional disability of the - 4 - HC-KAR NC: 2025:KHC-D:7343 MFA No. 103457 of 2017 claimant at 15% to the whole body, considering that the claimant is agricultural coolie by profession. Therefore, the judgment and award requires to be modified by enhancing the quantum of compensation. 8. Considering the nature of injuries sustained, compensation awarded by Tribunal is on lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 9. The accident is caused in the year 2009. Therefore, notional income of Rs.5,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 19 years old at the time of accident. Therefore, appropriate applicable multiplier is ‘18’. Hence, loss of future income due to disability is hereby reassessed and quantified as under: Rs.5,000 x 12 x 18 x 15% = Rs.1,62,000/- - 5 - HC-KAR NC: 2025:KHC-D:7343 MFA No. 103457 of 2017 10. Further, the claimant is entitled to compensation of Rs.40,000/- towards pain and suffering. As per medical bills, Rs.44,357/- is awarded towards medical expenses. Further, Rs.20,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.15,000/- (5,000x3) towards loss of income during laid up period for a period of three months, is awarded. The claimant is entitled for a sum of Rs.25,000/- towards loss of amenities. 11. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. 40,000 2. Towards medical expenses. 44,357 3. Towards loss of amenities. 25,000 4. Towards loss of income during laid up period 15,000 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc. 20,000 6. Towards loss of future earning capacity. 1,62,000 Total: 3,06,357 - 6 - HC-KAR NC: 2025:KHC-D:7343 MFA No. 103457 of 2017 12. Therefore, the claimant is entitled for total compensation of Rs.3,06,357/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,00,000/- awarded by the Tribunal. The Insurance Company is directed to deposit the enhanced compensation within eight weeks from the date of receipt of a certified copy of this judgment. 13. The Tribunal has awarded interest on the compensation at 9% per annum, which is on the higher side. Considering the rate of interest awarding on the fixed deposits, this Court is awarding interest at the rate of 6% per annum. 14. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 18.02.2017, passed by the Additional Senior Civil Judge and Member M.A.C.T. - 7 - HC-KAR NC: 2025:KHC-D:7343 MFA No. 103457 of 2017 No.VI, Jamkhandi, in MVC No.555/2013 stands modified. iii) The claimant is entitled for total compensation of Rs.3,06,357/- along with interest at the rate of 6% p.a. from the date of petition till its realization as against Rs.2,00,000/- awarded by the Tribunal. iv) The insurance company shall deposit the enhanced amount within a period of eight weeks from the date of receipt of a copy of this judgment. v) Registry to send a copy of this judgment to the Trial Court. vi) Draw award accordingly. vii) No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM CT:BCK LIST NO.: 1 SL NO.: 21