- 1 - HC-KAR NC: 2025:KHC:27391 MFA No. 4774 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 4774 OF 2017 (MV-I) BETWEEN: KARTHIK S/O NANJUNDASWAMY, AGED ABOUT 21 YEARS, R/O K.B.EXTENSION, 2ND CROSS, CHITRADURGA 577501. …APPELLANT (BY SRI. R SHASHIDHARA, ADVOCATE) AND: 1. CHANNAPPA S/O THIPPESWAMY, AGED ABOUT 63 YEARS, OWNER OF TRACTOR TRAILER BEARING NO.KA-16/T-1266 KA-16/TA-6342, R/O CHOWDAGERE, NAYAKANAHATTY HOBLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 501 2. THE BRANCH MANAGER THE NEW INDIA INSURANCE CO DAVANAGERE ROAD, NEAR MAGANUR BASAPPA PETROL BUNK, CHITRADURGA 577501 …RESPONDENTS (BY SMT. GEETHA RAJ, ADVOCATE FOR R2 R1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.03.2017 PASSED IN MVC NO.1053/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27391 MFA No. 4774 of 2017 JUDGE AND ADDITIONAL MACT-V,CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The above appeal is filed by the claimant challenging the judgment and award dated 03.03.2017 passed in MVC No.1053/2015 by the II Addl. Senior Civil Judge and Addl. MACT-V, Chitradurga1 seeking for enhancement of compensation. 2. The Tribunal by its judgment and award dated 03.03.2017 partly allowed the claim petition and awarded a total compensation of `2,32,900/- together with interest at 7.5% per annum. Being aggrieved, the claimant has filed the above appeal seeking for enhancement of compensation. 3. The findings of the Tribunal on negligence and on liability are not under challenge and have attained finality. The only question to be adjudicated in the above appeal is with regard to the adequacy of compensation awarded by the Tribunal. 1 Hereinafter referred to as the ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:27391 MFA No. 4774 of 2017 4. Heard the submissions of learned counsel R.Shashidhara, appearing for the appellant/claimant and learned counsel Smt. Geetha Raj, appearing respondent No.2/insurer. Perused the records including the records of the Tribunal. 5. It is forthcoming that the claimant was aged 18 years as on the date of the accident i.e., on 10.05.2015. Hence, the Tribunal has applied the appropriate multiplier of ‘18’ which is just and proper. 6. The claimant is stated to have been doing finance field work and earning `15,000/- p.m. However, no documents have been produced to demonstrate his income. The Tribunal has assessed the notional income of the claimant at `6,000/- per month. Having regard to the date of the accident, the notional income of the claimant is re-assessed as `9,000/- per month. 7. It is evident from the wound certificate (Ex.P4), disability certificate (Ex.P9) and the testimony of the Doctor (PW.2) that the claimant sustained comminuted fracture of middle 1/3rd of both bones of the left leg. The claimant was treated as an - 4 - HC-KAR NC: 2025:KHC:27391 MFA No. 4774 of 2017 inpatient for a total period of 5 days. The Doctor deposed that the claimant sustained 27% disability to the left lower limb. The Tribunal has assessed the whole body disability at 9% which is just and proper. 8. In view of the aforementioned, the compensation is re- assessed as follows: 8.1 The compensation awarded by the Tribunal towards pain and suffering in a sum of `50,000/-; food, nourishment and attendant charges in a sum of `15,000/-; and medical expenses in a sum of `51,300/- is just and proper; 8.2 The Tribunal has not awarded any compensation towards loss income during laid up period. Hence, the laid up period is assessed as 3 months and the loss of income during laid up period is assessed as (`9,000 x 3) `27,000/-; 8.3 The Loss of future earning capacity is re-assessed as (`9,000 x 12 x 18 x 9%) `1,74,960/- as against `1,16,600/- awarded by the Tribunal; - 5 - HC-KAR NC: 2025:KHC:27391 MFA No. 4774 of 2017 8.4 Having regard to the nature of injuries sustained and the resultant disability, it is just and proper to award compensation towards loss of amenities in a sum of `25,000/-; 9. Taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the enhanced compensation as re-assessed by this Court; 10. In view of the aforementioned, the compensation is re- assessed as follows: Sl.No Compensation Head Amount Awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Towards loss of future income due to disability 1,16,600.00 1,74,960.00 2 Towards pain and suffering 50,000.00 50,000.00 3 Towards diet, attendant charge, traveling expenses 15,000.00 15,000.00 4 Towards medical expenses 51,300.00 51,300.00 5 Towards loss of amenities 00 25,000.00 6 Loss of income during laid up period 00 27,000.00 Total 2,32,900.00 3,43,260.00 - 6 - HC-KAR NC: 2025:KHC:27391 MFA No. 4774 of 2017 11. Accordingly, the claimant is entitled to enhanced compensation of (`3,43,260 - `2,32,900) `1,10,360/-. 12. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 03.03.2017 passed in MVC No.1053/2015 by the II Addl. Senior Civil Judge and Addl. MACT-V, Chitradurga is hereby modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The appellant/claimant is entitled to enhanced compensation of `1,10,360/- together with interest at 7% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal; iv) Respondent No.2 – insurer is shall deposit the said compensation together with accrued interest within a period of six weeks; v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon be disbursed to the claimant; - 7 - HC-KAR NC: 2025:KHC:27391 MFA No. 4774 of 2017 vi) The Registry to draw the modified award accordingly; vii) Records be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 39