- 1 - HC-KAR NC: 2025:KHC:33828 MFA No. 6001 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 6001 OF 2021 (MV-I) BETWEEN: MR. MOHAMMAD ARISH, AGED ABOUT 25 YEARS, S/O ABDUL AZEEZ, R/AT HAMPASALU HOUSE, THOTATHADY VILLAGE, BELTHANGADY TALUK. …APPELLANT (BY SRI RAJARAM SOORYAMBAIL, ADVOCATE) AND: 1. MR. U M RAMADAS SAPALIGA, AGED ABOUT 62 YEARS, S/O MONAPPA SAPALIGA, R/AT HOSA KUMERU HOUSE, UJIRE VILLAGE, LAILA POST, BELTHANGADY TALUK, D K. 2. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, KATHYAYINI BUILDING, BELTHANGADY. (POLICY NO.0729033118P103513315 VALIDITY FROM 25-06-2018 TO 24-06-2019 …RESPONDENTS (BY KU. KAUSALYA, ADVOCATE FOR SRI RAVISH BENNI, ADVOCATE FOR R-2; R-1 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.07.2021 PASSED IN Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33828 MFA No. 6001 of 2021 MVC NO.670/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, MACT, BELATHANGADY, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT Heard the learned counsel appearing for the appellant and learned counsel appearing for respondent No.2-Insurance Company. 2. This appeal is filed by appellant-petitioner, impugning the judgment and award in MVC No. 670/2019, by the learned Principal Senior Civil Judge and MACT, Belthangagay, dated 08.07.2021. 3. The factual matrix of the case is that, the petitioner was travelling on the motorcycle bearing No.KA.21.W.4982 from Kakkinje towards Belthangady as a pillion rider on 28.12.2018 at 2.15 pm near Kashi Bettu, Laila village, an autorickshaw bearing No. KA.21.A.9682 came from the opposite side and dashed to the motorcycle, resulting in the accident. The petitioner - 3 - HC-KAR NC: 2025:KHC:33828 MFA No. 6001 of 2021 sustained laceration wound measuring 3 cms. x 1 cm bone deep on the left side of the forehead and fracture of the left maxilla, left orbit, left zygoma and left condyle of the mandible. He also suffered fracture of the right tibia and patella. He was inpatient in the hospital from the date of the accident for 13 days and was treated with surgeries. Therefore, the petitioner claimed adequate compensation from the owner and insurer of the autorickshaw and as such, filed the claim petition before the Tribunal. 4. On the issuance of notice, the owner and insurer of the autorickshaw appeared before the Tribunal and the insurer resisted the petition contending that the compensation claimed is highly exorbitant, imaginary and untenable and that the terms and conditions of the policy were violated by the owner of the autorickshaw. 5. The Tribunal framed appropriate issues, clubbed MVC No. 670/2019 with MVC No. 671/2019 which was filed by the rider of the motorcycle and common evidence was recorded. The petitioners were examined as - 4 - HC-KAR NC: 2025:KHC:33828 MFA No. 6001 of 2021 PWs.1 and 2, and the doctor who assessed the disability was examined as PW3. Exhibits P1 to P22 were marked in evidence. On behalf of the respondents, two witnesses were examined as RWs.1 and 2 and Exhibits R1 to 6 were marked. 6. After hearing both the sides, the Tribunal has awarded a compensation of ₹2,22677/- under following heads: Pain and agony 25,000/- Medical expenses 1,35,077/- Conveyance, attendant charges 2,600/- Loss of amenities and joy of life 30,000/- Future medical expenses 30,000/- Total 2,22,677/- 7. Being aggrieved by the quantum of compensation amount, the petitioner is before this Court in appeal. 8. The learned counsel appearing for the appellant/petitioner would submit that the Tribunal has not awarded any compensation under the head of loss of income during the laid up period and it failed to assess the - 5 - HC-KAR NC: 2025:KHC:33828 MFA No. 6001 of 2021 disability of the petitioner which was stated by PW3. The Tribunal did not consider the disability resulting from fracture of the tibia and patella, since the petitioner was a coolie by profession. Therefore, he has sought for reassessment of the compensation. 9. Per contra, the learned counsel appearing for the respondent would defend the imputed judgment stating that the injuries to the face do not result in any disability and therefore, there is no need for any indulgence by this Court. 10. The available materials on record would show that the petitioner was inpatient at Mangala Hospital for 13 days and he had suffered the injuries mentioned supra. There is no dispute that the autorickshaw driver had a valid driving licence and as such, the Insurance Company is liable to pay the compensation to the petitioner. In the light of the above, there is a need for re-assessment of the quantum of the compensation only. - 6 - HC-KAR NC: 2025:KHC:33828 MFA No. 6001 of 2021 11. Having regard to the nature of the injuries suffered by the petitioner, which include fracture of the zygomatic arch and the right tibia and patella, the compensation under the head of 'pain and suffering' needs to be enhanced to ₹40,000/-. 12. The Tribunal has awarded a sum of ₹30,000/- under the head of 'loss of amenities in life' and considering the fact that the petitioner has to suffer the disability for the rest of his life, it would be just and proper to enhance the compensation under this head to ₹40,000/-. 13. PW3 had deposed before the Tribunal that there is a disability of 16% to the right lower limb of the petitioner. When we examine the same with reference to the avocation of the petitioner, which is a coolie, definitely, the injury would result in functional disability. In the considered opinion of this Court, such disability would be 6%. - 7 - HC-KAR NC: 2025:KHC:33828 MFA No. 6001 of 2021 14. The guidelines issued by KSLSA for the purpose of settlement of disputes before the Lok adalat prescribe a notional income of ₹12,500/- for the year 2018. In umpteen number of judgments, this Court has held that the guidelines issued by the KSLSA are in general conformity with the wages fixed under the Minimum Wages Act, and therefore, the notional income of the petitioner has to be considered at ₹12,500/- per month for the year 2018. Thus, the compensation under the head of 'loss of future income due to disability' is calculated as: ₹12,500/- x 12 x 18 x 6%= ₹1,62,000/- by adopting a multiplier of '18' for the age of 23 years. 15. Consequently, the compensation under the head of 'loss of income during the laid up period' has to be calculated by holding that he was unable to resume his work at least for a period of 3 months. Hence, the petitioner is also entitled for a sum of ₹37,500/- under this head. - 8 - HC-KAR NC: 2025:KHC:33828 MFA No. 6001 of 2021 16. The Tribunal has awarded a sum of ₹2,600/- under the head of conveyance. The same needs to be enhanced to ₹13,000/- by considering the conveyance expenses, attendant charges and the extra nourishment needed. 17. The Tribunal has awarded a sum of ₹1,35,077/- under the head of 'medical expenses' and a sum of ₹30,000/- under the head of 'future medical expenses', which do not require any enhancement. Hence, the petitioner is entitled for a total compensation of ₹4,59,577/- under the following heads: Pain and agony 40,000/- Medical expenses 1,35,077/- Conveyance, attendant charges 15,000/- Loss of amenities and joy of life 40,000/- Future medical expenses 30,000/- Loss of income during laid up period 37,500/- Loss of future income due to disability 1,62,000/- Total Less: Awarded by Tribunal 4,59,577/- 2,22,677/- 2,36,900/- Thus, the petitioner is entitled for a sum of ₹2,36,900/- in addition to what has been awarded by the - 9 - HC-KAR NC: 2025:KHC:33828 MFA No. 6001 of 2021 Tribunal together with interest at 6% p.a., from the date of petition till its realisation. Hence, the following: ORDER (i) The appeal is allowed in part. (ii) The petitioner is entitled for a sum of ₹2,36,900/- in addition to what has been awarded by the Tribunal together with interest at 6% p.a. from the date of petition till its realisation. The impugned judgment is modified accordingly. (iii) The Insurance Company is directed to deposit the compensation amount within 08 weeks from today. (iv) The rest of the order passed by the Tribunal remains unaltered. Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 25