- 1 - NC: 2025:KHC-D:3610 MFA No. 24198 of 2013 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.24198 OF 2013 (MV-I) BETWEEN: SHRI ADIVEPPA S/O. BASAPPA @ BASAVANNI KALASANNAVAR, AGE: 36 YEARS, OCC: AGRICULTURE, NOW NIL, R/O: BALOBAL, TAL: GOKAK, DIST: BELAGAVI. …APPELLANT (BY SRI HANAMANT R. LATUR, ADVOCATE.) AND: 1. SHRI BASAPPA S/O. BHIMAPPA GADDI, AGE: 41 YEARS, OCC: BUSINESS, R/O: HUNASHYAL, P.G. TAL: GOKAK, DIST: BELAGAVI. 2. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, SY.NO.213/2B, PLOT NO.3, MUNAVALLI COMPLEX, LAXMI TEMPLE ROAD, NEAR COURT CIRCLE, GOKAK, DIST: BELAGAVI. …RESPONDENTS (BY SRI GANGADHAR HOSAKERI, ADVOCATE FOR R2; R1 – SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 27.02.2013, PASSED BY THE COURT OF FAST TRACK AND M.A.C.T., HUKKERI, SITTING AT GOKAK, IN MVC NO.1623/2012, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3610 MFA No. 24198 of 2013 THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 27.02.2013, passed by the Fast Track Court and MACT, Hukkeri, sitting at Gokak, in MVC No.1623/2012, seeking enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 4. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. - 3 - NC: 2025:KHC-D:3610 MFA No. 24198 of 2013 “Comminuted fracture of frontal bone, epidural heamotoma in basifrontal region, CLW (L) aide of forehead 2” x 1” cms, CLW temporoperietal region x” x 1” and sustained the disability at 50%.” 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and sufferings. 30,000 2. Medical expenditure. 78,000 3. Attendant charges & Spl. Diet charges. 3,600 4. Permanent disability & loss of future income. 86,400 5. Loss of amenities. 10,000 Total: 2,08,000 6. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 7. Considering the injuries sustained, a compensation of Rs.50,000/- towards pain and suffering, - 4 - NC: 2025:KHC-D:3610 MFA No. 24198 of 2013 Rs.30,000/- towards loss of amenities are awarded. The compensation awarded by the tribunal towards medical expenses and hospital charges of Rs.78,000/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.10,000/- towards incidental expenses like food, nourishment, travelling, attendant charges, etc., is awarded. 8. The doctor has stated that the claimant had suffered 50% of physical disability to the whole body. The claimant is an agricultural coolie. Therefore, considering the evidence of the doctor and the injuries suffered by the claimant, 15% functional disability is taken into consideration as the claimant had suffered Comminuted fracture of frontal bone, epidural heamotoma in basifrontal region. 9. The accident is caused on 21.02.2012. Therefore, in the absence of proof of income, notional income of Rs.6,500/- per month is to be taken into consideration, which is recognized by the Karnataka State - 5 - NC: 2025:KHC-D:3610 MFA No. 24198 of 2013 Legal Service Authority. The claimant was aged 35 years old at the time of accident. Therefore appropriate applicable multiplier is 16. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,87,200/- (Rs.6,500 x 15% x 12 x 16). 10. Further, Rs.19,500/- towards loss of income during laid up period for a period of three months, is awarded. 11. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 50,000 2. Medical expenses. 78,000 3. Loss of amenities. 30,000 4. Loss of income during laid up period and medical treatment period. 19,500 5. Incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 10,000 6. Loss of future earning capacity. 1,87,200 Total: 3,74,700 - 6 - NC: 2025:KHC-D:3610 MFA No. 24198 of 2013 12. Therefore, the claimant is entitled for total compensation of Rs.3,74,700/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,08,000/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 13. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 27.02.2013, passed by the Fast Track Court and MACT, Hukkeri, sitting at Gokak, in MVC No.1623/2012, is modified. iii) The claimant is entitled for total compensation of Rs.3,74,700/- along with interest at the rate of 6% p.a. from the date of petition till its realization. - 7 - NC: 2025:KHC-D:3610 MFA No. 24198 of 2013 iv) The claimant is not entitled for interest for the delayed period of 149 days in filing the appeal. v) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. vi) Send back the trial Court records along with a copy of this judgment. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 19