- 1 - NC: 2025:KHC-D:655 MFA No. 104379 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.104379 OF 2023 (MV-I) BETWEEN: SHRI SHABBIR S/O. DASTAGIR THAHSHILDAR, AGE. 28 YEARS, OCC. AGRICULTURE AND COOLIE, R/O. SANJAY NAGAR, CHIKODI, TQ. CHIKODI, DIST. BELAGAVI-593107. …APPELLANT (BY SRI SANTOSH S.HATTIKATAGI, ADVOCATE) AND: 1. SHRI APPASAB S/O. SHIVAPPA KESTE, AGE. 65 YEARS, OCC. AGRICULTURIST, R/O. KAROSHI VILLAGE, TQ. CHIKODI, DIST. BELAGAVI-593107. 2. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., PHARALE BUILDING, CHIKODI TOWN, DIST. BELAGAVI-593107. …RESPONDENTS (BY SRI S.S. KOLIWAD, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 30.01.2023 PASSED IN MVC NO.75/2021 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AND PRINCIPAL SENIOR CIVIL JUDGE, CHIKODI, BY ENHANCING THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:655 MFA No. 104379 of 2023 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 30.01.2023, passed by the Additional Motor Accident Claims Tribunal and Principal Senior Civil Judge, Chikodi, in MVC No.75/2021 (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 - NC: 2025:KHC-D:655 MFA No. 104379 of 2023 5. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries: “Degloving injury of right side face ZMC region and right upper and lower eyelid loss with depressed fracture of right Zygoma, fracture of left lateral end of clavicle and underwent operations and also sustained other grievous injuries to the whole body”. 6. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain, shock and suffering 30,000/- 2. Medical expenses 1,61,549/- 3. Incidental charges 6,800/- 4. Conveyance 5,000/- 5. Loss of income during hospitalization 48,708/- 6. Future loss of income due to disability 5,66,400/- 7. Loss of amenities and expectations 25,000/- Total: 8,43,457/- 7. The Tribunal has awarded compensation of Rs.5,66,400/- under the head loss of future income due to disability but ordered that the petitioner is not entitled to - 4 - NC: 2025:KHC-D:655 MFA No. 104379 of 2023 interest for this amount on the reason that it is an amount awarded towards loss of future income due to disability. The Tribunal has not awarded interest under this head. It is not future medical expenditure to be incurred, but it is an amount of compensation granted towards loss of future income due to disability. It means loss of earning capacity in future due to disability. Therefore, the claimant is entitled to interest at the rate of 6% p.a. on this head also. 8. Considering the nature of injuries sustained, compensation awarded by Tribunal is marginally lesser side. Therefore, the same is required to be enhanced by awarding additional global compensation. Therefore, the claimant is entitled for an additional global compensation of Rs.50,000/- in addition to what has been awarded by the Tribunal, along with interest at the rate of 6% p.a. 9. The Insurance Company is directed to deposit enhanced global compensation within eight weeks from the date of receipt of a certified copy of this judgment. - 5 - NC: 2025:KHC-D:655 MFA No. 104379 of 2023 10. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 30.01.2023, passed by the Additional Motor Accident Claims Tribunal and Principal Senior Civil Judge, Chikodi in MVC No.75/2021 stands modified. iii) The claimant is entitled for additional global compensation of Rs.50,000/- in addition to what has been awarded by the Tribunal, along with interest at the rate of 6% p.a. from the date of petition till its realization. iv) The claimant is entitled to interest at the rate of 6% p.a. on the amount of Rs.5,66,400/- awarded by the Tribunal under the head future loss of income due to disability. - 6 - NC: 2025:KHC-D:655 MFA No. 104379 of 2023 v) The insurance company shall deposit the compensation within a period of eight weeks from the date of receipt of a copy of this judgment. vi) Send a copy of this judgment and award to the trial Court. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 2 Sl No.: 28