- 1 - HC-KAR NC: 2025:KHC:35002 MFA No. 3251 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3251/2017 (MV-I) BETWEEN: SRI. KUMARASWAMY, S/O. MAHABALAIAH, AGED ABOUT 47 YEARS, AGRICULTURISTS AND PUROSHITHA, R/AT JAVALLI, TUDUR VILLAGE, MANDAGADDE HOBLI, THIRTHAHALLI TALUK, SHIMOGGA DISTRICT. …APPELLANT (BY SRI. RAGHAVAN M., ADVOCATE) AND: 1. MR. VENKATESHA, S/O. SUBBA RAO, AGED ABOUT 35 YEARS, R/AT RANJADAKATE, DOORVASAPURA POST, THIRTHAHALLI TALUK, PIN CODE-577 432. (DRIVER OF THE DIVYA TRAVELS BUS) 2. MR. M. D. DIBIN, S/O.M. M. VELSON, MAJOR, R/O. SAGADI, THIRTHAHALLI TOWN, SHIMOGGA DISTRICT, PIN CODE-577 415, (OWNER OF THE DIVYA TRAVELS BUS) 3. RELIANCE GENERAL INSURANCE CO. LTD., BRANCH OFFICE NO.4, 2ND FLOOR, M.G. PALACE, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:35002 MFA No. 3251 of 2017 GOPI CIRCLE, SHIMOGA CITY, PIN CODE-577 201, (POLICY NO. 140608045965 VALID FROM 25/06/2011 TO 24/06/2012) …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R3), NOTICE TO R1 AND R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.01.2017 PASSED IN MVC NO.63/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND AMACT-14, AT THIRTHAHALLI, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This MFA is filed by the appellant/petitioner-injured against the award passed by the Tribunal dated 18.01.2017 passed in MVC No.63/2013 on the file of the Senior Civil Judge and JMFC and AMACT- 14, Thirthahalli. 2. Heard the arguments of the learned counsel for appellant and learned counsel for respondent No.3. Notice to respondent Nos.1 and 2 is dispensed with. The - 3 - HC-KAR NC: 2025:KHC:35002 MFA No. 3251 of 2017 ranks of the parties are retained as per tribunal for the sake of convenience. 3. The petitioner/injured claimant was aged 47 years. He met with accident on 25.11.2011 He was an agriculturist. He filed claim application claiming compensation of Rs.75,000/-. The tribunal considering the oral and documentary evidence granted the said amount along with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Aggrieved by the said order, this appeal is filed. 4. Learned counsel for the appellant contended that his income was taken as Rs.3,500/- and he was an agriculturist earning Rs.15,000/- p.m. Also, the disability of the whole body was taken as 4.2% only. The doctor assessed the disability as 12.6% to the whole body. Appellant sustained 100% functional disability. The amount granted under the head, pain and suffering is meager. No amount was granted towards future medical expenses. The amount of Rs.21,000/- and Rs.10,000/- - 4 - HC-KAR NC: 2025:KHC:35002 MFA No. 3251 of 2017 towards loss of income and attendant charges and conveyance respectively which were granted are very meagre. Therefore, requested for enhancement. He claimed Rs.8,80,000/- before the appellate court and restricted his claim to Rs.5,00,000/-. 5. Petitioner met with an accident on 25.11.2011 and sustained lacerated wound and palm (R) with fracture (R), 2nd metacarpal head and fracture shaft (R) 4th metacarpal which are grievous in nature. He was admitted on 26.11.2011 and discharged on 13.12.2011. Totally hospitalized for a period of 17 days. As per the disability certificate given by the Assistant professor of orthopedic total disability of right upper limb is assessed as 12.6%. 6. Learned counsel for respondent disputed the same, on the ground that the fracture was sustained to a small bone and there is no functional disability. 7. Admittedly, petitioner was an agriculturist and he has to do physical work. Considering the evidence of PW2 and Ex.P13, the tribunal has rightly considered disability - 5 - HC-KAR NC: 2025:KHC:35002 MFA No. 3251 of 2017 as 4.2%. The main grievance of the appellant herein is that the age of the petitioner was taken as 56 years. Though he was aged 47 years. He was born on 19.02.1964 and met with an accident on 25.11.2011. He also filed Adhard card to prove his age. Therefore, this Court finds it reasonable to take his age as 47 years and the multiplier as 13. Therefore, as there is no proof of income, as the accident occurred in the year 2011, as per the guidelines of Karnataka State Legal Services Authority, the income of appellant to be taken as Rs.6,500/- per month instead of Rs.3,500/-. Therefore, the loss of future income is as below, Rs.6,500 x 12 x 13 x 4.2% = Rs.42,588/- and the amount granted under the other heads stands good. 8. Considering the nature of the injury sustained, this court finds it reasonable to enhance the compensation under the head pain and suffering to Rs.30,000/- and also to grant Rs.30,000/- towards loss of amenities. The medical expenses of Rs.8104/- needs no interference. - 6 - HC-KAR NC: 2025:KHC:35002 MFA No. 3251 of 2017 He was hospitalized for 2½ months as per medical record, therefore, this court finds it reasonable to grant loss of income during laid up period for a period of 4 months i.e., for Rs.6,500/- x 4 = Rs.26,000/-. The amount granted to attendance charges, conveyance, food and nourishment is enhanced to Rs.30,000/-. 9. Thus in all, total compensation awarded by this court are as below, Particulars Amount in Rs. Towards loss of future income 42,588 Towards Pain and suffering 30,000 Towards loss of amenities 30,000 Towards attendance charges, conveyance, food and nourishment 30,000 Towards loss of income during laid up period 26,000 Towards medical expenses 8,104 Total 1,66,692 - 7 - HC-KAR NC: 2025:KHC:35002 MFA No. 3251 of 2017 Hence, the appellant-claimant is entitled for a total enhanced compensation of Rs.1,66,692/- along with interest at the rate of 9% p.a. 10. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 18.01.2017 passed in MVC No.63/2013 on the file of the Senior Civil Judge and JMFC and AMACT- 14, Thirthahalli, is modified; iii. The claimant is entitled to a sum of Rs. 1,66,692/- along with interest at 6% p.a asfrom the date of petition till the date of realization, instead of Rs.75,000/- granted by the tribunal. iv. Respondent No.3/Insurance company is directed to deposit the amount within one month from the date of this order; - 8 - HC-KAR NC: 2025:KHC:35002 MFA No. 3251 of 2017 v. On such deposit, appellant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV List No.: 1 Sl No.: 28