- 1 - HC-KAR NC: 2025:KHC:34484-DB MFA No. 4231 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.4231 OF 2018 (MV-I) BETWEEN: SRI PRADEEP ACHAR AGED ABOUT 27 YEARS S/O. MANJUNATH ACHAR RESIDING AT SHIROOR POST AND VILLAGE KUNDAPURA TALUK UDUPI DISTRICT-576 124. …APPELLANT (BY SRI NAGARAJA HEGDE, ADVOCATE) AND: 1. SRI SANGRAM SHESHARAO GITE AGED MAJOR RESIDING AT BABUL GAON KANDHAR TALUK NANDED DISTRICT MAHARASHTRA-431 602. 2. THE NEW INDIA ASSURANCE CO. LTD. KUNDAPURA BRANCH PUSHPA BUILDING MAIN ROAD KUNDAPURA-576 201 REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI B.C. SEETHARAMA RAO, ADVOCATE, FOR R-2, AND VIDE ORDER DATED 22-9-2021, NOTICE TO R-1 IS DISPENSED WITH) * * * Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34484-DB MFA No. 4231 of 2018 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED 21-10-2017, PASSED IN M.V.C. NO.545 OF 2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KUNDAPURA, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T.) This appeal is filed by the claimant-injured challenging the judgment and award dated 21-10-2017 passed in M.V.C. No.545 of 2016 on the file of the Senior Civil Judge and Additional Motor Accidents Claims Tribunal, Kundapura, whereby, the Tribunal awarded total compensation of Rs.11,69,187/- with interest at the rate of 6% per annum from the date of accident till its realisation. 2. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. - 3 - HC-KAR NC: 2025:KHC:34484-DB MFA No. 4231 of 2018 3. Brief facts of the case are that on 18-10-2015 at 4:30 p.m., when Sri Pradeep Achar was proceeding on a motorcycle, bearing Registration No.KA-30 TX-1527, near Manki Railway Station Cross, Manki, at that time, the driver of a lorry, bearing Registration No.MH-26 AD-1527, drove it in a rash and negligent manner and dashed against the motorcycle of the claimant, as a result, he sustained grievous injuries. Hence, the claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Tribunal seeking compensation. 4. Heard Sri Nagaraja Hegde, learned counsel for the appellant/claimant, and Sri B.C. Seetharama Rao, learned counsel for respondent No.2/Insurance Company. 5. Learned counsel for the appellant/claimant has contended that the claimant suffered grievous injuries, such as posterior dislocation of right knee joint; fracture of both bones right leg (tibia and fibula); fracture of both bones of right hand (ulna and radius), and fracture of pelvic bones of both side. Due to injuries sustained by the claimant, the claimant had to undergo lots of pain, discomfort, medical and other incident - 4 - HC-KAR NC: 2025:KHC:34484-DB MFA No. 4231 of 2018 expenditures. However, the Tribunal has granted only a meager compensation under each head. Further, the claimant was working as a Carpenter and was earning Rs.18,000/- per month, but the Tribunal has considered the notional income at Rs.7,000/- per month. Hence, he prayed for enhancement of the compensation. 6. Per contra, the learned counsel for respondent No.2- Insurance Company, supports the impugned judgment and award of the Tribunal and submits that considering the oral and documentary evidence on record, the Tribunal awarded just and reasonable compensation under each head, which does not call for interference at the hands of this Court. Thus, he prayed for dismissal of the appeal. 7. Having heard the learned counsel for the parties and on perusal of the appeal papers including original records of the Tribunal, the following point would arise for our consideration in this appeal: Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement? - 5 - HC-KAR NC: 2025:KHC:34484-DB MFA No. 4231 of 2018 8. In the instant case, in order to prove the case of the claimant, the claimant examined himself as PW1 and Dr. Madhusoodan Nayak as PW2. PW2, in his evidence, has stated that he has clinically examined the claimant and considered the records of the KMC Hospital and issued the Disability Certificate assessing the functional disability at 48%. Hence, the Tribunal has rightly assessed the disability at 48%. Accident is of the year 2015. In the absence of any proof of income, taking note of the Circular issued by the Karnataka Legal Services Authority as well as the High Court Legal Services Committee, Bengaluru, we deem it appropriate to reassess the notional income of the claimant at Rs.9,000/- per month. The claimant was aged 26 years as on the date of accident. As per the decision of the Hon’ble Apex Court in the case of SMT. SARLA VERMA AND OTHERS v. DELHI TRANSPORT CORPORATION AND ANOTHER reported in (2009) 6 SCC 121, multiplier applicable to the age of the claimant is '17'. Thus, the compensation payable under the head of ‘loss of income due to disability/loss of future earnings' would be Rs.8,81,280/- (9,000 X 48% X 12 X 17). - 6 - HC-KAR NC: 2025:KHC:34484-DB MFA No. 4231 of 2018 9. The Tribunal has awarded a sum of Rs.21,000/- towards 'loss of income during laid-up period'. Since the income of the claimant is considered at Rs.9,000/- per month, we enhance to Rs.27,000 (9,000 x 3 months) under this head. 10. Further, the Tribunal awarded Rs.2,07,747/- towards 'hospital and medical bills', Rs.75,000/- towards 'pain and sufferings', Rs.75,000/- towards 'loss of amenities', Rs.30,000/- towards 'food and nourishment', and Rs.75,000/- towards 'future medical expenses, which are fair and reasonable. Hence, no interference is called under these heads. 11. Thus, the appellant/claimant is entitled for the following compensation: HEADS Rs. Loss of future earnings 8,81,280.00 Hospital and medical bills 2,07,747.00 Pain and sufferings 75,000.00 Loss of amenities 75,000.00 Loss of income during laid-up period 27,000.00 Food and nourishment 30,000.00 Future medical expense 75,000.00 TOTAL 13,71,027.00 Less: Compensation awarded by the Tribunal 11,69,187.00 ENHANCED COMPENSATION 2,01,840.00 - 7 - HC-KAR NC: 2025:KHC:34484-DB MFA No. 4231 of 2018 12. In the result, we pass the following: O R D E R i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The appellant/claimant is entitled for a total compensation of Rs.13,71,027/- as against Rs.11,69,187/- awarded by the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.2,01,840/- from the date of filing of the claim petition till the date of its realisation. iii. Respondent No.2-Insurance Company is directed to deposit the enhanced compensation amount together with interest within a period of six weeks' from the date of receipt of a copy of this judgment. iv. The amount in deposit, if any, shall be transmitted to the Tribunal forthwith. v. Draw a modified award accordingly. vi. No order as to costs. - 8 - HC-KAR NC: 2025:KHC:34484-DB MFA No. 4231 of 2018 Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 15