- 1 - NC: 2025:KHC-D:700 MFA No. 104578 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.104578 OF 2019 (MV-I) BETWEEN: SRI OMANNA BHARMA PATIL, AGE: 43 YEARS, OCC : MESON WORK (PRESENT NIL). R/O: SHIVAJI GALLI, SAVGAON, POST: MANDOLI, BELAGAVI, TQ. AND DIST: BELAGAVI, PIN-590 008. …APPELLANT (BY SRI HARISH S.MAIGUR, ADVOCATE) AND: 1. SRI SHIVA GOPI NAIK, AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.191, DHARJOWADA KUNDAI PONDA GOA PIN-403 115. 2. SRI PAVAN NARAYAN HEREKAR, AGE: MAJOR, OCC: BUSINESS, R/O: 3RD CROSS, VIJAY NAGAR, TQ. AND DIST: BELAGAVI, PIN: 591 222. 3. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., SITA SMRUTI, POST BOX NO.156, NO.1568, MARUTI GALLI, BELAGAVI-590 002. …RESPONDENTS (BY SRI C.V. ANGADI, ADVOCATE FOR R3; R1 AND R2-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, AGAINST THE IMPUGNED JUDGMENT AND AWARD DATED 14.06.2019 PASSED IN MVC NO.551/2016 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI KINDLY BE MODIFIED BY ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR IN THE APPEAL IN THE INTEREST OF JUSTICE AND ETC., Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:700 MFA No. 104578 of 2019 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, 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 14.06.2019, passed by the IX Addl. District and Sessions Judge and Addl. MACT, Belagavi, in MVC No.551/2016, 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 has sustained comminuted fracture of right-hand distal end radius and other injuries. The tribunal has awarded global - 3 - NC: 2025:KHC-D:700 MFA No. 104578 of 2019 compensation of Rs.40,000/- along with interest at 6% per annum 5. The tribunal has disbelieved the evidence of the Doctor on the reason that he is not a treated Doctor. The Doctor has stated that the claimant has suffered 30% of permanent physical disability towards right hand. The claimant is a Mason by profession. Though, PW-2 has stated some exaggerated percentage of disability, but it is a fact proved from the medical evidence on record that the claimant has suffered fracture of right hand. Therefore, it cannot be said that the claimant has not sustained any disability. Therefore, it is appropriate to consider that the claimant has sustained 8% of functional disability towards whole body considering that the claimant is a Mason by profession. Therefore, the judgement and award required to be modified by enhancing the quantum of compensation. 6. Considering the injuries sustained, a compensation of Rs.20,000/- is awarded towards pain and - 4 - NC: 2025:KHC-D:700 MFA No. 104578 of 2019 suffering. The compensation awarded towards medical expenses at Rs.10,000/-. Further, Rs.5,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.20,000/- towards loss of income during laid up period is awarded. The claimant is entitled for a sum of Rs.30,000/- towards loss of amenities. 7. The accident is caused in the year 2015. Therefore, notional income of Rs.8,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 40 years at the time of accident. Therefore, appropriate applicable multiplier is ‘15’. Hence, loss of future income due to disability is hereby reassessed and quantified as under: Rs.8,000 x 12 x 15 x 8% = Rs.1,15,200/- 8. Thus, the claimant is entitled for total compensation under various heads as under: - 5 - NC: 2025:KHC-D:700 MFA No. 104578 of 2019 Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. 20,000 2. Towards medical expenses. 10,000 3. Towards loss of amenities. 30,000 4. Towards loss of income during laid up period 20,000 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc. 5,000 6. Towards loss of future earning capacity. 1,15,200 Total: 2,00,200 9. Therefore, the claimant is entitled for total compensation of Rs.2,00,200/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.40,000/- awarded by the Tribunal. The Insurance Company is directed to deposit the enhanced compensation within eight weeks from the date of receipt of a certified copy of this judgment. 10. In the result, I proceed to pass the following: - 6 - NC: 2025:KHC-D:700 MFA No. 104578 of 2019 ORDER i) The appeal is allowed in part. ii) The judgment and award dated 14.06.2019, passed by the IX Addl. District and Sessions Judge and Addl. MACT, Belagavi, in MVC No.551/2016 stands modified. iii) The claimant is entitled for total compensation of Rs.2,00,200/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv) The insurance company shall deposit the enhanced amount within a period of eight weeks from the date of receipt of a copy of this judgment. v) Send back the trial Court records along with a copy of this judgment. - 7 - NC: 2025:KHC-D:700 MFA No. 104578 of 2019 vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 2 Sl No.: 27