- 1 - HC-KAR NC: 2025:KHC:37870 MFA No. 783 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 783 OF 2023 (MV-I) BETWEEN: THE UNITED INDIA INSURANCE CO. LTD., SAGAR REP. BY ITS DIVISIONAL MANAGER THE UNITED INDIA INSURANCE CO. LTD., NO.1137/947, 2ND FLOOR RUB BUILDING, A.A.CIRCLE, B.H.ROAD SHIVAMOGGA -577 201 …APPELLANT (BY SRI. BENNI RAVISH CHANDRASHEKAR, ADVOCATE) AND: 1. SRI.VISHWANATHA S/O GOPALAPPA AGED ABOUT 25 YEARS, OCC:BARBER R/O KADEGADDE VILLAGE CHANDRAGUTTI HOBLI SORABA TALUK -577 429 2. GURAPPA S/O SEENAPPA AGED 52 YEARS, R/O RAGHVANDERA BADAVANE KANKENE, SORABATOWN SORABA -577 429 3. SRI ABOOBAKR S/O MAHAMMAD SAB AGED 56 YEARS, R/O HOSAPETE, HAKALU HALESORBA POST, KASBA HOBLI SORBA TALUK -577 429 …RESPONDENTS (BY SRI.ARUN K.S., ADVOCATE FOR R1 V/O/D 01/02/2023- NOTICE TO R2 & R3- DISPENSED WITH) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37870 MFA No. 783 of 2023 THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 07.10.2022 PASSED IN MVC NO.480/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT-XIII, SORABA, AWARDING COMPENSATION OF RS.10,38,558/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.480/2021 dated 07.10.2022 by the Senior Civil Judge and Additional MACT., XIII, Soraba, whereby the Tribunal had granted compensation of an amount of Rs.10,38,558/-, the Insurance Company is before this Court questioning the quantum of compensation. 2. The claim petition was filed seeking compensation of an amount of Rs.22,00,000/- for the injuries sustained by the claimant in the road traffic accident. The facts of the case are that on 01.06.2019 at about 4:50 p.m., the claimant was returning to his native place after completion of work at Soraba City on his motor bike and while he was near to Karadigere cross on Soraba - Siddapura road, the tractor being driven by its driver came in high speed in a rash and negligent manner - 3 - HC-KAR NC: 2025:KHC:37870 MFA No. 783 of 2023 and dashed to the motor bike of the claimant, due to which the claimant has fell down and sustained fracture injury to both legs and other parts of the body. 3. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of future earning capacity : Rs. 6,35,040/- 2. Medical expenditure : Rs. 2,03,518/- 3. Attendant expenses and other miscellaneous expenditure : Rs. 50,000/- 4. Pain and sufferings : Rs. 50,000/- 5. Loss of amenities : Rs. 50,000/- 6. Future medical expenses : Rs. 50,000/- TOTAL : Rs. 10,38,558/- 4. Learned counsel appearing for the appellant/Insurance Company submits that the claimant had sustained fracture injury to both legs and other parts of the body. The doctor had opined that the claimant had sustained permanent disability of 56% to right lower limb and the Tribunal had taken the disability at 30% and taken the income at Rs.14,000/- per - 4 - HC-KAR NC: 2025:KHC:37870 MFA No. 783 of 2023 month and granted 40% future prospects. Learned counsel submits that the doctor had not deposed the whole body disability and the fracture is to the femur and fibula and for the injuries to femur and fibula, the disability cannot be assessed at 56%. It is submitted that the percentage of disability is given on the higher side and generally 1/3rd of the limb disability is the whole body disability and the Tribunal without any basis had taken 30% as the disability. It is submitted that the amount needs to be reduced. 5. Learned counsel appearing for the claimant submits that the doctor had placed the disability certificate before the Tribunal and the Tribunal had rightly taken the disability and there are no grounds to interfere. It is submitted that in fact the claimant has not filed any appeal and under the head of loss of income during the laid up period, no amount was granted by the Tribunal. It is submitted that the amount that is awarded by the Tribunal is reasonable on other counts and no interference is called for. 6. Having heard the learned counsels on either side, perused the entire material on record. This Court has perused - 5 - HC-KAR NC: 2025:KHC:37870 MFA No. 783 of 2023 the order and the material available on record. As rightly argued by the learned counsel for the Insurance Company, the Tribunal had taken the disability on the higher side and the evidence of the doctor on the percentage of disability is on the higher side. Considering the fact that the claimant had sustained injury to the fibula and femur, this Court is inclined to take 15% as the disability. Though there is no appeal filed by the claimant, as this Court is interfering with the compensation that is awarded by the Tribunal, wherever the compensation that is not awarded, this Court is inclined to increase the said amount. In these facts and circumstances of the case, considering the two fracture injuries, under the head of pain and suffering, this Court is granting an amount of Rs.60,000/-. Towards the attendant expenses and other miscellaneous expenses, as he was in hospital for 6 months, this Court is granting an amount of Rs.60,000/-. Towards medical expenses, the Tribunal had rightly granted an amount of Rs.2,03,518/- and no interference is called for. The Tribunal had granted an amount of Rs.50,000/- towards loss of amenities and this Court is reducing the same to Rs.30,000/- as the disability is taken at 15%. Towards loss - 6 - HC-KAR NC: 2025:KHC:37870 MFA No. 783 of 2023 of future earning capacity, this Court is granting an amount of Rs.4,53,600/- (Rs.14,000x12x18x15/100). Towards loss of income during the laid up period, for six months, this Court is granting an amount of Rs.84,000/- (Rs.14,000x6). The Tribunal had granted an amount of Rs.50,000/- towards future medical expenses and this Court is reducing the same to an amount of Rs.30,000/-. 7. The claimant is entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of future earning capacity : Rs. 6,35,040/- 4,53,600/- 2. Medical expenditure : Rs. 2,03,518/- 2,03,518/- 3. Attendant expenses and other miscellaneous expenditure : Rs. 50,000/- 60,000/- 4. Pain and sufferings : Rs. 50,000/- 60,000/- 5. Loss of income during the laid up period : Rs. 00/- 84,000/- 6. Loss of amenities : Rs. 50,000/- 30,000/- 7. Future medical expenses : Rs. 50,000/- 30,000/- - 7 - HC-KAR NC: 2025:KHC:37870 MFA No. 783 of 2023 TOTAL : Rs. 10,38,558/- 9,21,118/- Reduction : Rs. 1,17,440/- 8. Accordingly, the appeal filed by the Insurance Company is partly allowed, by reducing the compensation from an amount of Rs.10,38,558/- to Rs.9,21,118/-. i. The amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The amount in deposit shall be forthwith transmitted to the Tribunal. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. The appellant - Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. v. If any excess amount is deposited, the Insurance Company is at liberty to withdraw the same. vi. No costs. - 8 - HC-KAR NC: 2025:KHC:37870 MFA No. 783 of 2023 vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 27