- 1 - HC-KAR NC: 2025:KHC:37797 MFA No. 7955 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7955 OF 2017 (MV-I) BETWEEN: MR KIRAN KUMAR S/O LATE B L DASAPPA ACHARYA AGED ABOUT 30 YEARS, R/O DOOR NO.4-178, S.V.S.COLLEGE ROAD, BANTWAL TALUK, PRESENTLY RESIDING AT KIARAN NILAYA, JEPPU BAPPAL, MANGALURU TALUK …APPELLANT (BY SRI. GURUPRASAD B.R., ADVOCATE) AND: 1. IFFCO - TOKIO GENERAL INSURANCE CO LTD REGD.OFFICE IFFCO SADAN CI DIST. CENTER, SAKET, NEW DELHI-110 017 REPRESENTED BY ITS MANAGER 2. MR NIZAMUDDIN H S/O HASAN SAHEB, AGED 31 YEARS, R/AT NO.2-8, KALABAGILU EDTHUR, MOODUPADUKODI VILLAGE, BANTWAL TALUK …RESPONDENTS (BY SRI. E.I.SANMATHI, ADVOCATE FOR R-1; NOTICE TO R-2 IS DISPENSED WITH V/O DATED 06.04.2022) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37797 MFA No. 7955 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2017 PASSED IN MVC NO.904/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT, MANGALURU, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT The present appeal is filed by the injured claimant against the impugned judgment and award dated 30.01.2017 passed by the Motor Accident Claims Tribunal and II Additional Senior Civil Judge Mangaluru, Dakshina Kannada, in M.V.C.No.904/2014. 2. The plaint averments in brief are that, the injured claimant(appellant herein) met with an accident on 19.11.2013 at about 9:15 p.m., while he was proceeding in the Motorcycle bearing registration No.KA-20/K-8007 from the side of B.C. Road towards Belthangady, near Gajanana Service Station, Ganadapadpu of B. Mooda village of Bantwal Taluk, on account of the rash and - 3 - HC-KAR NC: 2025:KHC:37797 MFA No. 7955 of 2017 negligent driving by the driver of the Lorry bearing registration No.KA-19/AA-268. Due to the impact, he sustained grievous injuries. 3. On account of the grievous injuries sustained by him, the injured claimant filed a claim petition before the Tribunal, seeking compensation of a sum of `15,00,000/-. The Tribunal, after taking into consideration the oral and documentary evidence available on file, allowed the claim petition awarding compensation of a sum of `3,37,750/- with interest at the rate of 9% per annum from the date of petition till realization. 4. Being aggrieved by the said judgment and award passed by the Tribunal, the injured claimant has filed the present appeal, in which it is contended that the amount awarded under the heads pain and suffering, loss of income during laid up period, loss of future income, food and nourishment and future medical expenses, is meager and prayed for enhancement of compensation. It is also contended that the Tribunal has not awarded any - 4 - HC-KAR NC: 2025:KHC:37797 MFA No. 7955 of 2017 compensation towards loss of amenities and discomforts in life. Therefore, reasonable compensation may be awarded under the said head. 5. Heard the arguments from both sides. 6. To substantiate his case, the appellant examined himself as PW-1 and examined two more witnesses as PW-2 and PW-3 (Doctor) and got marked 16 documents from Exs.P-1 to P-16. On behalf of the Insurer, two witnesses were examined as RW-1 and RW-2 and three documents were got marked as Exs.R-1 to R-3. As per Ex.P-4 - Wound Certificate, the appellant sustained the following injuries: 1. Lacerated wound 3 cm x 0.5 cm x bone deep over left side of the head 6 cm above the ear. 2. Diffused swelling and tenderness over back of right wrist and hand with underlying fracture of trapezium and fracture of 5th metacarpal bone (X-ray of right hand); 3. Lacerated wound 2 cm x 0.5 cm x bone deep over inner aspect of right lower leg with diffused swelling and deformity over lower one third of right leg extending into the foot along with underlying fracture of shafts of tibia and fibula (X- ray of right leg) - 5 - HC-KAR NC: 2025:KHC:37797 MFA No. 7955 of 2017 4. Lacerated wound 5 cm x 1 cm x bone deep over back aspect of middle flinger of right hand with underlying fracture of middle phalanx and base of proximal phalanx (X-ray of right hand). 5. Diffused swelling tenderness and deformity over middle one third of right thigh with underlying fracture of shaft of femur (X-ray of right thigh) 6. Diffused swelling and tenderness around right knee with underlying comminuted fracture of lateral femoral condyle land un displaced fracture of lateral tibial condyle involving the articular surface (CT scan of right knee No.36952). 7. The Doctor (PW-3) who issued the Wound Certificate as Ex.P-4 has opined that the injury No.1 is simple in nature and injury Nos.2 to 6 are grievous in nature coupled with fracture. 8. Though it is stated that the appellant was aged about 27 years, but the Tribunal, based on the documentary evidence has re-assessed his age as 28 years. The same is accepted. It is stated that the appellant is running a Work shop by name 'Car Point" and working as a Mechanic in the said work shop and earning a sum of `3,000/- per week. He has produced a document - 6 - HC-KAR NC: 2025:KHC:37797 MFA No. 7955 of 2017 at Ex.P-7 as income proof and also another document (license) at Ex.P-16 to show that he is authorized to do the business. On account of the injuries and the disability sustained, he was hospitalized for a period of twenty days from 19.11.2013 to 09.12.2013. The Doctor (PW-3) has stated in his evidence that the appellant has sustained 33% disability as per the Disability Certificate at Ex.P-9. Immediately after the accident, the appellant was shifted to Somayaji Hospital, B.C. Road for first aid treatment and thereafter, for better reatment, he was shifted to AJ Hospital, Mangalore, where he was treated as an in- patient for a period of 20 days. The disability is assessed as per Ex.P-9. The Doctor (PW-3) is also a signatory to Ex.P-4 wound certificate. They assessed the permanent physical disability at 33% in respect of right lower limb. But, the Tribunal on the basis of the oral and documentary evidence has taken the disability at 3%. Having regard to the age and avocation and the fractures sustained, and the hospitalization period, this Court finds it reasonable to - 7 - HC-KAR NC: 2025:KHC:37797 MFA No. 7955 of 2017 re-assess the whole body disability at 11% (i.e. 1/3rd of 33%) as against 3% assessed by Tribunal. 9. As the appellant produced a document at Ex.P-7 in support of his weekly income of `3,000/-, the Tribunal assessed his income at `6,000/- per month. The same is on the lower side. Having regard to the year of occurrence of the accident, i.e. 2013, this Court finds it reasonable to assess his income at `10,000/- per month as per the guidelines of the Karnataka State Legal Services Authority. As on the date of accident, the appellant was aged 28 years and therefore the multiplier applicable is '17'. Thus, the loss of future income works out to `2,24,400/- (i.e. `10,000/-x12x'17'x11%) as against `36,720/- awarded by Tribunal. 10. This Court finds no reason to interfere with the compensation of `1,59,000/- awarded by Tribunal towards medical expenses and ````1,05,000/- awarded towards pain and sufferings. - 8 - HC-KAR NC: 2025:KHC:37797 MFA No. 7955 of 2017 11. So far as the compensation awarded towards conveyance, nourishing food and attendant charges is concerned, the same is on the lower side. Having regard to the nature of injuries sustained, surgeries undergone, period of hospitalization, etc., this Court finds it reasonable to enhance the compensation awarded under the said head from `10,000/- to `30,000/-. Further, the Tribunal has failed to award any compensation towards loss of amenities and discomforts in life. This Court finds it reasonable to award a sum of `25,000/-, towards loss of amenities. 12. So far as the compensation awarded towards loss of income during laid-up period is concerned, considering the nature of injuries and the disability sustained, the appellant might have not attended to his work at least for a period of six months. Accordingly, the loss of income during laid up period works out to `60,000/- (i.e. `10,000/- x 6 months) as against `12,000/- awarded by Tribunal. - 9 - HC-KAR NC: 2025:KHC:37797 MFA No. 7955 of 2017 13. Further, having regard to the surgeries undergone and the disability sustained by the appellant, this Court is of the opinion that the compensation awarded towards future medical expenses is to be enhanced to `50,000/- from `15,000/- awarded by Tribunal. 14. Thus, the appellant would be entitled to the modified compensation as under: Sl. No. Heads Compensation awarded by Tribunal (in `) Compensation awarded by this Court. (in `) 1 Pain and suffering 1,05,000-00 1,05,000-00 2 Medical expenses 1,59,000-00 1,59,000-00 3 Conveyance, nourishment and attendant charges 10,000-00 30,000-00 4 Loss of income during laid-up period 12,000-00 60,000-00 5 Loss of future earning capacity 36,720-00 2,24,400-00 6 Loss of amenities & enjoyment of life Nil 25,000-00 7 Future medical expenses 15,000-00 50,000-00 Total: 3,37,720-00 Rounded off to=3,37,750/- 6,53,400-00 15. Thus, the appellant would be entitled to compensation of ````6,53,400/- as against `3,37,750/- - 10 - HC-KAR NC: 2025:KHC:37797 MFA No. 7955 of 2017 awarded by Tribunal with interest at 6% per annum, on the enhanced compensation. 16. Accordingly, the appeal is partly allowed. The impugned judgment and award dated 30.01.2017 passed by the Motor Accident Claims Tribunal and II Additional Senior Civil Judge Mangaluru, Dakshina Kannada, in M.V.C.No.904/2014, is hereby modified, awarding compensation of ````6,53,400/- as against `3,37,750/- awarded by Tribunal with interest at 6% per annum, on the enhanced compensation. The first respondent - Insurance Company is directed to deposit the entire compensation with interest at 6% per annum, excluding interest for a period of 148 days in filing the appeal (as per order dated 06.04.2022 made on I.A.No.1/2017), from the date of petition till the date of realization, within one month from the date of order. On such deposit, the appellant is permitted to withdraw the entire amount. - 11 - HC-KAR NC: 2025:KHC:37797 MFA No. 7955 of 2017 Draw the modified award accordingly. Sd/- (P SREE SUDHA) JUDGE BMV* List No.: 1 Sl No.: 18