- 1 - NC: 2025:KHC-D:1173 MFA No. 105478 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 105478 OF 2023 (MV-I) BETWEEN: MALLIKARJUN S/O. PARASAPPA RAMANKATTI AGE. 32 YEARS, OCC. DRIVER R/O. HUTARAMANKATTI, TQ. BELAGAVI, DIST. BELAGAVI NOW AT GANDHINAGAR, DHARWAD. …APPELLANT (BY SRI AMAREGOUDA M, ADVOCATE.) AND: 1. ABOOBAKKER SIDDIQ S/O. B. HUSSAIN AGE. 43 YEARS, OCC. BUSINESS, R/O. 3-159/A SHAN BHAG ASRAR NAGAR, KAIKAMBA, KINNIKAMBALA POST. MANGALURU-574144. 2. THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO. LTD., NEAR SOMESHWAR HEIGHTS OPP. K.C.PARK, DHARWAD-580001. …RESPONDENTS (BY SRI G.N.RAICHUR, ADVOCATE FOR R2; R1 – SERVICE OF NOTICE IS DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 20.10.2022, PASSED IN MVC NO.119/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT, DHARWAD, BY ENHANCING THE COMPENSATION AS CLAIMED IN THE ABOVE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1173 MFA No. 105478 of 2023 THIS 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/appellant challenging the judgment and award dated 20.10.2022, passed by the Principal Senior Civil Judge and MACT, Dharwad, in MVC No.119/2020, 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 had suffered the following injuries. “Head injury, abdominal injury, (R) proximal medial and lateral condyle minimally displaced, fracture of tibia of knee joint - 3 - NC: 2025:KHC-D:1173 MFA No. 105478 of 2023 fracture, comminuted (R) iliac bone fracture, fracture of left superior and inferior pubic remi.” 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain, agony, shock and suffering. 50,000 2. Loss of income during laid up period. 40,000 3. Attendant charges, extra diet, etc., 25,000 4. Loss of amenities. 25,000 5. Towards disability. 2,97,500 6. Towards medical expenditure. 2,53,500 Total: 6,91,000 6. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side under some of the heads. Therefore, the same is required to be enhanced by modifying the judgment and award passed by the tribunal. 7. Considering the injuries sustained, compensation of Rs.60,000/- towards pain and suffering and Rs.35,000/- towards loss of amenities, is awarded. - 4 - NC: 2025:KHC-D:1173 MFA No. 105478 of 2023 Further, the compensation awarded by the tribunal towards medical expenses and hospital charges of Rs.2,53,500/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.25,000/- awarded by the tribunal towards incidental expenses like food, nourishment, travelling, attendant charges, etc., and Rs.40,000/- awarded by the tribunal towards loss of income during laid up period are just and proper, hence the same are kept intact. 8. The doctor has stated that the claimant had suffered 33% of physical disability towards particular limb. Therefore, considering the evidence of the doctor, 15% functional disability is taken into consideration towards whole body. 9. The accident occurred on 06.10.2019. Therefore, notional income of Rs.13,250/- per month is taken into consideration for the year 2019, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 29 years at the time of - 5 - NC: 2025:KHC-D:1173 MFA No. 105478 of 2023 accident. Therefore appropriate applicable multiplier is 17. Hence, loss of future income due to disability is hereby reassessed and quantified at Rs.4,05,450/- (Rs.13,250 x 15% x 12 x 17). 10. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. 60,000 2. Towards medical expenses. 2,53,500 3. Towards loss of amenities. 35,000 4. Towards loss of income during laid up period and medical treatment period. 40,000 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 25,000 6. Towards loss of future earning capacity. 4,05,450 Total: 8,18,950 11. Therefore, the claimant is entitled for total compensation of Rs.8,18,950/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.6,91,000/- awarded by the - 6 - NC: 2025:KHC-D:1173 MFA No. 105478 of 2023 Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 12. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 20.10.2022, passed by the Principal Senior Civil Judge and MACT, Dharwad, in MVC No.119/2020, is modified. iii) The claimant is entitled for total compensation of Rs.8,18,950/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against Rs.6,91,000/- awarded by the tribunal. - 7 - NC: 2025:KHC-D:1173 MFA No. 105478 of 2023 iv) The claimant is not entitled for interest for the delayed period of 263 days in filing the appeal. v) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. vi) Send a copy of this judgment and award to the trial Court. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT-CMU LIST NO.: 2 SL NO.: 14