- 1 - HC-KAR NC: 2025:KHC:41006 MFA No. 1076 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 1076 OF 2023 (MV-I) BETWEEN: 1. SRI RAMESHA M.B. S/O. BHOJA PUJARI, AGED 44 YEARS, RICE MILL DRIVER, RESIDENT OF BHARATHI STREET, SRINGERI NOW RESIDING AT C/O M.R. AJITH KUMAR, MOODUBAGILU OPP. SCHOOL, BALEMOODUBAGILU POST, NEAR B.H. KAIMARA, N.R. PURA TALUK, CHICKMAGALUR DISTRICT - 577 134 …APPELLANT (BY SRI. RAJARAMA S., ADVOCATE) AND: 1. SRI. BHASKARA S/O. KRISHNAIAH, AGED ABOUT 77 YEARS, RETIRED EMPLOYEE OF P AND T DEPT, RESIDENT OF MENASE VILLAGE SRINGERI TALUK - 577 139 2. IFFCO TOKIO GENERAL INSURANCE CO LTD SHASHIKIRAN BLDG. 1ST FLOOR, SHANKARA MUTT ROAD, Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41006 MFA No. 1076 of 2023 SHIVAMOGGA - 577 201 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2 R1 SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 11.07.2022 PASSED IN MVC NO.362/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, N.R.PURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant being aggrieved by the judgment and award dated 11th July 2022, passed by the Senior Civil Judge and JMFC, N.R.Pura, (for short `Tribunal'), in MVC No.362/2019, seeking enhancement of compensation. Though this appeal is slated for admission, with the consent of both the sides, it is taken up for final disposal. - 3 - HC-KAR NC: 2025:KHC:41006 MFA No. 1076 of 2023 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3. The Brief facts of the case are that, on 27.03.2019, the petitioner met with an accident on Sringeri Jayapura Main Road, at about 02.45 p.m., due to rash and negligent driving of a car bearing registration No.KA-04/MD-8134; as a result, he sustained grievous injuries. Due to injuries sustained in the accident, he has suffered permanent disability. With this reason, he prayed to award compensation of Rs.20,60,000/-. 4. Respondent No.1 is the owner and respondent No.2 is insurer of the offending vehicle. Respondent Nos.1 and 2 have filed written statements denying the petition averments and respondent No.2 denied its liability to pay the compensation. With these reasons, prayed to dismiss the claim petition. 5. From the rival contentions of the parties, the Tribunal framed necessary issues. 6. The claimant to prove his case examined two witnesses as PW-1 and CW-1 and marked documents, as Exs.P- - 4 - HC-KAR NC: 2025:KHC:41006 MFA No. 1076 of 2023 1 to P-53 and Exs.C-1 to C-4. Respondents have not led any oral and documentary evidence. 7. The Tribunal after hearing both the parties, held that the accident occurred due to rash and negligent driving of the car by its driver. The Tribunal has assessed notional income of the claimant as Rs.11,000/- per month, assessed the disability at 18% to the whole body, applied the multiplier as `14' and awarded following amount of compensation: Particulars Amount in Rs. Pain and sufferings 80,000/- Medical expenses 1,93,990/- Food, nourishment, conveyance and attendant and other incidental charges etc., 6,000/- Loss of income during laid up period 33,000/- Loss of future income 3,32,640/- Loss of amenities of life 40,000/- Future medical expenses 20,000/- Conveyance 26,000/- Total 7,31,630/- - 5 - HC-KAR NC: 2025:KHC:41006 MFA No. 1076 of 2023 8. Heard the arguments of learned counsel for both the sides. 9. The main grievance of the appellant is that the Tribunal has taken notional income as Rs.11,000/- p.m. The claimant pleaded that he was earning Rs.20,000/- per month by working as a driver. He further contended that the amount of compensation awarded under other heads is also on the lower side. Therefore, prayed to enhance the compensation. 10. Learned counsel for respondent No.2 supported the impugned judgment and prayed to dismiss the appeal. 11. I perused the materials placed on record. Looking to the nature of injuries, treatment taken and other materials on record, the Tribunal has assessed a just and reasonable amount of compensation under other heads, except under the heads of 'loss of income during laid-up period' and 'loss of future earning capacity due to permanent disability'. 12. Though the claimant contended that he was earning Rs.20,000/- per month, but there are no materials to substantiate the same. Therefore, the Tribunal has assessed his - 6 - HC-KAR NC: 2025:KHC:41006 MFA No. 1076 of 2023 income at Rs.11,000/- p.m., which is on the lower side. Following the chart prepared by the Karnataka State Legal Services Authority, income of the claimant is taken as Rs.14,000/- per month. Undisputedly, age of the claimant was 44 years and the multiplier applicable is '14'. The doctor has assessed the disability and considering the same, the Tribunal has rightly assessed the disability at 18% to the whole body. On the basis of the said figures, the claimant is entitled to compensation under the head 'loss of future earning capacity due to permanent disability'. 13. The Tribunal has accepted that the claimant was working as a driver. While assessing the compensation under the head 'loss of income during laid-up period, it has taken only 3 months as a laid up period. The claimant had sustained injuries as stated in the impugned judgment, including amputation of the right foot as well as fractures of both the bones of right leg and other injuries. About four to five months time might be required to the petitioner to recover and attend to his duties and during that period he has lost his earnings. As the income of the claimant is taken as Rs.14,000/- per month, - 7 - HC-KAR NC: 2025:KHC:41006 MFA No. 1076 of 2023 on that basis, loss of income during laid up period shall be calculated. 14. The claimant is entitled to following amount of compensation under the said heads: Particulars Amount in Rs. Pain and sufferings 80,000/- Medical expenses 1,93,990/- Food, nourishment, conveyance and attendant and other incidental charges etc., 6,000/- Loss of income during laid up period (14,000/- x 5) 70,000/- Loss of future earning capacity due to disability (Rs.14,000/- x 12 x 14x 18%) 4,23,360/- Loss of amenities of life 40,000/- Future medical expenses 20,000/- Conveyance 26,000/- Total 8,59,350/- Amount awarded by the Tribunal Enhancement- Rounded off- 7,31,630/- 1,27,720/- 1,28,000/- - 8 - HC-KAR NC: 2025:KHC:41006 MFA No. 1076 of 2023 15. The claimant is also entitled to interest on the enhanced amount of compensation at the rate of 6% p.a. from the date of petition till its realization. 16. Undisputedly, respondents are owner and insurer of the offending vehicle. Therefore, they are jointly and severally liable to pay the compensation. 17. In the result, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 11th July 2022, passed in MVC.No.362/2019, by the Senior Civil Judge and JMFC, N.R.Pura, stands modified. iii) The claimant is entitled to enhanced compensation of Rs.1,28,000/-, with interest at the rate of 6% p.a. on the enhanced amount, from the date of petition till its realization. iv) The respondent No.2 - Insurance Company shall deposit the amount within a period of six weeks from the date of award. v) The enhancement of compensation is marginal, therefore, entire amount is ordered to be released in favour of claimant on due identification. - 9 - HC-KAR NC: 2025:KHC:41006 MFA No. 1076 of 2023 vi) Draw award accordingly. Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- AMA CT-SG List No.: 1 Sl No.: 33 (UMESH M ADIGA) JUDGE