- 1 - HC-KAR NC: 2025:KHC:27984 MFA No. 720 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 720 OF 2020 (MV-I) BETWEEN: SRI RAVI S/O RAMAIAH, AGED ABOUT 29 YEARS, R/AT SASALAPURA KOPPALU VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT. PRESENT ADDRESS: (ULIVALA), ULIVALA VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT …APPELLANT (BY SRI. AKASH, ADVOCATE FOR SRI. RAJARAMA S, ADVOCATE) AND: 1. SRI YOGESH H K S/O KALASHETTY, MAJOR R/AT AJJUR VILLAGE, DODDAMAGGE HOBLI, ARAKALAGUDU TALUK, HASSAN DISTRICT. 2. THE MANAGER UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD., Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27984 MFA No. 720 of 2020 UNIT NO.401, 4TH FLOOR, SANGRAM COMPLEX, 127, ANDERI, KULLA ROAD, ANDERI EAST MUMBAI, REP BY THE MANAGER UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD., …RESPONDENTS (BY SRI. D.VIJAYA KUMAR, ADVOCATE FOR R2; VIDE ORDER DATED 27.08.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 28.02.2019 PASSED IN MVC NO.513/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, HOLENARASIPURA COURT, HASSAN DISTRICT, BY ENHANCING THE COMPENSATION AS CLAIMED IN THE AFORESAID MVC CASE AND GRANT SUCH OTHER ORDER OR DIRECTION AS THIS HON’BLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT This appeal is by the appellant / claimant seeking for enhancement of compensation arising out of judgment and award dated 28.02.2019, in MVC No.513/2016, passed by the Senior Civil Judge and MACT, Holenarasipura Court, Hassan District (for short ‘Tribunal’). - 3 - HC-KAR NC: 2025:KHC:27984 MFA No. 720 of 2020 2. The date of accident, involvement of the vehicle, injury sustained and the liability to pay compensation are not in dispute. The only point which requires to be considered is the quantum of compensation i.e., whether the appellant is entitled for enhancement of compensation. 3. Heard Sri.Akash, learned counsel appearing for the appellant and Sri.D.Vijaykumar, learned counsel appearing for the respondent – Insurance Company. 4. As per the records the appellant has sustained following injuries: a. Fracture of femur – Left. b. Tenderness chest c. Tenderness TL spine 5. The appellant was treated in the hospital for a period of 22 days, he underwent a surgery for insertion of an implant. PW-2 - Doctor, on reviewing the medical - 4 - HC-KAR NC: 2025:KHC:27984 MFA No. 720 of 2020 records, issued Disability Certificate, wherein the Doctor has stated that the appellant's left hip and knee movements are painful and restricted and he is unable to lift weight, walk properly, or walk long distances. Additionally, he cannot squat and the X-ray shows malunited fracture. The Doctor further noted that the appellant requires another surgery for removal of the implant, which is estimated to cost Rs.20,000/- in future. 6. After considering the entire material on record, the Tribunal awarded a total compensation of Rs.2,25,820/- under various heads. 7. After hearing learned counsel for both parties and considering the nature of the injuries, duration of inpatient treatment and expenses incurred, this Court finds that the appellant has made out a case for redetermination of compensation. The Tribunal failed to properly assess these factors while awarding compensation under specific heads. - 5 - HC-KAR NC: 2025:KHC:27984 MFA No. 720 of 2020 8. The Tribunal has assessed the income of the appellant/claimant at Rs.6,000/- per month, however, as per the income fixed under the chart prepared by the Karnataka Legal Services Authority (for short ‘KSLSA’), for the year 2015, is Rs.9,000/- per month. The claimant was aged 25 years as on the date of the accident and the appropriate multiplier applicable is ‘18’. The disability assessed by PW-2 – Doctor is retained. Therefore, the compensation under the head ‘Loss Of Future Income’ is recalculated and quantified as follows: Rs.9,000/- x 12 x 18 x 10% = Rs.1,94,400/- 9. In view of the injuries suffered by the appellant, which are grievous in nature, a sum of Rs.50,000/- is awarded under the head 'Pain and sufferings', instead of Rs.40,000/- as awarded by the Tribunal. - 6 - HC-KAR NC: 2025:KHC:27984 MFA No. 720 of 2020 10. The Tribunal has awarded a sum of Rs.25,420/- towards 'Medical Expenses', which is just and proper and does not call for interference. 11. Towards ‘Conveyance, Diet And Attendants Charges’ a sum Rs.20,000/- is awarded by the Tribunal, also is just and proper and the same is retained. 12. The appellant was an inpatient for 22 days in view of the accidental injuries, he would have taken rest atleast for a period of 3 months. Therefore, taking the income at Rs.9,000/- per month and calculating the laid up period for 3 months, the claimant is entitled for a sum of Rs.27,000/- (Rs.9,000 X 3 months), under the head 'Loss Of Income During Laid Up Period'. 13. The Tribunal has not awarded compensation under the head 'loss of amenities', hence a sum of Rs.30,000/- is awarded under the said head. - 7 - HC-KAR NC: 2025:KHC:27984 MFA No. 720 of 2020 14. In summary, the total compensation re- determined by this Court under various heads in as follows: 1. Towards Pain and Sufferings : Rs. 50,000/- 2. Towards Medical Expenses : Rs. 25,420/- 3. Towards conveyance, diet and attendants charges : Rs. 20,000/- 4. Towards income during laid up period (Rs.9,000 X 3 = Rs.27,000) : Rs. 27,000/- 5. Towards loss of amenities : Rs. 30,000/- 6. Towards loss of income due to disability (Rs.9,000X12X17X10%=Rs.1,83,600) : Rs. 1,94,400/- TOTAL : Rs. 3,46,820/- 15. In all the appellant is entitled for a compensation of Rs.3,46,820/- along with 6% per annum from the date of petition till realization as against the compensation of Rs.2,25,820/- awarded by the Tribunal. Hence, the appellant – claimant is entitled for an additional compensation of Rs.1,21,000/- (Rs.3,46,820 – 2,25,820) along with interest at 6% per annum from - 8 - HC-KAR NC: 2025:KHC:27984 MFA No. 720 of 2020 the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal. 16. For the foregoing reasons, this Court proceeds to pass the following: ORDER i) The appeal is Allowed-In-Part; ii) The judgment and award passed by the Tribunal in award dated 28.02.2019, in MVC.No. 513/2016, passed by the Senior Civil Judge and MACT, Holenarasipura Court, Hassan District is modified; iii) The appellant – claimant is entitled for an additional compensation of Rs.1,21,000/- (Rs.3,46,820 – 2,25,820) along with interest at 6% per annum from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal; iv) The respondent - Insurance Company shall deposit the enhanced compensation along with interest at the rate of 6% per annum from the date of petition till realization, except for the - 9 - HC-KAR NC: 2025:KHC:27984 MFA No. 720 of 2020 period of 168 days delay in filing appeal within six weeks from the date of receipt of copy of this order. v) Upon deposit, the entire enhanced compensation with accrued interest be released in favour of appellant on proper identification. vi) In the facts and circumstances of the case, no order as to cost. Sd/- (T.M.NADAF) JUDGE TIN List No.: 1 Sl No.: 2