- 1 - HC-KAR NC: 2025:KHC:27382 MFA No. 3756 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 3756 OF 2020 (MV-I) BETWEEN: SRI. RIZWAN AGED ABOUT 25 YEARS, S/O ABDUL RAHIMAN R/O BEACH ROAD, KODI, KASABA VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT - 576 101 …APPELLANT (BY SRI. S.ARUNACHALAM, ADVOCATE FOR SRI. K PRASANNA SHETTY, ADVOCATE) AND: 1. MR. ABHUBAKAR AGED ABOUT 30 YEARS, S/O IBRAHIM R/AT UDAYANAGARA, GULVADI VILLAGE, KUNDAPURA TALUK. 2. LIBERTY VIDEOCON GENERAL INS. CO. LTD., BY ITS BRANCH MANAGER, BRANCE OFFICE, SHOP NO.207, 2ND FLOOR, INLAND AVENUE, M.G.ROAD, KODIYALBAILU MANGALORE D.K.DISTRICT - 575 001 …RESPONDENTS (BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE FOR SRI. B.PRADEEP, ADVOCATE FOR R2) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27382 MFA No. 3756 of 2020 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO a) MODIFY THE JUDGMENT AND AWARD DATED 20.07.2019 PASSED IN MVC NO.503/2018 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA) KUNDAPURA BY ENHANCING THE COMPENSATION AWARDED BY THE TRIBUNAL; b) GRANT SUCH OTHER RELIEF OR RELIEF’S AS THIS HON’BLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT This appeal is filed by the appellant/claimant seeking enhancement of the compensation awarded in MVC.No.503/2018, dated 20.07.2019, passed by the Motor Accident Claims Tribunal, Udupi (sitting at Kundapura), Kundapura (for short ‘Tribunal’). 2. The date of accident, involvement of vehicle, injuries suffered and the liability fastened on the insurance company is not disputed; the only challenge is regarding the quantum of compensation awarded by the Tribunal. - 3 - HC-KAR NC: 2025:KHC:27382 MFA No. 3756 of 2020 3. Heard Sri.S.Arunachalam, learned counsel appearing for Sri.K.Prasanna Shetty learned counsel for the appellant and Sri.B.C.Shivannegowda learned counsel appearing for Sri.B.Pardeep, learned counsel for respondent No.2. 4. Sri.Arunachalam taking this Court through the judgment passed by the Tribunal vehemently submitted that the appellant has sustained multiple grievous injuries such as (i) swollen left foot – lacerated wound – extensor tendor injury 2-3-4th toes were torn, (ii) Open fracture of 2/3/4th metatarsal left foot – and the wound is contaminated. The appellant was working as a coolie and in view of the injuries suffered, he is unable to do his routine work and also his avocation. The treated Doctor was examined as PW-2, has stated about the condition of the appellant and assessed the disability at 12% to the particular limb. The year of date of accident was 2017 and that the income taken by the Tribunal at Rs.9,000/- which - 4 - HC-KAR NC: 2025:KHC:27382 MFA No. 3756 of 2020 is on the lower side and seeks for enhancement of compensation. 5. Refuting the submission of the learned counsel for the appellant, Sri.B.C.Shivannegowda appearing for the respondent submitted that the Tribunal has awarded appropriate compensation under all the heads including conventional heads. He has submitted that the appellant was inpatient for a period 7 days; however, there is nothing on record to show that he underwent surgery. In view of the same, he has submitted that the impugned judgment and award does not require interference by this Court and sought to dismiss the appeal. 6. Having heard the learned counsel for the parties, I have gone through the impugned judgment and award, appeal papers and record placed before the Court. The only question that would arise for consideration is: - 5 - HC-KAR NC: 2025:KHC:27382 MFA No. 3756 of 2020 “Whether the quantum of compensation awarded by the Tribunal is justified, in the facts and circumstances of the case on hand?” 7. My answer to the above point for consideration is ‘partly in affirmatively’ for the following reasons: As seen from the records, the appellant has suffered grievous injuries, taking into consideration the avocation of the appellant i.e., Coolie, which requires constant physical activities like standing while performing his work, the compensation awarded by the Tribunal, except medical expenses requires reconsideration. 8. The Tribunal has taken the income of the appellant at Rs.9,000/- p.m. Admittedly, the accident has occurred in the year 2017 and as per the chart prepared by the Karnataka State Legal Services Authority (for short ‘KSLSA’), the notional income fixed is at Rs.11,000/- per month. The injured was aged 23 years at the time of the accident and the appropriate multiplier as per the - 6 - HC-KAR NC: 2025:KHC:27382 MFA No. 3756 of 2020 judgment of the Hon’ble Apex Court in the case of SARLA VERMA AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANOTHER1 is ‘18’. Having regard to the disability suffered and as assessed by the treated Doctor, PW-2, disability is taken at 6% to the whole-body; which would meet the ends of justice. In view of the income stated supra and on redetermination ‘loss of future income’ works out to Rs.1,42,560/- (Rs.11,000/- x 12 x 18 x 6%). Accordingly, the same is awarded. 9. The injuries suffered by the appellant are grievous in nature and hence a sum of Rs.50,000/- is awarded under the head ‘pain and sufferings’, which is just and proper. 10. Towards ‘Medical Expenses’, as per Exhibits- P10, P11 and P12, the appellant-claimant has incurred a 1 2009 ACJ 1298 - 7 - HC-KAR NC: 2025:KHC:27382 MFA No. 3756 of 2020 sum of Rs.39,766/-, and the same is rounded off to Rs.39,800/-, and awarded under the said head. 11. Admittedly, the appellant-claimant was an inpatient for 7 days, as per the evidence before the Tribunal, which is not seriously disputed by the respondent. Therefore, a sum of Rs.15,000/- is awarded towards ‘attendant charges, extra-nourishment, food and conveyance expenses’. 12. 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. 13. In view of the peculiar facts that the appellant/ claimant has suffered extensor tendor injury 2-3-4th toes were torn and open fracture of 2/3/4th metatarsal left foot, which would require further treatment, a sum of Rs.15,000/- is awarded towards ‘future medical expenses’. - 8 - HC-KAR NC: 2025:KHC:27382 MFA No. 3756 of 2020 14. The appellant was an inpatient for 7 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.11,000/- per month and calculating the laid up period for 3 months, the claimant is entitled for a sum of Rs.33,000/- (Rs.11,000 x 3 months), under the head ‘Loss Of Earning During Laid Up Period’. 15. In summary, the total compensation re- determined by this Court under various heads is as follows: 1. Loss of future income : Rs. 1,42,560/- 2. Pain and Sufferings : Rs. 50,000/- 3. Medical Expenses : Rs. 39,800/- 4. Attendant charges, extra- nourishment, food and conveyance expenses : Rs. 15,000/- 5. Loss of Amenities : Rs. 30,000/- 6. Loss of income during laid up period : Rs. 33,000/- 7. Future Medical Expenses : Rs. 15,000/- TOTAL : Rs. 3,25,360/- - 9 - HC-KAR NC: 2025:KHC:27382 MFA No. 3756 of 2020 16. The total compensation re-determined by this Court works out to Rs.3,25,360/- as against Rs.2,89,200/- awarded by the Tribunal. Hence, the appellant–claimant is entitled for an additional compensation of Rs.36,160/- (Rs.3,25,360 – Rs.2,89,200) 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. Respondent No.2 - Insurance Company is directed to deposit the amount of total compensation within Six Weeks from the date of receipt of the certified copy of this judgment. 17. 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 MVC.No.503/2018, dated 20.07.2019, is modified; - 10 - HC-KAR NC: 2025:KHC:27382 MFA No. 3756 of 2020 iii) The appellant–claimant is entitled for an additional compensation of Rs.36,160/- (Rs.3,25,360 – Rs.2,89,200) along with interest at 6% per annum from the date of filing of the petition till realization. iv) The enhanced compensation amount shall be deposited by the respondent No.2 - Insurance Company, before the concerned Tribunal, within Six weeks from the date of receipt of a copy of this order. Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 10