- 1 - HC-KAR NC: 2025:KHC:29349 MFA No. 2642 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 2642 OF 2020 (MV) BETWEEN: SRI. LOKESHA N S/O NANJAPPA NAYAKA AGED ABOUT 45 YEARS R/AT TUMBASOGE VILLAGE KASABA HOBLI H.D.KOTE TALUK MYSURU DISTRICT-571 114 …APPELLANT (BY SRI. SHIVANAND, ADVOCATE FOR SRI. P. NATARAJU, ADVOCATE) AND: SRI. DEVARAJU H.S S/O SANNAPPA V.C AGED ABOUT 58 YEARS R/AT HOSURU KODAGU COLONY HUNSUR TALUK MYSURU DISTRICT-571 14 …RESPONDENT (RESPONDENT SERVED BUT UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.09.2019 PASSED IN MVC NO.1533/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., M.A.C.T., H.D.KOTE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29349 MFA No. 2642 of 2020 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT On 26.04.2020 respondent was served but, remained absent. 2. The appellant-claimant in MVC No.1533/2018 before this Court challenging the judgment and award dated 06.09.2019 seeking enhancement of compensation. It is the case of the petitioner that, on 12.09.2017 at about 11.30 p.m. when he was moving on his Motor Cycle bearing Regn.No.KA-45/W-4774 near N.Beguru, Hand Post Road, a rider of Yamaha Libero Motor Cycle baring No.KA-09-EC-4438 by riding his vehicle in high speed dashed to the Motor Cycle of the petitioner and caused accident. Because of this impact, he sustained grievous injuries to his right leg, foot, and fingers. Lacerated wound in middle and anterior aspect of the tibia exposed, compound comminuted fracture of both bones of right - 3 - HC-KAR NC: 2025:KHC:29349 MFA No. 2642 of 2020 leg, digloving, crush injury of 5th toe with fracture of 5th metataracal and phalanges exposed. Immediately after the accident, he was shifted to Vivekananda Memorial Hospital, Sarguru and for higher treatment he was admitted in JSS Hospital as an in-patient. He underwent surgery. He has suffered lot because of the injuries sustained by him. 3. It is stated that, prior to the accident, he was working as a Collection Manager in Sahara Agri Genetic Ltd, so also he was doing agriculture. These injuries so sustained by him have caused him permanent disability and due to this disability, his future is affected. He has spent substantial money towards medical expenses. It is alleged that, respondents is liable to pay the compensation. 4. Before the Tribunal, the petition was got dismissed against respondent no.1. Respondent no.2 - 4 - HC-KAR NC: 2025:KHC:29349 MFA No. 2642 of 2020 though appeared, has not contested the petition by filing the objections. 5. To prove the case of the petitioner, he himself entered the witness box as PW1 and has also examined Dr. Kiran Kalaiah and got marked Exhibits P1 to P175 and closed the petitioner’s evidence. Respondent has not lead any evidence. 6. The learned Tribunal, on hearing the arguments and on evaluating the evidence, came to the conclusion that, the said accident has taken place because of the rash and negligent driving of the Yamaha vehicle by its rider and held that, the petitioner is entitled for compensation as under: Sl. No Heads Amount in Rs. 1. Pain, shock & sufferings 15,000-00 2. Loss of amenities 20,000-00 3. Loss of Income during Laid-up period 12,000-00 4. Attendant charges, diet, conveyance 16,000-00 5. Medicines and medical expenses 46,433-00 6. Loss of future income 1,51,200-00 TOTAL 2,60,633-00 - 5 - HC-KAR NC: 2025:KHC:29349 MFA No. 2642 of 2020 7. Now the claimant is seeking enhancement of compensation by preferring this appeal. 8. The learned counsel for the appellant petitioner Sri. Shivananda submits that, compensation awarded by the Tribunal is very much meagre and on lower side. As the petitioner has sustained multiple injuries, like fractures and degloving injuries, the Tribunal has committed error in awarding compensation of Rs.15,000 towards Pain and Suffering is on the lower side. Because of these injuries, the petitioner has suffered lot and with all frustrations, he has to survive and there is loss of amenities. So also, he submits that, the petitioner took treatment as in-patient for a period of 30 to 38 days. During this period, he has lost his income. He further submits that, during his hospital period, he has spent sufficient money towards attendant charges, diet, conveyance so also medical expenses. PW.2 doctor has stated that, all the disabilities suffered by him are permanent in nature. Therefore, according to his - 6 - HC-KAR NC: 2025:KHC:29349 MFA No. 2642 of 2020 submission, whatever the compensation awarded by the Tribunal is on lower side. He prays to enhance the compensation. 9. Respondent though served with notice, now, in view of submission made by the appellant, whether the petitioner is entitled for enhanced compensation or otherwise, is the question which has to be decided in this appeal. 10. So far as accident is concerned, the claimant petitioner has produced the certified copies of the FIR Statement, wound certificate and final report. These documents do demonstrate that, in the said accident, the petitioner had sustained injuries in a road traffic accident. Charge-sheet is filed by the police against the rider of the Motor bike under Sections 279, 338 of IPC. The said finding is not challenged by the driver of the Yamaha vehicle. There is no contest by the respondent on this aspect. Therefore, in the absence of contest from the - 7 - HC-KAR NC: 2025:KHC:29349 MFA No. 2642 of 2020 respondent, and so also in view of the documents produced as well as the evidence of PW1, it is proved by the petitioner that, the said accident has taken place because of the rash and negligent riding of the Yamaha Libero Motorcycle No. KA-09-EC-4438 in the manner stated by the petitioner. 11. As per the evidence placed on record by the petitioner, in the said accident, he sustained grievous injuries on his right leg, foot, fingers, lacerated wound in middle anterior aspect tibia exposed, compound comminuted fracture of both bones of right leg, degloving, crush injury of 5th toe with fracture of 5th metatarcal and phalanges exposed. The Tribunal while giving finding with regard to the pain, suffering etc. has come to the conclusion that, based upon the oral evidence placed on record by the petitioner and other medical records, it is proved that, the claimant has sustained the aforesaid injuries on his person in a road traffic accident. It is observed that, PW1 (the petitioner) - 8 - HC-KAR NC: 2025:KHC:29349 MFA No. 2642 of 2020 was not subjected to cross examination. Learned tribunal, under the head of `Compensation towards pains, shock and suffering' the Tribunal has awarded Rs.15,000 compensation. In view of the nature of injuries sustained by the claimant and petitioner as well as the fractures and other series of injuries as stated above, the compensation awarded at Rs.15,000/- appears to be very much meagre. Therefore, towards pain, suffering and trauma, in my view, if Rs.30,000/- is awarded, it would meet the ends of justice. 12. As stated supra, the claimant has sustained multiple injuries on his person, both fracture and other injuries, which are grievous in nature. When the said accident took place, he was just aged 43 years. With all frustrations, the petitioner has to survive for the rest of his life. Therefore, keeping in view the nature of the injuries sustained by the petitioner, the compensation awarded by the tribunal at Rs.20,000/- towards `Loss of Amenities' is on the lower side. Thereby, it requires - 9 - HC-KAR NC: 2025:KHC:29349 MFA No. 2642 of 2020 enhancement. If, it is enhanced to Rs.25,000/-, it would meet the ends of justice. Thus, under the head Loss of Amenities, the petitioner is held entitled for enhancement under this head at Rs.25,000/-. 13. So far as, `Loss of Income due to disability' is concern, in the absence of proof of income of the claimant, as per the guidelines issued by the Karnataka State Legal Services Authorities, as the accident has taken place in the year 2017, notional monthly income is assessed at Rs.11,000/. It is to be multiplied by '12' to calculate annually. The evidence of doctor shows that, disability is 43% to a particular limb. The Tribunal has assessed disability to the extent of 15% to the whole body. Thus, the permanent disability is assessed at 15%. As the age of the petitioner was 43 years at the time of accident, the proper multiplier that is, to be applied for the age of the petitioner as per the judgment of the Hon'ble Apex Court in Sarla Verma and Ors. V. Delhi Transport Corporation and Anr. reported in AIR 2009 - 10 - HC-KAR NC: 2025:KHC:29349 MFA No. 2642 of 2020 SC 3104 is`14'. Thus, the loss of income due to disability would be Rs.2,77,200/- (Rs.11000 x 12 months x 15/100 x 14). 14. The Tribunal has awarded compensation of Rs.16,000/- towards attendant charges and conveyance. In view of the injuries sustained and also the period of treatment as an in-patient, in my opinion, whatever the compensation awarded by the tribunal is just and proper it requires no interference. As per the findings of the Tribunal, the claimant is held entitled for medical expenses of Rs.46,433/- as it is based upon actual bills, it requires no interference by this Court. 15. In so far as `loss of income during laid-up period' is concerned, as per the medical records the claimant was in the hospital as in-patient for 38 days. Even after discharge, he must have taken treatment as out-patient. He must have lost his income atleast for a period of 3 months. Since his monthly income is reckoned - 11 - HC-KAR NC: 2025:KHC:29349 MFA No. 2642 of 2020 at Rs.11,000/-, the compensation towards loss of income during laid-up period would be Rs.33,000/- (Rs.11,000/- X 3 months). 16. Thus, the claimant is held entitled for compensation as under: Sl. No. Heads Amount in Rs. 1. Pain, shock & sufferings 30,000-00 2. Loss of amenities 25,000-00 3. Loss of Income during Laid- up period 33,000-00 4. Attendant charges, diet, conveyance 16,000-00 5. Medicines and medical expenses 46,433-00 6. Loss of income due to diability 2,77,200-00 TOTAL 4,27,633-00 17. The claimant is held entitled for a total compensation of Rs.4,27,633/- as against Rs.2,60,633/- awarded by the Tribunal, thereby there would be enhancement of compensation of Rs.1,67,000/- together - 12 - HC-KAR NC: 2025:KHC:29349 MFA No. 2642 of 2020 with interest at the rate of 6% per annum from the date of petition till its realization on the enhanced compensation. The respondent is held liable to pay the compensation together with interest. 18. Resultantly, I pass the following: ORDER (i) Appeal is allowed-in-part. (ii) The appellant/petitioner is held entitled for total compensation of Rs.4,27,633/- as against Rs.2,60,633/- awarded by the Tribunal, thereby there would be enhancement of Rs.1,67,000/-, together interest @ 6% p.a. on the enhanced amount from the date of petition till its deposit. (iii) The impugned judgment and award passed in MVC No.1533/2018 dated 06.09.2019 passed by the Senior Civil - 13 - HC-KAR NC: 2025:KHC:29349 MFA No. 2642 of 2020 Judge and JMFC and MACT, H.D.Kote, is hereby modified to the above extent. (iv) Respondent shall deposit the compensation amount within six weeks from the date of judgment, together with interest @6% p.a on the enhanced compensation before the tribunal by deducting the compensation already deposited. (v) So far as the order of tribunal regarding deposit, release of the amount is concerned, it remains unaltered. (vi) There shall be modified award accordingly. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE SK List No.: 1 Sl No.: 39