- 1 - NC: 2025:KHC-K:1892 MFA No. 200803 of 2018 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. JOSHI MISCL. FIRST APPEAL NO.200803/2018(MV-I) BETWEEN: SANTOSH S/O KHAJAYYA, AGE: 27 YEARS, OCC: STUDENT OF MA AND RUNNING TUTORIAL CLASSES, NOW NIL, R/O VILLAGE MALABAD, TQ. AFZALPUR, NOW RESIDING AT CIVIL POLICE QUARTERS BEARING NO.160-B, KALABURAGI-585 301. …APPELLANT (BY SRI NAGARAJ PATIL, ADV.) AND: 1. SABAYYA S/O BASAYYA, AGE: MAJOR, OCC: BUSINESS, OWNER OF MOTOR CYCLE BEARING NO.KA-32/EG-8343, R/O VILLAGE ALLUR, TQ. JEWARGI, DIST. KALABURAGI-585 325. 2. ICICI LOMBARD GENERAL INSURANCE CO. LTD., DIVISIONAL OFFICE, OPP. SBH BANK, NEAR TIMMAPURI CIRCLE, Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1892 MFA No. 200803 of 2018 KALABURAGI-585 102, REPRESENTED BY ITS AUTHORIZED OFFICER. …RESPONDENTS (BY SRI MANJUNATH MALLAYYA SHETTY, ADV., FOR R2; R1-SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 12.01.2017 PASSED IN MVC NO.40/2015 ON THE FILE OF III ADDL. SENIOR CIVIL JUDGE AND MACT, KALABURAGI AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION AMOUNT TO RS.14,99,999/- ONLY, AS CLAIMED BY THE APPELLANT. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C.M. JOSHI) 1. Though this matter is slated for admission, with the consent of both the parties it is taken up for final disposal. 2. Heard learned counsel appearing for the appellant-petitioner and learned counsel appearing for respondent No.2 – Insurance Company. - 3 - NC: 2025:KHC-K:1892 MFA No. 200803 of 2018 3. This appeal is by the claimant against the judgment and award dated 12.01.2017 passed in MVC No.40/2015 by the III Additional Senior Civil Judge and MACT, Kalaburagi, (for short ‘the Tribunal’), seeking enhancement of the compensation amount. 4. Learned counsel appearing for the appellant submits that the petitioner is entitled for marginal increase in the compensation amount, since the Tribunal has not taken the income of the petitioner properly and the compensation under the heads of loss of amenities in life and pain and suffering is on the lower side. 5. The petitioner had suffered fracture of left shaft femur and he was inpatient for a period of nine days, during which, he was treated with ORIF and nailing. The petitioner claims that at the time of accident he was aged 30 years, working as Coolie and earning Rs.15,000/- per month. Therefore, claims compensation in respect of injuries suffered by him. - 4 - NC: 2025:KHC-K:1892 MFA No. 200803 of 2018 6. Learned counsel appearing for respondent No.2 would submit that the compensation amount awarded by the Tribunal is adequate, just and proper and therefore, no indulgence is required. It is also brought to the notice of the Court that respondent No.2 – Insurance Company had challenged the impugned judgment in MFA No.200703/2017 on the ground that the rider has no Driving Licence and the said appeal has been dismissed on merits. 7. A careful perusal of the records would reveal that the petitioner had sustained fracture of the left shaft of femur and he was inpatient for a period of 9 days, during which, he underwent surgeries. The Disability Certificate shows that the implants are in situ. The records also reveal that the petitioner was aged about 30 years at the time of accident and has not produced any material to show his income. Therefore, the Tribunal is justified in adopting the notional income. It is pertinent to note that the guidelines issued by the Karnataka State Legal Services Authority (KSLSA) for settlement of the disputes before the Lok Adalat prescribe the notional income of Rs.7,500/- for the year - 5 - NC: 2025:KHC-K:1892 MFA No. 200803 of 2018 2014. The Tribunal assessed the notional income at Rs.7,000/- per month instead of Rs.7,500/-. Further, the PW2 who assessed the disability of the petitioner has given Disability Certificate stating that the disability is 26%. Considering the nature of the injuries and avocation of the petitioner, the Tribunal assessed the disability at 9%, which is also proper and correct. Therefore, the loss of future income due to disability is calculated as Rs.7,500/- x 12 x 17 x 9% = Rs.1,37,000/-. 8. The Tribunal has awarded a sum of Rs.30,000/- towards pain and suffering and considering the nature of the injuries suffered, the same is enhanced to Rs.35,000/-. 9. The Tribunal has awarded a sum of Rs.10,000/- under the head of loss of amenities in life and the same needs to be enhanced to Rs.30,000/-. 10. The loss of income during laid up period is calculated for 03 months at Rs.7,500/-, which comes to Rs.22,500/-. - 6 - NC: 2025:KHC-K:1892 MFA No. 200803 of 2018 11. The records reveals that the implants are in situ and therefore a sum of Rs.25,000 has been awarded towards future medical expenses, however, it will not carry any interest. 12. The compensation awarded under remaining heads does not require any indulgence by this Court. Accordingly, the appellant-petitioner is entitled for total compensation of Rs.2,97,873/- as below, as against Rs.2,38,000/- awarded by the Tribunal: Sl. No. Heads Award by the Tribunal Award by this Court 1 Pain and sufferings Rs.30,000/- Rs.35,000/- 2 Medical expenses Rs.39,373/- Rs.39,373/- 3 Loss of future income Rs.1,28,520/- Rs.1,37,000/- 4 Attendant’s charges, food and conveyance Rs.9,000/- Rs.9,000/- 5 Loss of amenities and nutrition food Rs.10,000/- Rs.30,000/- 6 Loss of income during laid up period Rs.21,000/- Rs.22,500/- 7 Future medical expenses -- Rs.25,000/- Total Rounded to Rs.2,37,893/- Rs.2,38,000/- Rs.2,97,873/- Less: Award by the Tribunal Rs.2,38,000/- Total enhancement Rs.59,873/- - 7 - NC: 2025:KHC-K:1892 MFA No. 200803 of 2018 13. In the result, the appeal deserves to be allowed and hence, the following: ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award passed by the Tribunal is hereby modified. (iii) The appellant is entitled for a sum of Rs.59,873/- with interest at the rate of 6% per annum from the date of petition till realization (excluding interest on Rs.25,000/- awarded under the head of future medical expenses), in addition to what has been awarded by the Tribunal. (iv) The respondent No.2 – Insurance Company is directed to deposit the enhanced compensation along with interest within a period of 06 weeks from the date of receipt of a copy of this judgment. - 8 - NC: 2025:KHC-K:1892 MFA No. 200803 of 2018 Learned counsel Sri Manjunath Mallayya Shetty is permitted to file Vakalat for respondent No.2 within two weeks. Sd/- (C.M. JOSHI) JUDGE SBS List No.: 1 Sl No.: 36 CT: AK