- 1 - NC: 2025:KHC-K:925 MFA No. 200019 of 2020 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISC. FIRST APPEAL NO.200019 OF 2020 (MV-I) BETWEEN: HANUMANTHA @ HANUMESH S/O HANUMAPPA, AGE: 33 YEARS, OCC: DRIVER (NOW NIL), R/O: BUNKALADODDI VILLAGE, TQ. DEVADURGA, DIST. RAICHUR, NOW RESIDING AT SAI COLONY, RAMPUR ROAD, RAICHUR-584 103. …APPELLANT (BY SRI. VEERANAGOUDA MALIPATIL, ADVOCATE) AND: 1. SHIVAPPA KUMBAR S/O GURUSANAPPA, AGE: 57 YEARS, OCC: ASSISTANT DIRECTOR OF CO-OP. SOCIETY AND RECOVERY OFFICER, R/O: H.NO.460, BASAVAKRUPA, BESIDE SECAB PRIMARY SCHOOL, KEERTI NAGAR, VIJAYAPUR-586 109. 2. THE BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD., NEAR RAJENDRA GUNJ CIRCLE, RAICHUR-584 102. …RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2; V/O DTD. 09.11.2021, NOTICE TO R1 IS DISPENSED WITH) LUCYGRACE Digitally signed by LUCYGRACE Date: 2025.02.12 10:42:56 - 0800 - 2 - NC: 2025:KHC-K:925 MFA No. 200019 of 2020 THIS MFA IS FILED UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL, THE JUDGMENT AND AWARD DATED 21.11.2019 IN MVC.NO.528/2018 PASSED BY THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE AND MACT AT RAICHUR, MAY KINDLY BE MODIFIED BY ENHANCING THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION. THIS APPEAL COMING ON FOR FURTHER HEARING, 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) Heard the learned counsel for the appellant and the respondent No.2. 02. Being aggrieved by the judgment and award in MVC.No.528/2018 by learned the II Additional District and Sessions Judge, Raichur dated 21.11.2019, the petitioner is before this Court seeking enhancement of the compensation. - 3 - NC: 2025:KHC-K:925 MFA No. 200019 of 2020 03. The factual matrix of the case is that on 19.03.2018 the petitioner while proceeding on his motorcycle bearing Reg.No.KA-36-EN-1390, a Maruti Baleno Car bearing Reg.No.KA-28-P-5638 came from the opposite direction and dashed against the motorcycle of the petitioner. The petitioner had sustained injuries. He was shifted to the hospital wherein his right foot was amputated. It has resulted in a permanent partial disability and has affected his future earning. He claimed that he was an agriculturist and driver and he used to earn Rs.20,000/- per month. Now, he cannot perform those duties. As such, he is entitled for the compensation. 04. The respondent No.2 - insurance company resisted the petition contending that the compensation claimed is highly exorbitant, imaginary and untenable. It denied the age, occupation and income of the petitioner. Inter-alia it also contended that terms and conditions of the policy were violated by the owner and driver of the car. Therefore, the petition be dismissed as against it. - 4 - NC: 2025:KHC-K:925 MFA No. 200019 of 2020 05. The Tribunal framed the appropriate issues and the petitioner was examined as PW.1 and Exs.P.1 to 13 were marked in the evidence. The official of the respondent No.2 – insurance company examined as RW.1 and Ex.R.1 to Ex.R.3 were marked in the evidence. 06. After hearing both the parties, the Tribunal has awarded compensation under different heads as below:- Sl. No. Heads Compensation Awarded 1. Pain and sufferings Rs.50,000/- 2. Medical expenses Rs.32,225/- 3. Food, nourishment and conveyance Rs.20,000/- 4. Attendant charges Rs.15,000/- 5. Loss of income during laid up period Rs.24,000/- 6. Loss of future earnings Rs.7,68,000/- Total Rs.9,34,225/- Rounded of Rs.9,34,300/- 07. Being aggrieved by the said quantum of the compensation, the petitioner is before this Court in appeal. 08. The learned counsel for the petitioner submits that the petitioner has suffered amputation of the foot of the right lower limb. As such, he cannot do his duty as a - 5 - NC: 2025:KHC-K:925 MFA No. 200019 of 2020 driver of the tractor and trailer. Therefore, the compensation awarded by the Tribunal is on lower side. He submits that there being amputation, the opinion of the medical board being 50% physical disability, the Tribunal should have considered loss of future prospects also. Therefore, the impugned judgment is a unsustainable in law. He also submits that the compensation awarded under the remaining heads is also on the lower side. Therefore, a reassessment be made. 09. Per contra, the learned counsel appearing for the insurance company submits that the compensation awarded by the Tribunal is proper and correct and no enhancement is required. 10. The fact that the petitioner had sustained the injury in the road traffic accident involving the car owned by the respondent No.1 insured by respondent No.2 is not in dispute. The liability fastened upon the respondent No.2 is not questioned before this Court. Therefore, it has become final. It is pertinent to note that the medical board - 6 - NC: 2025:KHC-K:925 MFA No. 200019 of 2020 examined the petitioner. It came to the conclusion as per Ex.P.13 that there is a physical disability of 50% to the whole body. The medical board of the RIMS Hospital has opined the same. Therefore, there cannot be any doubt that there is a physical disability of 50%. The photographs produced at Ex.P.10 also show that there is amputation of the foot. It definitely contributes to the functional disability of the petitioner to work as a driver of the tractor and trailer. There cannot be any doubt that petitioner has to suffer disability for the rest of his life. There cannot be any reduction of such disability in future. In the light of the same, the Tribunal should have added future prospects also to the income. The functional disability at 50% appears to be correct. Therefore, the same is considered as functional disability. 11. The guidelines issued by the KSLSA for settlement of disputes before Lok-Adalath prescribe a notional income of Rs.11,750/- per month for the year 2018. In umpteen number of judgments, this Court has - 7 - NC: 2025:KHC-K:925 MFA No. 200019 of 2020 held that the guidelines issued by the KSLSA are in general conformity with the wages fixed under the Minimum Wages Act. Therefore, they are acceptable. Hence, the notional income of the petitioner is considered at Rs.11,750/- per month, by adding 40% to the same which is Rs.4,700/-, the effective multiplicand would be Rs.16,450/-. Hence, the loss of future income is calculated as Rs.16,450 x 12 x 16 x 50% = Rs.15,79,200/-. 12. Consequently, the loss of income during the laid up period is calculated for a period of 4 months i.e., Rs.11,750/- x 4 = Rs.47,000/-. 13. The compensation awarded under the head of pain and suffering needs to be enhanced. Therefore, the same is enhanced to Rs.1,00,000/-. 14. The petitioner has lost his right foot and he has to live with the same for the rest of his life. Therefore, instead of Rs.25,000/-, a sum of Rs.50,000/- is awarded to the petitioner under the head of loss of amenities in life. - 8 - NC: 2025:KHC-K:925 MFA No. 200019 of 2020 15. Consequently, the compensation awarded under the remaining heads do not require any interference. 16. Therefore, the petitioner is entitled for total enhanced compensation of Rs.9,09,225/- under the following heads :- Sl. No. Heads Compensation Awarded by this Court 1. Pain and suffering Rs.1,00,000/- 2. Medical expenses Rs.32,225/- 3. Food, nourishment and conveyance Rs.20,000/- 4. Attendant charges Rs.15,000/- 5. Loss of income during laid up period Rs.47,000/- 6. Loss of future earnings Rs.15,79,200/- 7. Loss of amenities Rs.50,000/- Total Less: Awarded by the Tribunal Rs.18,43,425/- Rs.9,34,200/- Total enhancement Rs.9,09,225/- 17. Hence, appeal deserves to be allowed in part. Therefore, the following; - 9 - NC: 2025:KHC-K:925 MFA No. 200019 of 2020 O R D E R I. The appeal is allowed in part. II. The appellant is entitled for a sum of Rs.9,09,225/- in addition to what has been awarded by the Tribunal along with interest at the rate of 6% p.a. from date of petition till the date of deposit. III. Rest of the order passed by the Tribunal regarding deposit etc., remain unaltered. Sd/- (C M JOSHI) JUDGE KJJ List No.: 1 Sl No.: 70 CT: AK