- 1 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 1816 OF 2024 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 1696 OF 2024 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 1721 OF 2024 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 1732 OF 2024 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 1782 OF 2024 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 1815 OF 2024 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 1856 OF 2024 (MV-I) IN MFA No.1816/2024 BETWEEN: 1. SMT. S.P. PRABHA W/O. LATE B.G. KRISHNA MURTHY AGED ABOUT 55 YEARS OCC: TAILORING AND HOUSE WORK RESIDENT OF S.S. LAYOUT DAVANAGERE DAVANAGERE TALUK AND DISTRICT. 2. SRI VINAY B.K. S/O. LATE B.G. KRISHNA MURHTY AGED ABOUT 24 YEARS OCC. MEDICAL STUDENT RESIDENT OF S.S. LAYOUT DAVANAGERE DAVANAGERE TALUK AND DISTRICT. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 3. SRI VIKAS B.K. S/O. LATE B.G. KRISHNA MURTHY AGED ABOUT 22 YEARS STUDENT RESIDENT OF S.S. LAYOUT DAVANAGERE DAVANAGERE TALUK AND DISTRICT. …APPELLANTS (BY SRI SHANKARANARAYANA BHAT N., ADVOCATE) AND: 1. ARUNA G. S/O. GUDDAPPA AGED ABOUT 28 YEARS OCC: DRIVER DRIVER OF INNOVA CAR RESIDENT OF CHIKKA TOGALERI VILLAGE DAVANAGERE TALUK AND DISTRICT. 2. SRI H.B. KOTRESH S/O. H.S. BASAVARAJAPPA AGED ABOUT 33 YEARS OCC. OWNER OF INNOVA CAR RESIDENT OF DOOR NO.1409 KR. ROAD, S.S. COMPLEX JAGALUR STOP DAVANAGERE TALUK AND DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD. BY ITS GROUND MANAGER NO.273/1-12, FIRST FLOOR MALLIKARJUNA TOWERS PRAVASI MANDIR ROAD DAVANAGERE. …RESPONDENTS (BY SRI RAVISH BENNI, ADVOCATE FOR R-3; V/O DATED 28-1-2025, NOTICE TO R-1 AND R-2 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD - 3 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS DATED 28-11-2023 PASSED IN MVC NO.130 OF 2021 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO.1696/2024 BETWEEN: SRI VINAY B.K. S/O. LATE B.G. KRISHNA MURTHY AGED ABOUT 24 YEARS OCC. MEDICAL STUDENT RESIDENT OF S.S. LAYOUT DAVANAGERE DAVANAGERE TALUK AND DISTRICT. ...APPELLANT (BY SRI SHANKARANARAYANA BHAT N., ADVOCATE) AND: 1. ARUNA G. S/O. GUDDAPPA AGED ABOUT 28 YEARS OCC: DRIVER DRIVER OF INNOVA CAR RESIDING AT CHIKKA TOGALERI VILLAGE DAVANAGERE TALUK AND DISTRICT. 2. SRI H.B. KOTRESH S/O. H.S. BASAVARAJAPPA AGED ABOUT 33 YEARS OCC. OWNER OF INNOVA CAR RESIDENT OF DOOR NO.1409 K.R.ROAD, S.S.COMPLEX JAGALUR STOP DAVANAGERE TALUK AND DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD. BY ITS GENERAL MANAGER NO.273/1-12, FIRST FLOOR MALLIKARJUNA TOWERS PRAVASI MANDIR ROAD - 4 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS DAVANAGERE. ...RESPONDENTS (BY SRI RAVISH BENNI, ADVOCATE FOR R-3) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 28-11-2023 PASSED IN MVC NO.126 OF 2021 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO.1721/2024 BETWEEN: SRI VIKAS B.K. S/O. LATE B.G. KRISHNA MURTHY AGED ABOUT 22 YEARS OCC. STUDENT RESIDENT OF S.S. LAYOUT DAVANAGERE DAVANAGERE TALUK AND DISTRICT. ...APPELLANT (BY SRI SHANKARANARAYANA BHAT N., ADVOCATE) AND: 1. ARUNA G. S/O. GUDDAPPA AGED ABOUT 28 YEARS OCC: DRIVER DRIVER OF INNOVA CAR RESIDENT OF CHIKKA TOGALERI VILLAGE DAVANAGERE TALUK AND DISTRICT. 2. SRI H.B. KOTRESH S/O. H.S. BASAVARAJAPPA - 5 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS AGED ABOUT 33 YEARS OCC: OWNER OF INNOVA CAR RESIDENT OF DOOR NO.1409 K.R. ROAD, S.S. COMPLEX JAGALUR STOP DAVANAGERE TALUK AND DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD. BY ITS GENERAL MANAGER NO.273/1-12, FIRST FLOOR MALLIKARJUNA TOWERS PRAVASI MANDIR ROAD DAVANAGERE. ...RESPONDENTS (BY SRI RAVISH BENNI, ADVOCATE FOR R-3; R-1 IS SERVED AND UNREPRESENTED; VIDE ORDER DATED 12-8-2025, NOTICE TO R-2 IS DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 28-11-2023 PASSED IN MVC NO.125 OF 2021 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO.1732/2024 BETWEEN: SMT. RAMA N. RAICHUR W/O. NAGARAJU RAO S.P. AGED ABOUT 45 YEARS OCC. WORKING AS A AUDITORS CLERK IN M/S. VISHAL DESHAPANDE AND ASSOCIATES CHARTERED ACCOUNTANTS DHARWAD AND TAILORING BY PROFESSION RESIDENT OF NIRDHAR APARTMENT - 6 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 2ND FLOOR, DHARWAD DHARWAD TALUK AND DISTRICT. ...APPELLANT (BY SRI SHANKARANARAYANA BHAT N., ADVOCATE) AND: 1. ARUNA G. S/O. GUDDAPPA AGED ABOUT 28 YEARS OCC. DRIVER RESIDENT OF CHIKKA TOGALERI VILLAGE DAVANAGERE TALUK AND DISTRICT. 2. SRI H.B. KOTRESH S/O. H.S. BASAVARAJAPPA AGED ABOUT 33 YEARS OCC. OWNER OF INNOVA CAR RESIDENT OF DOOR NO.1409 K.R. ROAD, S.S. COMPLEX JAGALUR STOP DAVANAGERE TALUK AND DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD. BY ITS GENERAL MANAGER, NO.273/1-12, FIRST FLOOR MALLIKARJUNA TOWERS PRAVASI MANDIR ROAD DAVANAGERE. ...RESPONDENTS (BY SRI RAVISH BENNI, ADVOCATE FOR R-3; R-1 AND R-2 ARE SERVED AND UNREPRESENTED) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 28-11-2023 PASSED IN MVC NO.124 OF 2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION - 7 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO.1782/2024 BETWEEN: 1. SMT. S.P. SHOBHA W/O. SUDHEENDRA D/O. PRANESH RAO S.B. AGED ABOUT 57 YEARS OCC. WORKING AS A TEACHER IN GOVERNMENT HIGHER PRIMARY SCHOOL GUTTUR VILLAGE IN HARIHARA TALUK DAVANAGERE DISTRICT RESIDENT OF K.R. NAGAR HARIHARA TALUK DAVANAGERE DISTRICT. ...APPELLANT (BY SRI SHANKARANARAYANA BHAT N., ADVOCATE) AND: 1. ARUNA G. S/O. GUDDAPPA AGED ABOUT 28 YEARS OCC. DRIVER DRIVER OF INNOVA CAR RESIDENT OF CHIKKA TOGALERI VILLAGE DAVANAGERE TALUK AND DISTRICT. 2. SRI H.B. KOTRESH S/O. H.S. BASAVARAJAPPA AGED ABOUT 33 YEARS OCC. OWNER OF INNOVA CAR K.R. ROAD, S.S. COMPLEX JAGALUR STOP DAVANAGERE TALUK AND DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD. BY ITS GENERAL MANAGER NO.273/1-12, FIRST FLOOR MALLIKARJUNA TOWERS - 8 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS PRAVASI MANDIR ROAD DAVANAGERE. ...RESPONDENTS (BY SRI RAVISH BENNI, ADVOCATE FOR R-3; R-1 IS SERVED AND UNREPRESENTED; VIDE ORDER DATED 12-8-2025 NOTICE TO R-2 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 28-11-2023 PASSED IN MVC NO.129 OF 2021 ON THE FILE OF THE IST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO.1815/2024 BETWEEN: SMT. S.P. PRABHA W/O. LATE B.G. KRISHNA MURTHY AGED ABOUT 55 YEARS OCC. TAILORING AND HOUSE WORK RESIDENT OF S.S. LAYOUT DAVANAGERE DAVANAGERE TALUK AND DISTRICT. ...APPELLANT (BY SRI SHANKARANARAYANA BHAT N., ADVOCATE) AND: 1. ARUNA G. S/O. GUDDAPPA AGED ABOUT 28 YEARS OCC. DRIVER DRIVER OF INNOVA CAR RESIDENT OF CHIKKA TOGALERI VILLAGE DAVANAGERE TALUK AND DISTRICT. - 9 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 2. SRI H.B. KOTRESH S/O. H.S. BASAVARAJAPPA AGED ABOUT 33 YEARS OCC. OWNER OF INNOVA CAR RESIDENT OF DOOR NO.1409 K.R. ROAD, S.S. COMPLEX JAGALUR STOP DAVANAGERE TALUK AND DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD. BY ITS GROUND MANAGER NO.273/1-12, FIRST FLOOR MALLIKARJUNA TOWERS PRAVASI MANDIR ROAD DAVANAGERE. ...RESPONDENTS (BY SRI RAVISH BENNI, ADVOCATE FOR R-3; VIDE ORDER DATED 20-1-2025 NOTICE TO R-1 AND R-2 DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 28-11-2023 PASSED IN MVC NO.128 OF 2021 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO.1856/2024 BETWEEN: SRI NAGARAJ RAO S.P. S/O. S.B. PRANESH RAO AGED ABOUT 52 YEARS OCC. WORKING AS A SHIFT-IN-CHARGE IN PROCESS SECTION IN M/S. SHRI LAXMI NARASIMHA - 10 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS DISTILLERIES PVT. LTD. GARAG VILLAGE, DHARWAD RESIDENT OF NIRDHAR APARTMENT 2ND FLOOR, DHARWAD DHARWAD TALUK AND DISTRICT. ...APPELLANT (BY SRI SHANKARANARAYANA BHAT N., ADVOCATE) AND: 1. ARUNA G. S/O. GUDDAPPA AGED ABOUT 28 YEARS OCC. DRIVER DRIVER OF INNOVA CAR RESIDENT OF CHIKKA TOGALERI VILLAGE DAVANAGERE TALUK AND DISTRICT. 2. SRI H.B. KOTRESH S/O. H.S. BASAVARAJAPPA AGED ABOUT 33 YEARS OCC. OWNER OF INNOVA CAR RESIDENT OF DOOR NO.1409 K.R. ROAD, S.S. COMPLEX JAGALUR STOP DAVANAGERE TALUK AND DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD. BY ITS GROUND MANAGER NO.273/1-12, FIRST FLOOR MALLIKARJUNA TOWERS PRAVASI MANDIR ROAD DAVANAGERE. ...RESPONDENTS (BY SRI RAVISH BENNI, ADVOCATE FOR R-3; R-1 SERVED AND UNREPRESENTED; VIDE ORDER DATED 12-8-2025 NOTICE TO R-2 DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND - 11 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS AWARD DATED 28-11-2023 PASSED IN MVC NO.127 OF 2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THESE MISCELLANEOUS FIRST APPEALS ARE COMING ON FOR FURTHER ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) As these appeals are arising out of common judgment and award passed by the Tribunal, they are heard together and disposed of by this common judgment. 2. The appellants/claimants have filed these appeals for enhancement of compensation being aggrieved by the judgment and award passed by the I Additional Senior Civil Judge and JMFC, Davanagere dated 28.11.2023 in MVC.Nos.124/2021, 125/2021, 126/2021, 127/2021, 128/2021, 129/2021 and 130/2021 respectively. - 12 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 3. For the sake of convenience, the parties are referred to as they are referred to in the claim petitions before the Tribunal. 4. The brief facts of the cases of the claimants in the appeals are as under: On 12.05.2019 at about 5.15 p.m., the deceased B.G.Krishnamurthy (hereinafter referred to as "deceased") and other claimants had been to Siganduru and Murudeshwara for one day trip by engaging a Innova Car bearing registration No.KA-20/B-4913. After completion of pooja in Siganduru, the claimants and Krishnamurthy were proceeding towards Murudeshwara via Jogfalls, at about 3.30 p.m., on NH-206 road, when they reached Gerusoppa Mastimane old road, at that time, the driver of Innova car drove the same in rash and negligent manner and dashed the car to the left side of the hill, as a result of the accident, Sri. B.G.Krishnamurthy succumbed to the injuries and other inmates sustained severe injuries. Hence, this led to registration of FIR and investigation. The Investigating Officer after conducting investigation has laid charge sheet against the driver of Innova car, for the offences - 13 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS punishable under Sections 279, 337, 338, 304 (A) of IPC. Hence, the legal representatives of deceased B.G.Krishnamurthy and other injured persons had filed claim petitions under Section 166 of the Motor Vehicles Act before the Tribunal. 5. The Tribunal has considered the oral evidence of PW1 to PW7 and documentary evidence as per Exs.P1 to P71 and evidence of RW1, Exs.R1 and R2 and allowed the claim petitions in part and granted compensations as under: Sl. No. Miscellaneous First Appeal MVC Number Amount of compensation awarded by the Tribunal (in Rs.) 1 MFA.1816/2024 MVC.130/2021 14,40,245 2 MFA.1696/2024 MVC.126/2021 3,24,637 3 MFA.1721/2024 MVC.125/2021 50,000 4 MFA.1732/2024 MVC.124/2021 2,29,875 5 MFA.1782/2024 MVC.129/2021 50,000 6 MFA.1815/2024 MVC.128/2021 50,000 7 MFA.1856/2024 MVC.127/2021 2,30,903 - 14 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 6. Being aggrieved by the award passed by the Tribunal, the claimants of the deceased and injured are before this Court. 7. Sri. N.Shankarnarayana Bhat, learned counsel for the appellants/claimants has contended that the Tribunal without considering the material available on record has granted meager compensation, which is unjust and improper. He further contended that in MFA.No.1816/2024, the deceased B.G.Krishnamurthy was working as Graduate Assistant in Panchayath Raj Engineering Sub-Division, Davanagere, and he was drawing a monthly salary at Rs.23,737/-. It is further contended that the claimants got examined the authorized officer as PW7 and documents marked as per Ex.P62 to P67 to substantiate the proof of income. Further, the First Division Assistant of Panchayath Raj Engineering Department was examined as PW8 and documents were got marked at Exs.P5 - spot mahazar, Ex.69 - authorization letter and Ex.70 - acquisition register extract. It shows that deceased B.G.Krishnamurthy was working as a Graduate Assistant in Panchayath Raj Engineering Sub-division, Davanagere and was - 15 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS drawing salary of more than Rs.23,000/- per month. But the Tribunal has considered the monthly income of the deceased at Rs.14,000/- p.m., which is on meager side. Further, the Tribunal has failed to award fair compensation under the head 'loss of consortium'. The Tribunal has granted only a sum of Rs.30,000/- under the head 'loss of consortium' for three claimants, which is not fair and reasonable. 8. Insofar as MFA.Nos.1696/2024, 1721/2024, 1732/2024, 1782/2024, 1815/2024 and 1856/2024 is concerned, the learned counsel contended that, the Tribunal has not granted fair compensation under the heads pain and suffering, medical expenses, food, nourishment and attendant charges, loss of amenities, loss of income due to disability and loss of income during laid up period. Further, the Tribunal has not assessed the disability of the claimants in a proper perspective manner. Thus, he prays to allow these appeals. 9. Per contra, Sri.Ravish Benni, learned counsel for respondent No.3 - Insurance Company supports the impugned judgment and award passed by the Tribunal and submits that the Tribunal has considered the oral and documentary evidence - 16 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS on record and has awarded just and reasonable compensation under each heads to the claimants, which does not call for interference at the hands of this Court. Thus, he prays for dismissal of the appeals filed by the claimants. 10. Having heard learned counsel for the parties and on perusal of the appeal memo including original records of the Tribunal, the only point that would arise for our consideration in these appeals are: Whether the quantum of compensation awarded by the Tribunal in all claim petitions is just and reasonable or does it call for enhancement? 11. In the instant appeals, the Insurance Company has not disputed the accident, cause of death of deceased, injuries sustained by the other claimants. The Insurance Company has disputed the quantum of compensation awarded by the Tribunal. I. MFA No.1816/2024 (MVC.130/2021 - Deceased B.G.Krishnamurthy) - 17 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 12. The claimants have contended that claimant No.1 Smt. S.P.Prabha is wife of deceased B.G.Krishnamurthy and claimant No.2 Sri. Vinay B.K. and claimant No.3 Vikas B.K. are children of claimant No.1 and deceased B.G.Krishnamurthy. At the time of the accident, the age of deceased B.G.Krishnamurthy was 55 years and he was working as Graduate Assistant in Panchayath Raj Engineering Sub-Division, Davanagere and he was drawing monthly salary and for the month of April 2019, he had drawn Rs.23,737/- as his salary and he was the sole bread winner for the entire family. 13. The Tribunal considered the notional income of the deceased at Rs.14,000/-, by not considering salary slip and evidence of PW7 and 8. Admittedly, the deceased was working in Gram Panchayath on daily wage basis. Daily wage workers can benefit from a daily income, potential access to Government schemes and social security benefits like pensions and insurance, and the possibility of paid holidays and leave, though the specific benefits vary significantly by reason, government policies, and employment sector. Further, the workers are often eligible for annual increments in pay, with - 18 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS the rate of increase potentially being similar to that of regular group - D or group - C employees. As per the Karnataka Daily Wage Employees Act, 2012, the daily wage workers are entitled for leave, holidays and pay increments. Hence, we have taken into consideration the oral evidence of PW.1, PW.7 and PW.8 and other exhibited documents and also various aspects of the matter including Minimum Wages Act, and we deem it to assess the monthly income of the deceased at Rs.17,000/- per month, since the deceased was a Graduate daily wage employee. 14. The Tribunal has rightly assessed the income towards future prospectus at 10% and multiplier at '11' by deducting 1/3rd towards personal and living expenses of the deceased. Thus, loss of dependency is calculated as under: 17,000+10% =18,700-1/3 = 12,467 x 12 x 11 = 16,45,644/- 15. The Tribunal has committed an error by not awarding compensation under conventional heads. As per the judgment rendered by the Hon'ble Apex Court in the case of Magma General Insurance Company Ltd., vs. - 19 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS Nanu Ram Alias Chuhru Ram and Others reported in (2018) 18 SCC 130 and National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017) 16 SCC 680, the claimant Nos.1 to 3 are entitled for Rs.40,000/- each, which comes to Rs.1,20,000/- under the head 'loss of consortium'. 16. The Tribunal has awarded Rs.15,000/- towards 'loss of estate'. Same is fair and reasonable one. 17. The Tribunal has awarded Rs.25,000/- towards 'funeral expenses', which is contrary to the decision of Hon'ble Apex Court in Pranay Sethi's supra, thus, same is reduced to Rs. 15,000/- from Rs.25,000/-. 18. Thus, in all claimants are entitled for modified compensation as under: HEADS Amount (in Rs.) 1 Loss of dependency 16,45,644.00 2 Loss of estate 15,000.00 3 Loss of Consortium 1,20,000.00 4 Funeral expenses 15,000.00 Total 17,95,644.00 - 20 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 19. Hence, the claimants are entitled for total compensation of Rs. 17,95,644/-, as against the compensation awarded by the Tribunal at Rs.14,40,244/-. Thus, the claimants are entitled for enhanced compensation of Rs.3,55,400/- with interest @ 6% per annum from the date of petition till its date of realization. II. MFA.NO.1696/2024 (MVC.126/2021 - Vinay B.K. - Injury case) 20. The appellant was aged about 19 years at the time of accident. The appellant suffered serious fractures and permanent physical disability at 24% to his left upper limb locomotor function. The appellant/injured was a medical student, but the Tribunal granted a meager compensation of Rs.50,000/- towards 'pain and suffering', which is on lower side. The Tribunal granted total compensation of Rs.2,74,637/- towards medical expenses, which is fair and reasonable one and hence, no interference is called for in this regard. However, the - 21 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS Tribunal has not granted any compensation under the conventional heads. 21. To prove the claim of the appellant, he himself got examined on oath as PW4 and relied upon Exs.P29 to Ex.P40. In the evidence, PW4 reiterated the contents of the claim petition. He has stated that in the accident, he suffered left distal humerus intercondylar fracture and multiple facial bones fracture. Further, the Doctor has assessed 24% permanent physical disability in respect of the claimant to his left upper limb locomotor function permanently and the Tribunal has considered the whole body disability at 8%, which is fair and reasonable one. 22. The Tribunal has granted a sum of Rs.50,000/- under the head 'pain and suffering', which is reasonable one and no interference is called for by this Court. - 22 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 23. The tribunal awarded a sum of Rs.2,74,637/- towards 'medical expenses', which is fair and reasonable one. 24. The Tribunal has not granted any compensation under the head 'food, nourishment, transportation, and attendant charges' etc. Hence, considering the nature of injuries sustained by the claimant and the number of days he was in the hospital, we are granting a sum of Rs.20,000/- under this head. 25. The Tribunal has not granted any compensation under the head 'loss of amenities'. Loss of amenities refers to the deprivation of the normal enjoyments and pleasures of life, such as the ability to walk, run, or participate in activities, due to an injury sustained in an accident. Hence, we have to consider the claimant's age, marital status, and the unusual deprivation suffered, including the effect on his future life and prospects. Thus, we are granting a sum of Rs.30,000/- under this head. - 23 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 26. The Tribunal has not granted any compensation under the head 'loss of future earning capacity'. The accident is of the year 2019. The claimant has not produced any documents to prove his income before the Tribunal. In the absence of any proof of income, taking note of the Circular issued by the Karnataka State Legal Services Authority as well as High Court Legal Services Committee, Bengaluru, we deem it appropriate to re- assess the notional income of the claimant at Rs.14,000/- per month. 27. The claimant was aged about 19 years at the time of the accident. As per decision of the Hon’ble Apex Court in the case of Sarala Verma & Others Vs. Delhi Transport Corporation & Another reported in AIR 2009 SC 3104, the multiplier applicable to the age of the claimant is ‘18’. Thus, the compensation under the head ‘loss of future earning capacity’ is re-assessed as under: Rs.14,000 x 12 x 18 x 8% = Rs.2,41,920/- - 24 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 28. The Tribunal has not granted any compensation towards 'loss of earning during the period of treatment'. Loss of income during laid up period means, the financial loss a injured suffers because he was unable to work and earn income for a specific period due to an injury, such as a fracture, that requires rest and medical treatment. The compensation for this loss is often based on a person's notional income or the income he would have earned, if he was not injured. The claimant being a medical student during the year 2019 and considering the nature of injuries, the claimant was under rest and has taken treatment for a period of two months. Therefore, taking notional income of the claimant at Rs.14,000/-, a sum of Rs.28,000/- (14000x2) is awarded under the head of ‘loss of income during laid up period'. 29. Thus, the claimant is entitled for the following modified compensation: - 25 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS HEADS Amount (in Rs.) Towards pain and sufferings 50,000.00 Medical expenses 2,74,637.00 Food, nourishment, transportation and attendant charges 20,000.00 Loss of amenities 30,000.00 Towards loss of future earning capacity 2,41,920.00 Loss of income during laid up period 28,000.00 Total 6,44,557.00 30. Thus, the appellant/claimant is entitled to total compensation of Rs.6,44,557/- as against Rs.3,24,637/- awarded by the Tribunal. III. MFA.1721/2024 (MVC 125/2021 - Vikas B.K. - injury case) 31. The appellant-claimant sustained sutured wound, 5 cm in length over the outer aspect of right leg and abrasion over the lower lip. Injury No.1 is grievous and injury No.2 is simple in nature. Considering the nature of injuries sustained, we are granting a - 26 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS compensation of Rs.50,000/- towards 'pain and sufferings'. 32. However, the Tribunal has not granted any compensation under the head 'medical expenses'. As per Ex.P26 medical bills, the claimant incurred a sum of Rs.49,112/- towards medical bills. Hence, we are granting a compensation of Rs.50,000/- globally towards medical expenses. 33. The Tribunal has not granted any compensation under the head 'food, nourishment, transportation, attendant charges' etc., Hence, considering the nature of injuries sustained by the claimant and the number of days he was in hospital, we are granting compensation of Rs.20,000/- under this head. 34. The Tribunal has not granted any compensation under the head 'loss of amenities'. Thus, we are granting compensation of Rs.30,000/- under this head. - 27 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 35. The Tribunal has not granted any compensation towards 'loss of earning during the period of treatment'. The accident is of the year 2019 and by considering the nature of injuries sustained by the claimant, he was under rest and has taken treatment for a period of two months. Therefore, taking notional income of the claimant at Rs.14,000/- a sum of Rs.28,000/- (14000x2) is awarded under the head of ‘loss of income during laid up period'. 36. Thus, the claimant is entitled for the following modified compensation: HEADS Amount (in Rs.) Towards pain and suffering 50,000.00 Medical expenses 50,000.00 Food, nourishment, transportation and attendant charges 20,000.00 Loss of amenities 30,000.00 Loss of income during laid up period 28,000.00 Total 1,78,000.00 - 28 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 37. Thus, the appellant/claimant is entitled to total compensation of Rs.1,78,000/- as against Rs.50,000/- awarded by the Tribunal. IV. MFA.No.1732/2024 (MVC 124/2021 - Smt. Rama N Raichur - injury case) 38. The appellant was aged about 42 years at the time of accident. She was working as an Auditor Clerk apart from doing tailoring works and was earning Rs.20,000/- per month. She was examined on oath as PW.2 and she relied upon Exs.P14 to P22. The appellant suffered the following injuries: 1. Abrasion over right shoulder tip. 2. Tenderness over bilateral shoulders and right arm. 3. Laceration over front of left leg, 4 cm above ankle. 4. Laceration over front of left leg, 6 cm above ankle joint. 5. Tenderness over the bilateral knee and leg. 6. Tenderness over the back of head. - 29 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 39. Further as per the X-ray report, the claimant suffered right tibia shaft fracture, left fibula shaft fracture and right humerus shaft fracture. But, the Tribunal awarded a compensation of Rs.50,000/- towards 'pain and suffering', which is on lower side. It is well settled law that for one grievous injury, the claimant is entitled for compensation of Rs.40,000/- and for two additional grievous injuries the claimant is entitled for compensation of Rs.20,000/-. The claimant is entitled for Rs.15,000/- for three simple injuries. In all, the claimant is entitled for compensation of Rs.75,000/- towards 'pain and suffering'. 40. Further, the Tribunal has not considered the disability certificate (Ex.P20) issued by the Doctor. As per the disability certificate, the appellant-claimant suffered permanent disability at 32% to her right upper limb locomotor function. Hence, we have considered the disability at 10% i.e., 1/3rd of total disability, which is fair and reasonable one. - 30 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 41. Insofar as 'loss of future earning capacity' is concerned, the claimant has not furnished any documents to substantiate her income. The accident is of the year 2019. In the absence of proof of income, taking note of circular issued by Karnataka State Legal Services Authority, we deem it appropriate to re-assess the notional income of the claimant at Rs.14,000/- p.m. 42. The claimant was aged about 42 years at the time of the accident. As per decision of the Hon’ble Apex Court in the case of Sarala Verma supra, multiplier applicable to the age of the claimant is ‘14’. Thus, the compensation under the head of ‘loss of future earning capacity’ is re-assessed as under: Rs.14,000 x 12 x 14 x 10% = Rs.2,35,200/- 43. The tribunal awarded a sum of Rs.1,79,875/- towards 'medical expenses', which is fair and reasonable one. - 31 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 44. The Tribunal has not granted any compensation under the head 'food, nourishment, transportation, attendant charges' etc., Hence, considering the nature of injuries sustained by the claimant and the number of days she was in hospital, we are granting a sum of Rs.20,000/- under this head. 45. The Tribunal has not granted any compensation under the head 'loss of amenities'. Loss of amenities refers to the deprivation of the normal enjoyments and pleasures of life, such as the ability to walk, run, or participate in activities, due to an injury sustained in an accident. Hence, we have to consider the claimant's age, marital status, and the unusual deprivation suffered, including the effect on his future life and prospects. Thus, we are granting a sum of Rs.30,000/- under this head. 46. The Tribunal has not granted any compensation towards 'loss of earning during the period of treatment'. The accident is of the year 2019 and - 32 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS considering the nature of injuries the claimant was under rest and taken treatment for a period of two months, therefore, taking notional income of the claimant at Rs.14,000/- a sum of Rs.28,000/- (14000x2) is awarded under the head of ‘loss of income during laid up period'. 47. Thus, the claimant is entitled for the following modified compensation: HEADS Amount (in Rs.) Towards pain and sufferings 75,000.00 Medical expenses 1,79,875.00 Food, nourishment, transportation and attendant charges 20,000.00 Loss of amenities 30,000.00 Towards loss of future earning capacity 2,35,200.00 Loss of income during laid up period 28,000.00 Total 5,68,075.00 48. Thus, the appellant/claimant is entitled to total compensation of Rs. 5,68,075/- as against Rs.2,29,875/- awarded by the Tribunal. - 33 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS V. MFA.1782/2024 (MVC No.129/2021 - Smt. S.P.Shobha - injury case) 49. The appellant was aged about 57 years at the time of accident. She was working as teacher in Government Higher Primary School, Gutturu village, Harihara Taluk, Davanagere District. She was examined as PW.1 and relied upon Exs.P1 to P13. As per Ex.P7 - wound certificate she sustained the following injuries: 1. Right acetabular fracture 2. Right proximal humerus fracture. 50. The Tribunal awarded Rs.50,000/- towards 'pain and sufferings', which is fair and reasonable. 51. Further, the Tribunal has not considered disability certificate (Ex.P6) issued by the Doctor. A Government servant, who is injured, is generally entitled to compensation for loss of future income, either through statutory schemes like the Employees' Compensation Act or through disability pension benefits under the CCS (EOP) - 34 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS Rules, although the specifics depend on the nature of the employment, the injury, and the governing regulations. Compensation can also be awarded in accident claims, even if the Government servant is still receiving their salary, to account for future prospects, disability, and other losses. As per the disability certificate, the appellant suffered permanent disability at 37% in her right lower limb locomotor function. Hence, we have to consider the disability at 12% i.e., 1/3rd of total disability, which is fair and reasonable one. 52. Insofar as 'loss of future earning capacity' is concerned, the claimant is working as a Teacher in Government Higher Primary School. But she has not furnished any salary particulars. The accident is of the year 2019. In the absence of proof of income, taking note of circular issued by Karnataka State Legal Services Authority, we deem it appropriate to re-assess the notional income of the claimant at Rs.14,000/- p.m. - 35 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 53. The claimant was aged about 57 years at the time of the accident. As per decision of the Hon’ble Apex Court in the case of Sarala Verma supra, the multiplier applicable to the age of the claimant is ‘9’. Thus, the compensation under the head of ‘loss of future earning capacity’ is re-assessed as under; Rs.14,000 x 12 x 9 x 12% = Rs.1,81,440/- 54. The tribunal has not awarded any compensation towards 'medical expenses'. As per medical bills, the appellant incurred Rs.1,40,000/- towards medical expenses, but the tribunal has not assigned any reasons. The record as per Ex.P12 - Certificate given from BEO Office revealed that, the claimant had reimbursed Rs.1,23,316/- from her employer, thus she is entitled for remaining amount of Rs.16,684/-, which is fair and reasonable one. 55. The Tribunal has not granted any compensation under the head food, nourishment, transportation, and attendant charges etc., hence, considering the - 36 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS nature of injuries sustained by the claimant and the number of days she was in hospital, we are granting a sum of Rs.20,000/- under this head. 56. The Tribunal has not granted any compensation under the head loss of amenities. Loss of amenities refers to the deprivation of the normal enjoyments and pleasures of life, such as the ability to walk, run, or participate in activities, due to an injury sustained in an accident. Hence, we have to consider the claimant's age, marital status, and the unusual deprivation suffered, including the effect on her future life and prospects. Thus, we are granting a sum of Rs.30,000/- under this head. 57. The Tribunal has not granted any compensation towards loss of earning during the period of treatment. The accident is of the year 2019 and by considering the nature of injuries sustained by the claimant and she was under rest and took treatment for a period of two months, therefore, taking the notional - 37 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS income of the claimant at Rs.14,000/-, a sum of Rs.28,000/- (14000x2) is awarded under the head of ‘loss of income during laid up period'. 58. 58. Thus, the claimant is entitled for the following modified compensation: HEADS Amount (in Rs.) Towards pain and suffering 50,000.00 Medical expenses 16,684.00 Food, nourishment, transportation and attendant charges 20,000.00 Loss of amenities 30,000.00 Towards loss of future earning capacity 1,81,440.00 Loss of income during laid up period 28,000.00 Total 3,26,124.00 59. Thus, the appellant/claimant is entitled to total compensation of Rs. 3,26,124/- as against Rs.50,000/- awarded by the Tribunal. VI-MFA.1815/2024 (MVC No.128/2021 - Smt. S.P.Prabha - injury case) - 38 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 60. The appellant was aged about 52 years at the time of accident. She was working as a tailor and she was a home maker. She was examined as PW.7 and relied upon Ex.P54 to P61. As per Ex.P 54 - wound certificate, the claimant sustained the following injuries: 1. Right proximal tibia fracture. 2. Left proximal humerus fracture. 61. The Tribunal awarded Rs.50,000/- towards 'pain and sufferings', which is fair and reasonable. Further, the Tribunal has not considered disability certificate (Ex.P-59) issued by the Doctor. As per the disability certificate, the appellant suffered permanent physical disability at 24% in her left upper limb locomotor function. Hence, we have considered the disability at 8% to the whole body i.e., 1/3rd of total disability, which is fair and reasonable one. 62. Towards loss of future earning capacity is concerned, the claimant was working as Tailor. The accident is of the year 2019. In the absence of proof of - 39 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS income, taking note of circular issued by Karnataka State Legal Services Authority, we deem it appropriate to re- assess the notional income of the claimant at Rs.14,000/- per month. 63. The claimant was aged about 52 years at the time of the accident. As per decision of the Hon’ble Apex Court in the case of Sarala Verma supra, the multiplier applicable to the age of the claimant is ‘11’. Thus, the compensation under the head of ‘loss of future earning capacity’ is re-assessed as under: Rs.14,000 x 12 x 11x 8% = Rs.1,47,840/- 64. The tribunal has not awarded any compensation towards 'medical expenses'. As per Ex.P55 - medical bills, the appellant incurred Rs.2,06,000/- towards medical expenses, but the tribunal has not assigned any reasons. Hence, we are granting the said compensation under this head. - 40 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 65. The Tribunal has not granted any compensation under the head food, nourishment, transportation, attendant charges etc., Hence, considering the nature of injuries sustained by the claimant and the number of days she was in hospital, we are granting a sum of Rs.20,000/- under this head. 66. The Tribunal has not granted any compensation under the head 'loss of amenities'. Loss of amenities refers to the deprivation of the normal enjoyments and pleasures of life, such as the ability to walk, run, or participate in activities, due to an injury sustained in an accident. Hence, we have to consider the claimant's age, marital status, and the unusual deprivation suffered, including the effect on her future life and prospects. Thus, we are granting a sum of Rs.30,000/- under this head. 67. The Tribunal has not granted any compensation towards 'loss of earning during the period of treatment'. The accident is of the year 2019 and - 41 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS considering the nature of injuries sustained and the claimant was under rest and took treatment for a period of two months, therefore, taking the notional income of the claimant at Rs.14,000/-, a sum of Rs.28,000/- (14000x2) is awarded under the head of ‘loss of income during laid up period'. 68. 68. Thus, the claimant is entitled for the following modified compensation: HEADS Amount (in Rs.) Towards pain and suffering 50,000.00 Medical expenses 2,06,000.00 Food, nourishment, transportation and attendant charges 20,000.00 Loss of amenities 30,000.00 Towards loss of future earning capacity 1,47,840.00 Loss of income during laid up period 28,000.00 Total 4,81,840.00 69. Thus, the appellant/claimant is entitled to total compensation of Rs. 4,81,840/- as against Rs.50,000/- awarded by the Tribunal. - 42 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS VII-MFA.1856/2024 (MVC No.127/2021 - Sri. Nagaraj Rao - injury case) 70. The appellant was aged about 49 years at the time of accident. He was working as a Shift in charge in Process section at M/S Shri Laxmi Narasimha Distilleries Pvt. Ltd., Dharwad. He was examined as PW.5 and relied upon Exs.P41 to P53. As per Ex.P 41 - wound certificate, the claimant sustained the following injuries: 1. Left distal femur intercondylar fracture 2. Right multiple ribs fractures. 71. The Tribunal awarded Rs.50,000/- towards 'pain and sufferings', which is fair and reasonable one. Further, the Tribunal has not considered disability certificate (Ex.P52) issued by the Doctor. The claimant, who is injured is generally entitled to the compensation for loss of future income, either through statutory schemes like the Employees' Compensation Act or through disability pension benefits under the CCS (EOP) Rules, although the specifics depend on the nature of the employment, the - 43 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS injury, and the governing regulations. Compensation can also be awarded in accident claims, even if employee is still receiving his salary, to account for future prospects, disability, and other losses. As per the disability certificate, the appellant suffered permanent disability at 41% in his left lower limb locomotor function. Hence, we have considered the disability at 13% of whole body i.e., 1/3rd of total disability, which is fair and reasonable one. 72. Towards 'loss of future earning capacity' is concerned, the claimant was working in a private company. He has furnished salary particulars vide Exs. P48 and P49. The annual salary of the claimant is Rs.2,69,160/- per annum. The claimant was aged about 49 years at the time of the accident. As per decision of the Hon’ble Apex Court in the case of Sarala Verma supra, multiplier applicable to the age of the claimant is ‘13’. Thus, the compensation under the head of ‘loss of future earning capacity’ is re-assessed as under: Rs.2,69,160 x 13 x 13% = Rs.4,54,880/- - 44 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 73. The Tribunal has not awarded any compensation towards 'medical expenses'. As per Ex.P44 - medical bills, the appellant incurred Rs.1,56,515/- towards 'medical expenses', but the Tribunal has not assigned any reasons. The records reveal that, the claimant incurred such amount towards medical treatment, thus he is entitled for compensation of Rs.1,56,515/- towards medical expenses. 74. The Tribunal has not granted any compensation under the head food, nourishment, transportation, and attendant charges etc., hence, considering the nature of injuries sustained by the claimant and the number of days he was in hospital, we are granting a sum of Rs.20,000/- under this head. 75. The Tribunal has not granted any compensation under the head 'loss of amenities'. Loss of amenities refers to the deprivation of the normal enjoyments and pleasures of life, such as the ability to walk, run, or - 45 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS participate in activities, due to an injury sustained in an accident. Hence, we have to consider the claimant's age, marital status, and the unusual deprivation suffered, including the effect on his future life and prospects. Thus, we granted a sum of Rs.30,000/- under this head. 76. The Tribunal has not granted any compensation towards 'loss of earning during the period of treatment'. The accident is of the year 2019 and considering the nature of injuries sustained by the claimant, as he was under rest and took treatment for a period of two months, therefore, taking the average income of the claimant, we are granting global compensation at Rs.45,000/- under the head of ‘loss of income during laid up period'. 77. Thus, the claimant is entitled for the following modified compensation: HEADS Amount (in Rs.) Towards pain and suffering 50,000.00 - 46 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS Medical expenses 1,56,515.00 Food, nourishment, transportation and attendant charges 20,000.00 Loss of amenities 30,000.00 Towards loss of future earning capacity 4,54,880.00 Loss of income during laid up period 45,000.00 Total 7,56,395.00 78. Thus, the appellant-claimant is entitled to total compensation of Rs. 7,56,395/- as against Rs.2,30,903/- awarded by the Tribunal. 79. In the result, we pass the following: ORDER 1. MFA.No.1816/2024, MFA.No.1696/2024, MFA.No.1721/2024, MFA.No.1732/2024, MFA.No.1782/2024, MFA.No.1815/2024 and MFA.No.1856/2024 are allowed-in- part. 2. The judgment and award * passed by the I Additional Senior Civil Judge and JMFC, Davanagere dated 28.11.2023 in *Deleted vide Chambers Order dated 26/09/2025. - 47 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS MVC.Nos.130/2021, 126/2021, 125/2021, 124/2021, 129/2021, 128/2021 and 127/2021 is modified to the extent stated herein above. 3. The claimants in MFA No.1816/2024 (deceased B.G.Krishnamurthy – MVC No.130/2021) are entitled for an additional enhanced compensation of Rs.3,55,400/- with interest at 6% p.a. from the date of claim petition till the date of realization. 4. The claimant in MFA No.1696/2024 (Vinay B.K. –MVC No.126/2021) is entitled for an additional enhanced compensation of Rs.3,19,920/- with interest at 6% p.a. from the date of claim petition till the date of realization. 5. The claimant in MFA No.1721/2024 (Vikas B.K.- MVC No.125/2021) is entitled for an additional enhanced compensation of Rs.1,28,000/- with interest at 6% p.a. from - 48 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS the date of claim petition till the date of realization. 6. The claimant in MFA No.1732/2024 (Smt. Rama N. Raichur –MVC No.124/2021) is entitled for an additional enhanced compensation of Rs.3,38,200/- with interest at 6% p.a. from the date of claim petition till the date of realization. 7. The claimant in MFA No.1782/2024 (Smt. S.P.Shobha - MVC No.129/2021) is entitled for an additional enhanced compensation of Rs.2,76,124/- with interest at 6% p.a. from the date of claim petition till the date of realization. 8. The claimant in MFA No.1815/2024 (Smt. S.P.Prabha - MVC No.128/2021) is entitled for an additional enhanced compensation of Rs.4,31,840/- with interest at 6% p.a. from the date of claim petition till the date of realization. - 49 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 9. The claimant in MFA No.1856/2024 (Sri. Nagaraj Rao - MVC No.127/2021) is entitled for an additional enhanced compensation of Rs.5,25,492/- with interest at 6% p.a. from the date of claim petition till the date of realization. 10. Respondent No.3 - Insurance Company is directed to deposit the additional compensation amounts with interest at 6% per annum within a period of eight weeks from the date of receipt of a copy of this Judgment. 11. On deposit, the Tribunal is directed to disburse the entire additional compensation in favour of the claimants on proper identification as per the apportionment made by the Tribunal. 12. The amount deposited by the Insurance Company before this Court, if any, be transmitted to the Tribunal within three weeks. 13. Draw the modified awards accordingly. - 50 - HC-KAR NC: 2025:KHC:32858-DB MFA No. 1816 of 2024 C/W MFA No. 1696 of 2024 MFA No. 1721 of 2024 AND 4 OTHERS 14. Registry to transmit a copy of this judgment to the concerned Tribunal, along with its records. 15. No order as to costs. 16. Pending I.A's, if any, shall stand disposed of as they do not survive for any consideration. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 Sl No.: 46