- 1 - NC: 2025:KHC-K:1797 MFA No. 200778 of 2022 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.200778 OF 2022 (MV-I) BETWEEN: AVINASH @ AVINAS S/O SHAMBULING, AGE: 24 YEARS, OCC: LABOUR, NOW NIL, R/O KOLAR-K, TQ. AND DIST. BIDAR- 585 401. …APPELLANT (BY SRI. BABU H. METAGUDDA, ADVOCATE) AND: 1. JAMES S/O HANMANTH, AGE: 46 YEARS, OCC: BUSINESS, R/O H.NO.2-131, R/O KOLAR-K, TQ. AND DIST. BIDAR-585 401, (OWNER OF THE MOTOR CYCLE NO.KA-38/5387). 2. THE MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD., BRANCH OFFICE, AT HAVAPPA COMPLEX, NO. 200, 201 AND 202, UDGIR ROAD, SHIVNAGAR SOUTH, BIDAR-585 401. …RESPONDENTS (BY SRI. SUDARSHAN M., ADV. FOR R2; V/O DTD. 25.08.2022, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1797 MFA No. 200778 of 2022 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 23.11.2021 PASSED IN MVC NO. 491/2019 BY THE ADDL. MACT AND ADDL. SENIOR CIVIL JUDGE AND CJM AT BIDAR AND ENHANCING THE COMPENSATION FROM RS.2,83,356/- WITH 9% INTEREST TO RS.17,83,356/- WITH 12% INTEREST. 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) Heard the learned counsel appearing for appellant and the learned counsel appearing for respondent No.2. 2. Being aggrieved by the judgment and award dated 23.11.2021 passed in MVC No.491/2019 by the learned Additional Senior Civil Judge and CJM and Member MACT, Bidar, the petitioner is before this in appeal seeking enhancement of the compensation. - 3 - NC: 2025:KHC-K:1797 MFA No. 200778 of 2022 3. The petitioner while returning from Bhagyavathy Temple on 21/11/2018 was hit by a motorcycle bearing No. KA.38.Q.5387, resulting in he falling down and sustaining the fracture of shaft of left femur and he was shifted to the hospital and had to undergo surgery for the injuries suffered by him. He was inpatient for four days and claiming that he was an agricultural labourer, aged about 20 years and suffered permanent disability, approached the Tribunal for compensation from the owner and insurer of the motorcycle. Regarding the accident, a case was registered in Crime No.215/2018 by the concerned police and ultimately, chargesheet was filed against the rider of the motorcycle. 4. Respondent No.2- Insurance Company resisted the petition contending that the compensation claimed by the petitioner is highly exorbitant, imaginary and untenable and it denied the age, occupation and income of the petitioner. It contended that there were violations of - 4 - NC: 2025:KHC-K:1797 MFA No. 200778 of 2022 the terms and conditions of the policy by the owner of the motorcycle and as such, to absolve its liability to pay the compensation. 5. Respondent No.1 did not appear before the Tribunal despite service of notice. 6. The Tribunal framed appropriate issues and the petitioner was examined as PW1 and Exhibits P1 to 14 were marked. The Doctor who assessed the disability was examined as PW2. 7. After hearing the arguments by both the sides, the Tribunal awarded the compensation of Rs.2,83,356/- under following heads: Loss of future earnings Rs.1,38,240/- Pain and suffering Rs. 40,000/- Medical, attendant and incidental charges Rs. 18,000/- Loss of laid up period for two months Rs. 16,000/- Medical Bills Rs. 56,116/- Loss of basic amenities Rs. 15,000/- Total Rs.2,83,356/- - 5 - NC: 2025:KHC-K:1797 MFA No. 200778 of 2022 8. Learned counsel appearing for the petitioner would submit that the Tribunal assessed the functional disability of the petitioner at 8% which is on the lower side. PW2 had stated that the physical disability of the petitioner was 32% to the left lower limb and he being an agricultural labourer, has suffered the functional disability to larger extent and there is no reason assigned by the Tribunal to reduce the disability to 8%. Further he contends that the quantum of the compensation awarded under the remaining heads, including the income assessed by the Tribunal needs to be reassessed by this Court. 9. Per contra, learned counsel appearing for respondent No.2 would submit that the Tribunal has assessed the compensation properly and there is no need for indulgence by this Court. 10. A perusal of the evidence of PW2 would show that he assesses the disability to the left lower limb at 32%. The Tribunal assessed the functional disability at 8% - 6 - NC: 2025:KHC-K:1797 MFA No. 200778 of 2022 without considering the avocation and the age of the petitioner. The translation of physical disability into the functional disability is an exercise which should be done by the Tribunal. The Medical Officer who assessed the disability cannot give an opinion about the functional disability, for the simple reason that, he would be unaware of the avocation and the nature of the work done by the petitioner. In the light of the contention that the petitioner was an agricultural labourer, aged about 20 years, this Court assess the functional disability at 11%. 11. The guidelines issued by the Karnataka State Legal Services Authority in respect of the settlement of disputes before the Lok Adalat prescribe the notional income Rs.11,750/- per month for the year 2018. This Court in umpteen number of cases has held that the said guidelines issued by the KSLSA for settlement of disputes in Lok adalat is in conformity with the minimum wages fixed under the Minimum Wages Act. Therefore, the notional income of the petitioner has to be considered at - 7 - NC: 2025:KHC-K:1797 MFA No. 200778 of 2022 Rs.11,750/- per month. Hence, the loss of future earnings due to disability is calculated as Rs.11,750/- x 18 x12x 11%= Rs.2,79,180/-. Consequently, loss of income during the laid up period is calculated as Rs.11,750 x 3 =Rs.35,250/-. 12. The compensation awarded by the Tribunal under the heads of pain and suffering, attendance charges and medical expenses do not require any enhancement. The compensation under the head of loss of amenities needs an enhancement and the same is enhanced to Rs.25,000/-. Hence, the petitioner is entitled for a total sum of Rs.4,53,546/- under the following heads: Loss of future earnings Rs.2,79,180/- Pain and suffering Rs. 40,000/- Medical, attendant and incidental charges Rs. 18,000/- Loss of laid up period for two months Rs. 35,250/- Medical Bills Rs. 56,116/- Loss of basic amenities Rs. 25,000/- Total Rs.4,53,546/- Rs.2,83,356/- Rs.1,70,190/- - 8 - NC: 2025:KHC-K:1797 MFA No. 200778 of 2022 13. In the result, the appeal filed by the petitioner deserves to be allowed in part. Hence, the following: ORDER The appeal is allowed in part. The appellant/petitioner is entitled for a sum of Rs.1,70,190/- in addition to the compensation awarded by the Tribunal along with interest at 6% p.a. from the date of petition till its realization. Respondent No.2 is directed to deposit the compensation amount within a period of six weeks from the date of this order. Rest of the order of the Tribunal remain unaltered. Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 51 CT: AK