- 1 - HC-KAR NC: 2025:KHC:26610-DB MFA No. 2153 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 2153 OF 2016 (MV-I) BETWEEN: SHUBHA NAYAK AGED ABOUT 26 YEARS, D/O. SRINIVAS NAYAK, R/AT H. NO. 6-65, MANCHIKODI POST, SHIVALLI VILLAGE, UDUPI TALUK AND DISTRICT-576 101. …APPELLANT (BY SRI. S V PRAKASH., ADVOCATE) AND: 1. MRS. SADHANA N SHETTY W/O. B. NAGARAJ SHETTY, R/AT GUNASHREE ENTERPRISES, SRI. RAM, BEJAI, CHURCH ROAD, MANGALORE, D.K. DISTRICT-576 101. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26610-DB MFA No. 2153 of 2016 2. THE DIVISIONAL MANAGER I.C.I.C.I. LOMBARD GENERAL INSURANCE COM. LTD., BRANCH MUMBAI, REP. BY ITS NEAREST D.M.D.O. UDUPI, RAJ TOWERS, CITY BUST STAND, UDUPI-576 101. …RESPONDENTS (BY SRI. B PRADEEP FOR R2., ADVOCATE V/O DTD 30.03.2016 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED20.01.2016 PASSED IN MVC NO.672/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2025:KHC:26610-DB MFA No. 2153 of 2016 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The claimant, who has suffered fracture injuries in a road accident on 29.01.2013, is in appeal calling in question the Judgment and Award dated 20.01.2016 in M.V.C. No.672/2013 on the file of the Additional Motor Accident Claims Tribunal and Principal Senior Civil Judge, Udupi [for short, 'the Tribunal']. The Tribunal has awarded to the appellant a sum of Rs.10,02,500/- under the following heads: 1 Pain and Sufferings Rs.70,000/- 2 Medical Expenses Rs.38,500/- 3 Attendant Expenses, Nourishment, Conveyance, [24,000+3,000+5,000] Rs.32,000/- 4 Future Medical Expenses Rs.25,000/- 5 Loss of Income Rs.1,44,000/- 6 Loss of Future Earning Capacity Rs.6,48,000/- 7 Marriage Prospectus Rs.25,000/- 8 Loss of Amenities Rs.20,000/- Total Rs.10,02,500/- - 4 - HC-KAR NC: 2025:KHC:26610-DB MFA No. 2153 of 2016 2. It is not in dispute that the claimant suffered a fracture in her right lower limb on 29.01.2013 as a 22-year-old, when she was riding her motorcycle and the bus insured with the second respondent hit her. The Insurer does not dispute its liability, and the only question canvassed is for enhancement of compensation. The claimant was an Engineering Graduate, who had begun her employment with a private enterprise as of the date of the accident. The Doctor, who has treated her, has deposed as PW3, and he has stated that the appellant has undergone open reduction and internal fixation for the fracture of right tibia and fibula with repeated hospitalisation between 29.01.2013 and 11.12.2013. The Doctor has also stated that the appellant was admitted once again in December 2013 and later in January 2014. 3. The Doctor, in so far as the claimant’s permanent disability, has opined that she has Grade - 5 - HC-KAR NC: 2025:KHC:26610-DB MFA No. 2153 of 2016 II power in her right ankle dorsiflexors and Grade III power in her right ankle plantar flexors while opining that there is union of fracture with implants in situ with arthritis of the ankle joint. The Tribunal, in the light of this evidence, has taken the disability at 25% and capitalized Loss of Earning taking the monthly income at Rs.12,000/- and multiplier of '18'. 4. Mr. S. V. Prakash, the learned counsel for the appellant, submits that this Court must grant a higher compensation towards [a] Pain and Suffering [b] Attendant, Nourishment, Conveyance and other charges [c] Loss of Future Earning Capacity [d] Marriage Prospects and [e] Loss of Amenities. Mr. Pradeep B, the learned counsel for the Insurer, is heard on whether there must be an enhancement in compensation on the afore grounds. 5. The undisputed evidence is that the appellant has had to undergo repeated surgeries for fracture fixation, wound debridement and implant - 6 - HC-KAR NC: 2025:KHC:26610-DB MFA No. 2153 of 2016 removal, cross-leg flap for left lower leg and bone grafting for the non-union of right tibia and that the appellant has undergone these procedures beginning from the date of the accident till the end of January 2014, which is for almost a year. The assessment for Pain and Suffering must be considered not only in the light of the injuries suffered but the prolonged treatment that the appellant has undergone. This Court opines that a sum of Rs.1,00,000/- would be just and reasonable under this head. 6. This Court also finds substance in Mr. S. V. Prakash’s submissions that the claimant is entitled to a higher compensation towards Attendant, Nourishment, Conveyance and other charges because of repeated hospitalisation for a period of one year and the expense incurred would be much higher than Rs.32,000/- but the enhancement can only be conservative. This Court opines that the - 7 - HC-KAR NC: 2025:KHC:26610-DB MFA No. 2153 of 2016 compensation under this head will be Rs.60,000/- and not Rs.32,000/-. 7. On the appellant’s case for enhancement towards Loss of Future Earning Capacity, this Court is not persuaded to opine that the Tribunal has committed any error in assessing the functional disability at 25% or in taking the monthly income at Rs.12,000/- capitalising the same with the multiplier of '18' but there must be addition towards Loss of Future Prospects. The appellant has suffered disablement resulting in a limp because of Grade II power in her right ankle dorsiflexors and Grade III power in her right ankle plantar flexors, which could impair the possibilities of better prospects. The addition, given the appellant's age at the time of the accident, will have to be 40% and the computation of Loss of Earning Capacity will be: - 8 - HC-KAR NC: 2025:KHC:26610-DB MFA No. 2153 of 2016 Monthly Income Rs.12,000/- Addition towards Future Prospects 40% Monthly Income + Future Prospects Rs.16,800/- Annual Income Rs.2,01,600 Percentage of Disability 25% Multiplicand [Based on percentage of Disability] Rs.50,400/- Multiplier 18 Loss of Earning Capacity Rs.9,07,200/- 8. The Tribunal has granted Rs.25,000/- towards Loss of Marriage Prospects, and there is a canvass for enhancement on this ground but the appellant has not placed evidence to show that she has remained unmarried. In the absence of clear evidence from which Loss of Marriage Prospects can be reasonably inferred, the amount under this head can only be a conventional sum, and the Tribunal has rightly awarded Rs.25,000/-. 9. Lastly, the enhancement is sought in the award towards Loss of Amenities. As observed above, there is a possibility of limp and there must be just - 9 - HC-KAR NC: 2025:KHC:26610-DB MFA No. 2153 of 2016 compensation as limping will affect not just in employment but also otherwise. The just compensation under this Act will be in a sum of Rs.50,000/-. The claimant will be thus entitled for enhancement in a sum of Rs.3,47,200/- which is brought out by the comparative table of the compensation awarded by the Tribunal and this claimant. Sl No. Description of the Heads Amount by the Tribunal [In Rs.] Amount by this Court [In Rs.] 1 Pain and Sufferings 70,000.00 1,00,000.00 2 Medical Expenses 38,500.00 38,500.00 3 Attendant expenses, Nourishment and Conveyance 32,000.00 60,000.00 4 Future Medical Expenses 25,000.00 25,000.00 5 Loss of Income 1,44,000.00 1,44,000.00 6 Loss of Future Earning Capacity 6,48,000.00 9,07,200.00 7 Marriage Prospectus 25,000.00 25,000.00 - 10 - HC-KAR NC: 2025:KHC:26610-DB MFA No. 2153 of 2016 8 Loss of Amenities 20,000.00 50,000.00 Total 10,02,500.00 13,49,700.00 Enhanced 3,47,200.00 In the light of the afore, the following: ORDER [A] The appeal is allowed-in-part modifying the Tribunal’s judgement and award dated 20.01.2016 in MVC No. 672/2013 granting to the appellant an enhanced compensation of Rs.3,47,200/- with interest at 6% per annum from the date of the petition to the date of deposit. [B] The Insurer – the second respondent is called upon to deposit the enhanced compensation along with interest within eight [8] - 11 - HC-KAR NC: 2025:KHC:26610-DB MFA No. 2153 of 2016 weeks from the date of receipt of a certified copy of this order. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE RB