- 1 - HC-KAR NC: 2025:KHC-K:3314 MFA No. 200784 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO.200784 OF 2023 (MV-I) BETWEEN: MANOJKUMAR S/O SIDRAMAPPA NAIKODI, AGE: 24 YEARS, OCC: GOUNDI (LABOUR), R/O: KANASOOR, TQ. KALAGI, DIST. KALABURAGI. …APPELLANT (BY SRI SANJEEV PATIL, ADVOCATE) AND: 1. PARVEEN BEGUM W/O SHAIK AHEMMED, AGE: MAJOR, OCC: HOUSEHOLD AND BUSINESS, R/O: H.NO.79/4, MADINA COLONY, BASAVAKALYAN, DIST: BIDAR – 585 402. OWNER OF ASHOK LEYLAND LORRY BEARING REG. NO.MH-12/KP-1601) 2. RELIANCE GENERAL INSURANCE CO. LTD., THROUGH ITS BRANCH MANAGER, ASIAN PLAZA, NEAR S.V.P. CHOWK, STATION AREA, KALABURAGI – 585 102. (P.NO.616321923340000694 VALID FROM 23.01.2019 TO 22.01.2020) …RESPONDENTS (BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2; R1 IS DISPENSED WITH) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3314 MFA No. 200784 of 2023 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 7-12-2022 PASSED BY THE LEARNED III ADDL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI MVC NO.797/2019 BY ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 07.12.2022 passed by III Addl. Senior Civil Judge and MACT, Kalaburagi in MVC no.797/2019, this appeal is filed. 2. Sri Sanjeev Patil, learned counsel submitted that appeal was by claimant for enhancement of compensation. It was submitted, on 06.02.2019 at about 3:30 p.m., when claimant along with others was traveling in Maxicab bearing registration no.KA-32/3933 to go to Chitguppa, driver of lorry bearing registration no.MH-12/KP-1601 drove it in rash and negligent manner and dashed against Maxicab. In said accident, claimant sustained fracture of left hand (shaft of humerus), fracture of 5th and 9th ribs and injuries to right leg resulting in amputation of right leg above knee level and other injuries. Despite taking treatment at Government Hospital, - 3 - HC-KAR NC: 2025:KHC-K:3314 MFA No. 200784 of 2023 Chitguppa, GIMS, Kalaburagi and United Hospital, Kalaburagi, he sustained physical disability. Alleging loss of earning capacity, he had filed claim petition under Section 166 of MV Act against owner and insurer of offending lorry. 3. On contest, wherein only insurer opposed claim petition by filing objections, denying entire claim petition averments and alleging violation of terms and conditions of policy, tribunal framed issues and recorded evidence. Claimant examined himself as PW-1, Dr.Raju Kulkarni as PW-2 and got marked Exs.P-1 to 12. Insurer examined its official as RW-1 and did not get marked any documents. 4. On consideration, tribunal held that accident occurred due to rash and negligent driving of insured lorry by its driver and claimant sustained permanent disability and lost earning capacity, due to same tribunal held insurer liable to pay compensation of Rs.16,80,549, awarded as under: 1. Pain and sufferings Rs.40,000/- 2. Medical expenses Rs.4,15,999/- 3. Loss of earning during laid up period Rs.39,750/- - 4 - HC-KAR NC: 2025:KHC-K:3314 MFA No. 200784 of 2023 4. Loss of future earning, disability Rs.11,44,800/- 5. Nutritious food and attendant charges Rs.20,000/- 6. Loss of future amenities and loss of happiness Rs.20,000/- Total Rs.16,80,549/- 5. Not satisfied, claimant was in appeal. It was submitted, though, claimant had sustained grievous fractures and right leg amputation, tribunal awarded inadequate compensation of Rs.40,000/- for pain and suffering. It was submitted on account of amputation, claimant would have undergone substantial period of lay off and award of Rs.39,750/- towards same would be inadequate. Tribunal did not add future prospects to monthly income and even, assessment of loss of earning capacity is on lower side. It was submitted that PW-2 had assessed claimant’s limb disability and whole body disability at 85%, but tribunal considered functional disability at only 40%, which was inadequate. Likewise, awards for incidental expenses and loss of amenities were also low and sought for enhancement. - 5 - HC-KAR NC: 2025:KHC-K:3314 MFA No. 200784 of 2023 6. On other hand, Sri Subash Mallapur, learned counsel for insurer, opposed appeal. It was submitted that tribunal had taken note of injuries and awarded just compensation, leaving no scope for enhancement and sought for dismissal. 7. Heard learned counsel and perused impugned judgment and award. 8. From above, since it is only claimant’s appeals for enhancement of compensation, while insurer has accepted award, point for consideration is: “Whether claimant is entitled to enhancement of compensation as sought for?” 9. Same is answered in affirmative for following reasons. 10. Occurrence of accident due to rash and negligent driving of insured lorry, causing permanent disability and loss of earning capacity and insurer’s liability to pay compensation are not in dispute. Claimant is seeking enhancement on limited grounds. Claimant sustained fracture of left hand (shaft of - 6 - HC-KAR NC: 2025:KHC-K:3314 MFA No. 200784 of 2023 humerus), fracture of 5th and 9th ribs and amputation of right leg above knee level and other injuries. Same would be major fracture and taking not of fact that claimant has sustained amputation, award of Rs.40,000/- towards pain and suffering is grossly inadequate. It is found appropriate to enhance it to Rs.1,50,000/-. Tribunal awarded Rs.4,15,999/- towards medical expenses, in complete reimbursement of bills produced. Same would not call for enhancement. 11. Normally in case of amputation of lower limb, victim would have been away from employment for at least 6 months, taking same as lay off period, Rs.79,500/- is awarded towards loss of income during laid up period. Hon’ble Supreme Court in case of Mohd. Sabeer @ Shabir Hussain v. Regional Manager, U.P. State Road Transport Corporation1 has held that future prospects should be added even in case of personal injury claims. Claimant was 21 year old, working as a coolie i.e. self employed. Therefore, 40% towards future prospects has to be added. Income of claimant after addition of future prospects would be Rs.13,250+40% = Rs.18,550/-. It is seen PW-2- 1 (2022) 18 SCR 427 - 7 - HC-KAR NC: 2025:KHC-K:3314 MFA No. 200784 of 2023 orthopedic surgeon assessed limb disability as well as whole body disability at 85% due to amputation on right limb above knee. Though, there appears to be scope for artificial limb, there is no award towards same. In any case, artificial limb would be mitigating factor to some extent and claimant would not be able to work as earlier. Under such circumstances, assessment of whole body disability at 45% is grossly inadequate and it is found appropriate to enhance it to 70%. Thus, computation of future loss of income would be Rs.18,550/- x 70% x 12 x 18 = Rs.28,04,760/-. 12. Tribunal has awarded Rs.20,000/- towards food and other incidental expenses, which appears to be justified. 13. Taking note of ratio prescribed by Hon’ble Supreme Court in case of Rajkumar v. Ajaykumar and Another2, award of Rs.20,000/- towards loss of amenities, even in case of amputation above knee, would appear grossly inadequate. Same is enhanced to Rs.1,50,000/-. It is further submitted that PW-2 had stated about need for another operation for removal of implants. However, there is no award towards future medical 2 (2011) 2 SCC 343 - 8 - HC-KAR NC: 2025:KHC-K:3314 MFA No. 200784 of 2023 expenses. Besides, award not only for fixation of artificial limb, but also for its periodical maintenance and replacement has to be made. Therefore, Rs.1,00,000/- is awarded towards future medical expenses. Thus, claimant would be entitled for compensation of Rs.37,20,259/- as follows: 1. Pain and sufferings Rs.1,50,000/- 2. Medical expenses Rs.4,15,999/- 3. Loss of earning during laid up period Rs.79,500/- 4. Loss of future earning, disability Rs.28,04,760/- 5. Nutritious food and attendant charges Rs.20,000/- 6. Loss of future amenities and loss of happiness Rs.1,50,000/- 7. Future medical expenses Rs.1,00,000/- Total Rs.37,20,259/- 14. Consequently, following order: ORDER i Appeal is allowed in part. ii Judgment and award dated 07.12.2022 passed by III Addl. Senior Civil Judge and MACT, - 9 - HC-KAR NC: 2025:KHC-K:3314 MFA No. 200784 of 2023 Kalaburagi in MVC no.797/2019 is modified. Claimant is held entitled for compensation of Rs.37,20,259/- with 6% interest p.a. from date of petition, till deposit. iii Respondent no.2-insurer is held liable and is directed to despite compensation before Tribunal within a period of six weeks from today. iv On deposit, terms and conditions for deposit/release of enhanced compensation would be as per tribunal’s order. Sd/- (RAVI V HOSMANI) JUDGE NJ List No.: 1 Sl No.: 44