- 1 - HC-KAR NC: 2025:KHC-K:5673-DB MFA No. 200833 of 2021 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCL. FIRST APPEAL NO.200833 OF 2021 (MV-I) BETWEEN: DR. HAFSA SANA D/O LATE SYED SALEEM, AGE: 26 YEARS, OCC: NIL, R/O. H.NO.11-1041/34/J8/5, OPP. HUSSAIN PUBLIC SCHOOL, IQBAL COLONY, MSK MILL, KALABURAGI. …APPELLANT (BY SRI. KRUPA SAGAR PATIL, ADVOCATE) AND: 1. SRI. SYED MOINUDDIN ARSHAN S/O LATE SYED SALEEM, AGE: 32 YEARS, OCC: BUSINESS AND R.C. HOLDER OF ERTIGA CAR BEARING NO. KA.32/P.0982, OPP. HUSSAIN PUBLIC SCHOOL, IQBAL COLONY, MSK MILL, KALABURAGI-585 104. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., 1ST FLOOR, BILGUNDI MASON, STATION ROAD, KALABURAGI-585 102. …RESPONDENTS (BY SRI. MANVENDRA REDDY, ADV. FOR R2; R1-SERVED) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5673-DB MFA No. 200833 of 2021 THIS MFA IS FILED U/S 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND MACT, KALABURAGI, IN MVC NO.801/2019, DATED 03.03.2021, BY ENHANCING THE COMPENSATION AS PRAYED FOR. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) In an unfortunate incident which had occurred on 11.12.2017 at 5.30 p.m., when the appellant along with her mother and relatives were traveling in their Ertiga Car bearing registration No.KA.32/P.0982, met with an accident due to the rash and negligent driving by its driver, colliding with road divider, wherein the appellant/injured sustained severe injuries and lost her mother while she was in treatment. 2. This appeal is by claimant - appellant seeking for enhancement of compensation arising out of judgment and - 3 - HC-KAR NC: 2025:KHC-K:5673-DB MFA No. 200833 of 2021 award dated 03.03.2021 in MVC No.801/2019 passed by II Additional Senior Civil Judge and Member, M.A.C.T, Kalaburagi, whereby the Tribunal considered the entire case on merits, awarded a compensation of Rs.19,02,700/- taking the disability at 30%. 3. The date of accident, involvement of vehicle, injuries suffered resulting in disability to Dr. Hafsa Sana daughter of Late Syed Saleem and liability to pay the compensation are not dispute. The only dispute is with respect to inadequate compensation awarded by the Tribunal. 4. Heard Sri Krupa Sagar Patil, learned counsel appearing for the appellant/claimant and Sri Manvendra Reddy, learned counsel appearing for respondent No.2 -Insurance Company. Respondent No.1 though served, remained unrepresented. 5. Sri Krupa Sagar Patil, learned counsel for the appellant with all vehemence submitted that the appellant completed her course working as a Dental Surgeon, aged about 24 years, earning income of Rs.25,000/- per month suffered injuries in an unfortunate incident which has resulted in - 4 - HC-KAR NC: 2025:KHC-K:5673-DB MFA No. 200833 of 2021 disability confining injured to bed, whereby all her aspirations were shattered. She has lost all her hopes in life and now confined to bed. As per Exhibit P29 - Convocation letter issued by the Rajeev Gandi University of Health Sciences, Karnataka, clearly shows that she is a Bachelor of Dental Surgery. The marks card produced at Exhibit P24-27 including the letter of appreciation issued by the Rajeev Gandhi University, which clearly depicts that the injured he has completed her Bachelor Degree in Dental Surgery. The Tribunal has failed to consider this aspect of the matter in the teeth of evidence by the Doctor wherein the doctor has clearly pictured the pathetic conditions under which the injured is undergoing confining to bed and not able to do any work and even require an assistance for day to day affairs. The Tribunal has failed to consider the entire aspect. The Tribunal has taken the disability at 30% but failed to consider that which has resulted in 100% loss of earning capacity. The appellant who was 24 years, an unmarried girl at the time of accident, now due to the injuries, lost her prospects of marriage. In the circumstances, compensation awarded under each head except the medical expenses. requires re- consideration and re-determination. further sought, to award - 5 - HC-KAR NC: 2025:KHC-K:5673-DB MFA No. 200833 of 2021 compensation under the loss of future medical expenses and loss of marriage prospectus. 6. The injuries suffered resulted in permanent disability as per the doctors are examined as PW2 and PW3 who was an Orthopedic Surgeon stated that the fracture injuries have resulted in 56.6% total body disability and amounts to 100% loss of functional disability which would come in the way of her earning. Whereas the doctor - PW3, who is a Surgical, Neurological and Cryosurgical consultant, Kalaburagi, has clearly stated the pathetic condition of the appellant. In the examination chief, he has clearly stated that the patient is unable to get up from bed, sit or stand. No movements in left side upper and lower limbs and no strength in left upper and lower limbs and unable to hold object in hand, unable to stand, unable to do daily activities like clothing, toileting, teething, eating food etc and she needs assistance. She is dependent on the relatives/nurses for daily activities and cleanliness. She is facing problems like sleeplessness, lethargy, anxiety, sad thoughts, depressed mood etc. He has clearly stated that the patient experienced traumatic brain injury found clinically and radiologically following the accident. The left side upper motor - 6 - HC-KAR NC: 2025:KHC-K:5673-DB MFA No. 200833 of 2021 neuron hemiplegia due to post accident encephalomalacia in R- partial region and gliosis in R-FTO region and it amounts to neurological disability of 56%. She needs expert assistance for daily activities in physiotherapy that may cast around Rs.15,000/- to Rs.20,000/- per month and she has suffered 40% to the entire body and permanent in nature. 7. To buttress his argument, he has relied on the judgment of co-ordinate bench of this Court, in MFA No.104894/2019 connected with MFA No.103864/2018, wherein the co-ordinate Bench has considered the case of third year student of B.E who has breathed his last in an unfortunate incident occurred on 30.04.2016 and taken the income at Rs.25,000/- considering and his education qualifications, accordingly sought to enhance the compensation. 8. Refuting the submissions made by the learned counsel appearing for the appellant, Sri Manvendra Reddy with all vehemence submits that the Tribunal having considered the evidence of the doctor and the disability stated by two doctor one at 56% and another at 40%, though they have stated the condition of claimant, properly considered the disability at 30% - 7 - HC-KAR NC: 2025:KHC-K:5673-DB MFA No. 200833 of 2021 and awarded appropriate compensation. The compensation awarded under each head is reasonable, just and proper and does not call for any interference at the hands of this court. 9. Heard the learned counsel appearing for the parties, perused entire appeal papers so also the Trial Court Record, the point that would arise for consideration is: Whether the Tribunal is justified in awarding a meager compensation compared to the injuries suffered, which has resulted in disability? if the answer is negative, whether the compensation requires re-determination? 10. Our answer to the above for consideration is in ‘negative’ and the compensation requires re-determination for the following: REASONS 11. It is not in dispute that the appellant/claimant is a recipient of degree in bachelor of Dental Surgeon in 2016 and working since then as a dental surgeon. In the unfortunate incident she has suffered injury, resulting in disability and confining her to bed. As per the marks card, the appreciation letter and the convocation certificate, the claimant/appellant - 8 - HC-KAR NC: 2025:KHC-K:5673-DB MFA No. 200833 of 2021 has completed her degree in 2016 and since then she was working as a dental surgeon earning more than Rs.25,000/- per month as income. As rightly contended by the learned counsel appearing for the appellant, in view of the order of the co- ordinate bench in the case of Shri Mallikarjuna and Others, Vs. Shri Umesh and Another dated 28.02.2020, we find it appropriate to consider the income at Rs.25,000/-, as the appellant completed her degree and working as dental surgeon. The evidence of the doctor clearly depicts the pathetic condition of the appellant who is confined to bed, requires assistance even for day to day affairs including bathing, eating etc, as stated by the Doctor. In view of the same, the disability is stated to be 40% and 56% per Orthopedic Surgeon and Neurological Consultant. Looking to the condition, the same works to 100% loss towards earning capacity. The Hon’ble Apex Court in the case of JITENDRAN VS. NEW INDIAN ASSURANCE COMPANY LTD., AND ANOTHER1, has considered the case of claimant who has sustained 69% of disability. On considering the age of claimant therein, taken the same as 100% towards loss of earning capacity and added 1 (2022) 15 SCC 620 - 9 - HC-KAR NC: 2025:KHC-K:5673-DB MFA No. 200833 of 2021 40% towards the existing income. So also, granted the compensation under the head - Attendant Charges, taking the income Rs.5,000/- per month and applying multiplier as that of the claimant and awarded appropriate compensation. Applying the same in the case on hand, as considered by the Hon'ble Apex Court at Paragraph No. 10, though the disability stated at 56% and 40% by the doctors, however, according to the evidence of the doctor wherein the condition of appellant has been stated that she is confined to bed, requires an assistant even for day to day affairs, the same amounts to 100% loss of earning capacity. An young girl, aged 24 years, lost all her aspirations in life who has just started her career as a dental Surgeon and now confined to bed and not in a position to move and requires an assistance for day to day affairs. This has scattered the aspirations of the injured as well as her family members, who have taken care of her full-time by devoting their time and resources, and the distress caused by the disability reflects the profound challenges the claimant will have to face throughout her life. She has lost her all aspiration including marriage prospectus and depending on others even for daily activities as stated by the doctor. Considering the - 10 - HC-KAR NC: 2025:KHC-K:5673-DB MFA No. 200833 of 2021 severe condition, as observed by the Hon'ble Apex Court in Jitendran (supra), though any amount of compensation may not restore the appellant to the condition she was before the accident, it may nevertheless provide some solace and financial support to the injured and the family in caring for her and such compensation must be awarded in a manner that falls within the expression just compensation. Accordingly, taking note of the age being 24 years, the appropriate multiplier being ‘18’, taking 100% loss of earning capacity, 40% required to be added to the existing income and since the appellant is a lady, she requires special care and comfort by a constant attendant, which requires a little hike in the remuneration considered under the Jitendran (supra). As the care by the attendant involves sensitive care and comfort. Considering all these aspects, looking to the compensation awarded under all the heads, except the medical expenses, are on the lower side. The Tribunal has failed to award any compensation towards Future Medical Expenses so also the Loss of Marriage Prospectus. In these circumstances, the compensation awarded by the Tribunal requires re-consideration and re— determination. - 11 - HC-KAR NC: 2025:KHC-K:5673-DB MFA No. 200833 of 2021 12. Accordingly, we proceed to re-determine the compensation taking income at Rs.25,000/-, adding 40% towards Future Prospectus and multiplier as ‘18’ and also awarding compensation under other heads supra, the same works out to: 1. Loss of future earning capacity (25,000 + 40% x 12 x 18) Rs.75,60,000/- 2. Pain and suffering Rs.1,50,000/- 3. Towards Food and Extra Nourishment and Medical Attendant (including conveyance, since she was inpatient for 41 days ) Rs.60,000/- 4. Medical expenses Rs.11,01,500/- 5. Future medical expenses Rs.3,00,000/- 6. Loss of amenities Rs.2,00,000/- 7. Attendant charges (6,000 x 12 x 18) Rs.12,96,000 8. Marriage prospects Rs.3,00,000/- Total 1,09,67,500/- On the determination, the appellant/claimant entitled for a sum of Rs.1,09,67,500/- as against Rs.19,02,700/-. Accordingly the enhanced compensation works out to be Rs.90,64,800/- which is rounded off to Rs.90,65,000/-. The enhanced compensation shall carry interest at 6 % per annum from the date of petition till realisation. - 12 - HC-KAR NC: 2025:KHC-K:5673-DB MFA No. 200833 of 2021 13. For the forgoing reasons, we answered the point of consideration in the negative that the Tribunal has not awarded appropriate compensation within the expression just compensation and the same requires re-determination and accordingly re-determined and we proceed to pass the following: ORDER i) The appeal is allowed. ii) The judgment and award dated 03.03.2021 in MVC No.801/2019 passed by II Additional Senior Civil Judge and Member, M.A.C.T, Kalaburagi, is hereby modified and re-determined to Rs.1,09,67,500/- as against Rs.19,02,700/-. The enhanced compensation would comes to Rs.90,64,800/- rounded off to Rs.90,65,000/-. The enhanced compensation shall carry interest at the - 13 - HC-KAR NC: 2025:KHC-K:5673-DB MFA No. 200833 of 2021 rate of 6% per annum from the date of petition till realisation. iii) The respondent No.2 - insurance company shall deposit the entire enhanced compensation along with the accrued interest stated supra, within 6 weeks from the date of receipt of copy of this order before the concerned Tribunal. iv) Upon deposit, 90% of the deposited compensation along with accrued interest shall be deposited in any interest bearing Fixed Deposit of any nationalized bank for a period of 3 years with a renewable clause of another three terms of three years each, balance 10% along with accrued interest shall be released in favor of the appellant on proper identification. - 14 - HC-KAR NC: 2025:KHC-K:5673-DB MFA No. 200833 of 2021 v) The appellant/claimant is entitled only for the release of interest on the Fixed Deposit. vi) The bank is directed not to permit any loan on the Fixed Deposit without there being any order from the concerned Tribunal/Court. vii) No order as to cost. Sd/- (H.P.SANDESH) JUDGE Sd/- (T.M.NADAF) JUDGE THM List No.: 1 Sl No.: 35 CT: AK