- 1 - NC: 2025:KHC-K:1869 MFA No. 200933 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.200933 OF 2023 (MV-I) BETWEEN: ANAND S/O BHIMAPPA, AGE: 30 YEARS, OCC: COOLIE (NOW NIL), R/O H.NO.1-3-23, HANUMAN NAGAR, YADAGIRI, TQ. AND DIST. YADAGIRI. …APPELLANT (BY SRI. VEERANAGOUDA MALIPATIL, ADVOCATE) AND: 1. AMIT RATHOD S/O SHANKER, AGE: 42 YEARS, OCC: OWNER OF JEEP BEARING REG.NO.MH-13/CK-0482, R/O BORAOTI, KHURD, SHANKER LING THANDA, AKKALKOT, TQ. AKKALKOT, DIST. SOLAPUR-413 216. 2. THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, SANGAMESHWAR COLONY, KALABURAGI-585 102, THROUGH ITS DIVISIONAL MANAGER. …RESPONDENTS (BY SRI. MANVENDRA REDDY, ADV. FOR R2; R1-SERVED) Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1869 MFA No. 200933 of 2023 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL, THE JUDGMENT AND AWARD DATED 02.12.2022 IN MVC NO. 155/2021 PASSED BY THE MEMBER MACT II, AT YADAGIRI, MAY KINDLY BE MODIFIED BY ENHANCING THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION. THIS APPEAL COMING ON FOR FINAL HEARING, 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) 1. Heard learned counsel appearing for the appellant, learned counsel appearing for respondent- Insurance Company and perused the appeal papers. 2. Being aggrieved by the judgment in MVC No. 155/2021 passed by learned Member, MACT-II, Yadagiri dated 02.12.2022, the petitioner is before this Court in the appeal. 3. The petitioner had met with an accident on 4.11.2020 involving the jeep bearing No.MH.13.CK.0482 - 3 - NC: 2025:KHC-K:1869 MFA No. 200933 of 2023 due to the rash and negligent driving of its driver. The petitioner had sustained fracture of right shaft of tibia, fibula and dislocation of right shaft and fracture of right acetabulum and that he was coolie aged about 28 years at the time of the accident. The petitioner also contended that he has suffered permanent disability and therefore, adequate compensation be awarded. 4. The respondents, owner and insurer of the vehicle appeared before the Tribunal and they denied the negligence of the jeep driver. So also contended that the compensation claimed is highly exorbitant and imaginary. They denied the age, occupation and income of the petitioner. Inter alia, they also contended that there was negligence on the apart of the petitioner and therefore, the petition be dismissed. 5. On the basis of the above contentions, the Tribunal framed appropriate issues. The petitioner was examined as PW1 and the Doctor who assessed the disability was examined as PW2 and Exhibits P1 to P10 - 4 - NC: 2025:KHC-K:1869 MFA No. 200933 of 2023 were marked. The respondents have not adduced any evidence. However, copy of policy is marked as Ex.R1. 6. After hearing the arguments by both sides, the Tribunal has awarded the compensation of Rs.7,77,848/- under different heads as below: Loss of future earnings Rs. 4,59,000/- Medical expenses Rs. 1,63,848/- Pain and suffering Rs. 20,000/- Loss of earning during treatment period Rs. 45,000/- Attendant, conveyance, food and nourishment charges Rs. 20,000/- Loss of amenities Rs. 20,000/- Removal of implant Rs. 50,000/- Total Rs. 7,77,848/- 7. Being aggrieved by the said judgment, the petitioner has approached this Court in this appeal. 8. The learned counsel appearing for the appellant/ petitioner would submit that the compensation awarded by the Tribunal is on the lower side and therefore, there is need for reassessment of compensation. - 5 - NC: 2025:KHC-K:1869 MFA No. 200933 of 2023 9. Per contra, learned counsel appearing for respondent No.2-Insurance Company had defended the impugned judgment stating that the adequate compensation has been awarded by the Tribunal. 10. A perusal of the wound certificate at Ex.P5, the testimony of PW2 and the disability certificate issued by him at Ex.P7 would disclose that the petitioner had sustained dislocation of the right hip joint, dislocation of the right shoulder fracture of right acetabaulum, fracture of right shaft of tibia and fibula. He was in patient from 5.11.2020 to 19.11.2020. He underwent surgery by way of ORIF and CRIF for the fractures. The PW2 in his Disability Certificate at Ex.P7 states that there is disability of 38% to the right lower limb and he has not attributed any disability in respect of the upper limb. 11. The Tribunal, on going through the evidence available on record, came to the conclusion that the functional disability of the petitioner is 15%. It is pertinent to note that the petitioner being aged 28 years, the above - 6 - NC: 2025:KHC-K:1869 MFA No. 200933 of 2023 mentioned fractures, definitely contribute for the functional disability and the assessment of the Tribunal at 15% do not require any interference by this Court. 12. Similarly, the Tribunal has taken the notional income of the petitioner at Rs.15,000/- per month and this also do not require any interference by this Court. 13. The Tribunal has awarded a sum of Rs.20,000/- towards pain and sufferings. In the considered opinion of this Court, the same needs to be enhanced to Rs.50,000/- since there are three fractures and a dislocation. 14. The injuries sustained by the petitioner, definitely, would result in his loss of income during the laid up period. Considering the nature of the injuries suffered by the petitioner, it can safely be said that, he is unable to resume his work, at least for a period of 04 months. Hence, the same is reassessed at Rs.60,000/- (Rs.15,000/- x 4). - 7 - NC: 2025:KHC-K:1869 MFA No. 200933 of 2023 15. The Tribunal has awarded a sum of Rs.20,000/- under the head of loss of amenities in life and the same needs to be enhanced to Rs.40,000/-. Hence, the petitioner is entitled for a total compensation of Rs.8,42,848/- as below: Loss of future earnings Rs. 4,59,000/- Medical expenses Rs. 1,63,848/- Pain and suffering Rs. 50,000/- Loss of earning during treatment period Rs. 60,000/- Attendant, conveyance, food and nourishment charges Rs. 20,000/- Loss of amenities Rs. 40,000/- Removal of implant Rs. 50,000/- Total Less: Awarded by the Tribunal Enhancement Rs. 8,42,848/- Rs. 7,77,848/- Rs. 65,000/- 16. Thus, the petitioner is entitled to a sum of Rs.65,000/- in addition to what has been awarded by the Tribunal. In the result, the appeal deserves to be partly allowed and hence, the following: ORDER (i) The appeal is allowed in part. - 8 - NC: 2025:KHC-K:1869 MFA No. 200933 of 2023 (ii) The impugned judgment and award passed by the Tribunal is modified. (iii) The petitioner is entitled for a sum of Rs.65,000/- in addition to what has been awarded by the Tribunal along interest 6% p.a. from the date of the petition till its realization. (iv) Respondent No.2 – Insurance Company is directed to deposit the compensation amount within six weeks from the date of receipt of the copy of this judgment. Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 62 CT: AK