- 1 - HC-KAR NC: 2025:KHC-K:3579 MFA No. 201669 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO. 201669 OF 2024 (MV-I) BETWEEN: RIYAJ S/O BABU SHAIKH, AGED 25 YEARS,OCC: SELF EMPLOYED, R/O: ANDUR, TQ: OSMANABAD AND DIST: ANDORA, MAHARASHTRA. …APPELLANT (BY SRI B. ALI MOHAMMED, ADVOCATE) AND: 1. BASAVARAJ S/O MALLIKARJUN VIBHUTE, AGE: 40 YEARS, OCC: OWNER OF TATA INTRA GOODS VEHICLE BEARING REG NO.MH13DQ1440, R/O: AP102B, WANI GALLI, BARSHI ROAD, BALE TAL ROAD, NORTH SOLAPUR – 413 001. 2. THE MANAGER, TATA AIG GENERAL INSURANCE CO. LTD., OFFICE NO.1 AND 18, 5TH FLOOR, MAHAGAONKAR COMMERCIAL COMPLEX, DISTRICT COURT ROAD, VIVEKANANDA NAGAR, OPP: IOC PETROL PUMP, KALABURAGI – 585 102. …RESPONDENTS (BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO MODIFY IMPUGNED JUDGMENT AND AWARD DATED 25.01.2024 CAUSED IN MVC NO.48/2023 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND MACT KALABURAGI, BY GRANTING COMPENSATION AS CLAIMED IN THE CLAIM PETITION AND THIS MISCELLANEOUS FIRST APPEAL MAY BE ALLOWED AS PRAYED WITH COST. Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3579 MFA No. 201669 of 2024 THIS MFA COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Though appeal is listed for admission, with consent of learned counsel for parties, it is taken up for final disposal. 2. Challenging judgment and award dated 25.01.2024 passed by Principal Senior Civil Judge and Motor Accident Claims Tribunal, Kalaburagi, (for short, ‘Tribunal’) in MVC no.48/2023, this appeal is filed. 3. Sri B.Ali Mohammed, learned counsel submitted, appeal was by claimant for enhancement of compensation. It was submitted, at about 8:30 a.m., on 05.12.2022, claimant was riding motorcycle bearing no.MH-25/AB-3204 on Tuljapur to Naldurga road, near Haglur Pati, driver of goods vehicle bearing no.MH-13/BQ-1440 drove it in rash and negligent manner in wrong direction and dashed against motorcycle causing accident. In accident, claimant sustained fracture of frontal bone, communited fracture of frontal bone, fracture of nasal bone with haemotoma and other grievous injuries. - 3 - HC-KAR NC: 2025:KHC-K:3579 MFA No. 201669 of 2024 Despite taking treatment at CNS Hospital, Solapur, he did not recover fully and sustained permanent physical disability and loss of earning capacity. Therefore, he filed claim petition under Section 166 of Motor Vehicles Act, against owner and insurer of goods vehicle. 4. On contest, wherein, owner admitted accident, stated driver was holding valid and effective driving licence and vehicle was insured with respondent no.2 and policy was in force. While insurer denied age, occupation and income of claimant as well as occurrence of accident involving insured vehicle, tribunal framed issues and recorded evidence. Claimant examined himself and Dr.Rajendra Kothari as PWs.1 and 2 and got marked Exs.P1 to P18, while insurer examined its official as RW.1 and got marked insurance policy as Ex.R1. 5. On consideration, tribunal held accident occurred due to rash and negligent driving of goods vehicle by its driver, claimant sustained permanent physical disability, loss of earning capacity and entitled for compensation from insurer as follows: - 4 - HC-KAR NC: 2025:KHC-K:3579 MFA No. 201669 of 2024 Sl.No. Heads of Compensation Amount 1 Towards Medical Expenses Rs.5,51,272/- 2 Towards Pain and Suffering Rs. 15,000/- 3 Towards Loss of income during period of treatment, diet, food, nourishment & attendant charges Rs. 41,000/- 4 Towards Loss of future earning capacity Rs.4,51,350/- 5 Towards Loss of enjoyment of life and amenities Rs. 10,000/- Total Rounded off to Rs.10,68,622/- Rs.10,68,600/- 6. Dissatisfied with compensation, appeal was filed. It was submitted, claimant had stated that he was working as Cable Operator and earning Rs.25,000/- per month. Tribunal erroneously assessed monthly income at Rs.14,750/- which was not justified. It was further submitted, claimant sustained fracture of frontal bone, comminuted fracture of frontal bone and nasal bone. PW.2 assessed disability at 46%, however, tribunal considered functional disability at 15% which calls for enhancement. Though claimant sustained two fractures, award of Rs.15,000/- towards pain and suffering was meager and sought enhancement. It was submitted, claimant had taken inpatient treatment for 41 days. Award of Rs.41,000/- towards loss of income during laid-up period, diet, food, nourishment - 5 - HC-KAR NC: 2025:KHC-K:3579 MFA No. 201669 of 2024 and attendant charges was on lower side. Even award of Rs.10,000/- towards loss of amenities was not justified and sought enhancement. 7. On other hand, Sri Subhash Mallapur, learned counsel for respondent-insurer opposed appeal. It was submitted, tribunal had taken note of various facts and circumstances and awarded compensation under each head separately. Therefore, there was no scope for enhancement. 8. Heard learned counsel. Perused impugned judgment and award and certified copies of Exs.P6 and P7-Discharge summary and Ex.P13-Disability certificate made available by learned counsel for claimant. 9. From above and since only claimant is in appeal for enhancement of compensation while insurer has accepted award, point that would arise for consideration is: “Whether claimant is entitled for enhancement of compensation as sought for?” 10. This appeal is by claimant for enhancement of compensation. Occurrence of accident, involvement of insured - 6 - HC-KAR NC: 2025:KHC-K:3579 MFA No. 201669 of 2024 vehicle, claimant sustaining loss of earning capacity and being entitled for compensation from insurer are not in dispute. Insofar as monthly income, though claimant has stated that he was working as Cable Operator and doing printing work, same is not substantiated with any specific material. In absence, tribunal assessed monthly income at Rs.14,250/- however, computation is by taking Rs.14,750/- as monthly income. Notional income for year 2022 as adopted by Karnataka State Legal Services Authority, being Rs.14,750/- per month, assessment of monthly income would be just and proper. 11. Claimant sustained compound fracture of left frontal bone, depressed fracture of left frontal bone, hemorrhagic bilateral frontal contusion with Subarachnoid Hemorrhage (SAH) apart from fracture of nasal bone, as indicated in discharge summary at Exs.P6 and P7. Fracture of frontal bone and nasal bone would be major fractures since they have resulted in SAH. Therefore, tribunal was not justified in awarding only Rs.15,000/- towards pain and suffering, same is enhanced to Rs.60,000/-. Tribunal has awarded Rs.5,51,272/- against medical bills which is in complete reimbursement, - 7 - HC-KAR NC: 2025:KHC-K:3579 MFA No. 201669 of 2024 leaving no scope for enhancement. Tribunal has awarded Rs.41,000/- towards loss of income during laid-up period, diet, food, nourishment and attendant charges. Loss of income during laid-up period has to be awarded separately from other incidental expenses. Normally, fractures take three months to heal. Considering fact that claimant has taken treatment over a period of seven months, it would be appropriate to consider period of four months as laid-up period resulting in compensation of Rs.59,000/- in addition to retaining award of Rs.41,000/- towards diet, food, nourishment and attendant charges. 12. PW.2 assessed disability of claimant at 46%. Tribunal moderated it to 15% to whole body on ground that PW.2 is not a neurosurgeon. While appreciating fact that claimant had sustained fracture to frontal bone and suffered SAH, its exact manifestation on earning capacity has not been spoken to by competent neurosurgeon or psychiatrist. In absence, assessment by General Surgeon is rightly disbelieved by tribunal. Perusal of Ex.P13 would indicate apportionment of disability at 10% to loss of hearing and 40% towards cognitive - 8 - HC-KAR NC: 2025:KHC-K:3579 MFA No. 201669 of 2024 functions. There is no statement about clinical examination to co-relate manifestation of head injury on earning capacity. However, taking note of fact that claimant has taken treatment not only for fractural injuries, but also for incoherent speech and forgetfulness etc., assessment by tribunal at 15% to whole body appears to be just and proper. Though learned counsel for claimant sought for addition of future prospects to monthly income, it is seen that addition of future prospects to monthly income is only in case where disability assessed is substantial i.e., more than 50%. Therefore, prayer for addition of future prospects is also unsubstantiated. Thus, compensation towards future loss of income computed by tribunal would sustain. Taking note of fact that PW.2 assessed disability and claimant has taken treatment not only for fractural injuries, but also for forgetfulness etc., award of Rs.10,000/- towards loss of amenities would be grossly inadequate. It is found fit to enhance it to Rs.60,000/-. Thus, claimant is held entitled for total compensation of Rs.12,22,622/-. Point for consideration is answered partly in affirmative as above. Consequently, following: - 9 - HC-KAR NC: 2025:KHC-K:3579 MFA No. 201669 of 2024 ORDER i. Appeal is allowed in part, judgment and award dated 25.01.2024 passed by Principal Senior Civil Judge and Motor Accident Claims Tribunal, Kalaburagi, in MVC no.48/2023 is modified. Claimant is held entitled for total compensation of Rs.12,22,622/- as against Rs.10,68,600/- awarded by Tribunal with interest at rate of 6% per annum from date of petition till deposit. ii. Respondent-insurer to deposit enhanced compensation before tribunal within a period of six weeks. iii. Taking note of fact that out of total award amount, as nearly Rs.5,00,000/- is towards medical expenses and tribunal had ordered for depositing of 50% of award amount, it is found fit to direct tribunal to release entire enhanced compensation to claimant. Sd/- (RAVI V HOSMANI) JUDGE NB List No.: 1 Sl No.: 48 Ct: VK