- 1 - HC-KAR CNR: KAHC010602962023 NC: 2026:KHC:40184 MFA No. 7688 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 7688 OF 2023 (MV-I) BETWEEN: SRI LAKSHMIKANTHAIAH R S/O RANGANATHAPPA H.R. AGED ABOUT 47 YEARS R/O RANGANATHAPURA HUYILDORE POST BUKKAPATTNA HOBLI SIRA TALUK-572 511. TUMAKURU DISTRICT. PERMANENT RESIDENT OF CHIRAYU NILAYA MAHALAKSHMI NAGARA 3RD PHASE, BATAWADI-572 103. TUMAKURU DISTRICT. …APPELLANT (BY SRI V B SIDDARAMAIAH, ADVOCATE) AND: 1. THE TATA AIG GENERAL INSURANCE CO.LTD., 2ND FLOOR A) AND DEVI JAMMUKESHWAR ARCHADE No.69, MILLERS ROAD BENGALURU-560 052. REP. BY ITS BRANCH MANAGER. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010602962023 NC: 2026:KHC:40184 MFA No. 7688 of 2023 2. SRI PRAKASH R S/O RANGANNA AGED ABOUT 52 YEARS R/AT KAMBADAHALLI, HUYILDORE POST BUKKAPATTANA HOBLI SIRA TALUK-572 511 TUMAKURU DISTRICT. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI PRADEEP B, ADVOCATE FOR R1 V/O DTD. 13.03.2024, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.05.2023 PASSED IN MVC No.760/2020 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimant seeking enhancement of the compensation awarded in judgment and award dated 11.05.2023 passed in MVC No. 760/2020 by the III Additional Senior Civil Judge and MACT, Tumakuru. - 3 - HC-KAR CNR: KAHC010602962023 NC: 2026:KHC:40184 MFA No. 7688 of 2023 2. Even though the matter is listed for `Admission’ today, with the consent of the learned counsel appearing for the appellant and learned counsel appearing for respondent No. 1 it is taken up for disposal. 3. Appellant - claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on 28.01.2020 contending that the accident occurred due to the rash and negligent driving by the driver of the light goods vehicle bearing registration No.KA-06-AA-2059. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: Towards loss of future earnings Rs.12,18,000.00 Towards Medical Expenses Rs.5,37,120.00 Towards pain, sufferings and trauma Rs.3,00,000.00 Towards expectation of life Rs.1,00,000.00 Towards loss of earnings during laid up period and attendant charges Rs.1,00,000.00 Towards transportation, Rs.50,000.00 - 4 - HC-KAR CNR: KAHC010602962023 NC: 2026:KHC:40184 MFA No. 7688 of 2023 nutrition & miscellaneous charges Towards future medical expenses (towards fixation of artificial limb) Rs.50,000.00 Total Rs.23,55,120.00 4. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 1 – Insurer to deposit the said award amount with interest. Claimant, seeking enhancement of the compensation awarded, has filed the present appeal. 5. Heard learned counsel for appellant - claimant and learned counsel for respondent No.1 – Insurer. 6. Learned counsel for appellant - claimant would contend that the claimant has sustained amputation of right leg and fracture of tumor and radius. P.W.3 – Doctor has assessed the disability to the whole body at 30% and the Tribunal has taken functional disability at 50%. He further submits that claimant was doing milk vending and agriculture and due to amputation of leg his functional - 5 - HC-KAR CNR: KAHC010602962023 NC: 2026:KHC:40184 MFA No. 7688 of 2023 disability is to be taken at 100% in view of the decision of the Hon'ble Apex Court in the case of Prahlad Sahi Vs. Haryana Roadways and another reported in 2026 INSC 396 wherein for amputation of right leg of driver functional disability is taken at 100%. He further submits that claimant requires prosthetic limb and it has to be changed once in every 5 years and for its maintenance he has to spend Rs.15,000/- per year and for the block period of 5 years it is Rs.75,000/-. He, placing reliance on the very same decision submits that the Apex Court has awarded Rs.3,00,000/- per limb on a standard basis for seven limbs considering the age of the claimant. In the case on hand age of the claimant is 44 years and considering the life span as 70 years, he requires change of prosthetic limb for 5 times. With this he prayed to allow the appeal. 7. Learned counsel for respondent No. 1 would contend that P.W.3 - Doctor has stated that cost of prosthetic limb is Rs.2,00,000/-. Claimant was milk vendor - 6 - HC-KAR CNR: KAHC010602962023 NC: 2026:KHC:40184 MFA No. 7688 of 2023 and doing agricultural work and he can continue his milk vending with prosthetic limb and therefore, functional disability cannot be taken at 100% as contended. The compensation awarded towards `pain and suffering’ and `loss of income during laid up period’ are on higher side. With this he prayed to dismiss the appeal. 8. Having heard learned counsel for the parties, this Court has perused the judgment, award and trial Court records. 9. P.W.3 is the Doctor who has assessed the disability and stated that the claimant is having 30% disability to the whole body. There is amputation of right leg below the knee and it can be seen from the photographs which are at Ex.P.17. Claimant had sustained the following injuries: i) Comminuted fracture of distal end of right radius ii) Comminuted fracture of both bones of right leg iii) Comminuted fracture of distal femur - 7 - HC-KAR CNR: KAHC010602962023 NC: 2026:KHC:40184 MFA No. 7688 of 2023 10. Evidence of the Doctor – P.W.3 and Ex.P.9 indicate that the claimant has undergone operation and plates are fixed. The Tribunal has taken the disability of the claimant at 50%. Avocation of the claimant is milk vending and agriculture. Decision on which reliance is placed by the learned counsel for appellant pertains to a driver whose right leg was amputated. Considering the same, the Hon'ble Apex Court has taken the disability at 100%. In the case on hand avocation of the claimant is milk vending and agriculture. Considering the same, claimant can continue with milk vending with prosthetic limb and therefore, disability cannot be taken at 100%. Functional disability is to be taken at 90%. Since the claimant is aged 44 years future prospects is to be taken at 25% and multiplier applicable is 14. The Tribunal has rightly taken the notional income at Rs.14,500/-. Therefore, loss of future income is calculated as under: 14500 + 3625 (25%) = 18125 18125 X 12 X 14 X 90% = Rs.27,40,500/- - 8 - HC-KAR CNR: KAHC010602962023 NC: 2026:KHC:40184 MFA No. 7688 of 2023 11. Considering the injuries noted above, compensation awarded by the Tribunal towards `pain and suffering’ in a sum of Rs.3,00,000/- is on higher side and claimant is entitled to Rs.1,50,000/-. 12. The Tribunal rightly awarded `loss of amenities’ in a sum of Rs.1,00,000/- and medical expenses in a sum of Rs.5,37,120/-. 13. The claimant has to undergo surgery for removal of implant and for that he is awarded Rs.50,000/- towards medical expenses. 14. Claimant was admitted in hospital for 40 days and considering the same, compensation awarded by the Tribunal towards `transportation, nutrition and miscellaneous charges’ in a sum of Rs.50,000/- is just and proper. 15. The Tribunal has awarded `loss of income during laid up period’ in a sum of Rs.1,00,000/-. Considering the injuries sustained by the claimant, he had to take rest for at-least 6 months and therefore, he is - 9 - HC-KAR CNR: KAHC010602962023 NC: 2026:KHC:40184 MFA No. 7688 of 2023 entitled to `loss of income during laid up period’ in a sum of Rs.87,000/- (14500 X 6) as against Rs.1,00,000/- awarded by the Tribunal. 16. P.W.3 – Doctor who has examined the claimant and assessed the disability has stated the cost of prosthetic limb as Rs.2,00,000/-. Since the claimant is aged 44 years and considering the life span as 70 years and that life of prosthetic limb as 5 years, claimant will need 5 prosthetic limbs. Therefore, he is entitled to a sum of Rs.10,00,000/- (2,00,000 x 5) towards prosthetic limb. 17. The Hon'ble Apex Court in the case of Prahlad Sahi (supra) has observed as under: “31. The appellant was thirty-two years in 2007. Applying an assumed life span of seventy years as the maximum for which as a standard formula compensation for prosthetic limb is awarded and calculating the life of one prosthetic limb as five years, the appellant will need seven prosthetic limbs. Insofar as the price is concerned, the appellant has claimed the 2007 price for the first block with interest @ 9 per cent. Though he has claimed for eight limbs - 10 - HC-KAR CNR: KAHC010602962023 NC: 2026:KHC:40184 MFA No. 7688 of 2023 the correct proportion to award would be seven limbs, since the amputation happened on 17.07.2009. 32. We are inclined to award, like in Md. Shabir (supra), a consolidated amount towards the price. We are inclined to grant Rs.3,00,000/- per limb on a standard basis for seven limbs. In view of the fact that a consolidated amount is being paid, no interest from the date of the accident is awarded. Considering that the price has been arrived at by broadly applying the case Md. Shabir (supra), which we find reasonable, we are not inclined to proceed on the basis of the notification relied upon by the Insurance Company. 33. We are also inclined to award cost of maintenance of prosthetic limb at Rs.15,000/- annually. For a block of five years, it would work out to approximately Rs. 75,000/-. We award a consolidated sum of Rs. 5,00,000/- till the assumed life span of seventy years.” 18. As per the said decision, cost of annual maintenance of prosthetic limb is Rs.15,000/- and for a block period it is approximately Rs.75,000/-. Considering - 11 - HC-KAR CNR: KAHC010602962023 NC: 2026:KHC:40184 MFA No. 7688 of 2023 the same, towards maintenance of prosthetic limb claimant is entitled to Rs.3,75,000/- (75000 X 5). 19. Considering the said aspects, claimant is entitled total compensation as under: 1 Future income Rs.27,40,500/- 2 Pain and suffering Rs.1,50,000/- 3 Loss of amenities Rs.1,00,000/- 4 Medical expenses Rs.5,37,120/- 5. loss of income during laid up period Rs.87,000/- 6. Conveyance, attendant charges and food and nourishment Rs.50,000/- 7. Future medical expenses Rs.50,000/- 8. Prosthetic limb Rs.10,00,000/- 9. Maintenance of Prosthetic limb Rs.3,75,000/- Total Rs.50,89,620/- 20. Claimant is entitled to total compensation of Rs.50,89,620/- as against Rs.23,55,120/- awarded by the Tribunal with interest at the rate of 6% p.a. from date of petition till the date of realization. Consequently, the claimant is entitled enhanced compensation of Rs.27,34,500/-. Claimant is not entitled to interest on - 12 - HC-KAR CNR: KAHC010602962023 NC: 2026:KHC:40184 MFA No. 7688 of 2023 compensation awarded under the heads `future medical expenses’ in a sum of Rs.50,000/-, Prosthetic limb in a sum of Rs.10,00,000/- and maintenance of prosthetic limb in a sum of Rs.3,75,000/-, totally Rs.14,25,000/-. Claimant is entitled to interest at the rate of 6% p.a. from the date of petition till the date of realization on Rs.13,09,500/-[Rs.27,34,500-14,25,000]. Respondent No. 1 – Insurer is liable to pay the said enhanced compensation with interest. 21. In view of the above, the following; O R D E R i) Appeal is allowed in part. ii) Appellant - claimant is entitled to enhanced compensation of Rs.27,34,500/-. iii) Appellant - claimant is entitled to interest at the rate of 6% p.a. from date of petition till the date of realization on a sum of Rs.13,09,500/-. iv) Respondent No. 1 – Insurer is directed to deposit the enhanced compensation with interest before - 13 - HC-KAR CNR: KAHC010602962023 NC: 2026:KHC:40184 MFA No. 7688 of 2023 the Tribunal within a period of six weeks from this day. v) Claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 44 Ct.sm