- 1 - HC-KAR CNR: KAHC010440032015 NC: 2026:KHC:40460 MFA No. 7995 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.7995 OF 2015(MV-I) BETWEEN: LOKESHA S/O RAMANNA, AGED ABOUT 50 YEARS, BUS TRANSPORT SERVICE OPERATOR, R/O D.NO.39, MIG, GOPALA MAIN ROAD, SHVIAMOGGA - 577 201. …APPELLANT (BY SRI. P.N. HARISH, ADVOCATE) AND: 1. SANTOSHA S/O SHIVALINGAPPA, AGED ABOUT 26 YEARS, BOLERO JEEP DIRVER-CUM-OWNER R/O DASARAHALLI VILLAGE, HOOVINAHADAGALLI TALUK - 583 219. BELLARY DISTRICT. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE:MOKTHALLA BUILDING, OPP. KSRTC BUS STAND, HAVERI - 581 110 POLICY NO. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010440032015 NC: 2026:KHC:40460 MFA No. 7995 of 2015 260302/31/12/01/00003698 VALID FROM 26.09.2012 TO 25.09.2013 …RESPONDENTS (BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R2; VIDE ORDER DATED 06.12.2021, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT & AWARD DATED 13.05.2015 PASSED IN MVC NO.337/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MACT-8, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed by the appellant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 13.05.2015 passed in MVC No.337/2013 by the Court II Additional Senior Civil Judge and AMACT-8, Shivamogga (hereinafter - 3 - HC-KAR CNR: KAHC010440032015 NC: 2026:KHC:40460 MFA No. 7995 of 2015 referred to as "the Tribunal") seeking enhancement of compensation. 3. Injured claimant met with an accident on 22.02.2012 and filed a claim petition seeking compensation of Rs.15,90,000/-. The Tribunal, after considering the entire evidence on record, awarded compensation of Rs.1,00,000/- with interest at the rate of 6% per annum from date of the petition till the date of deposit. 4. Aggrieved by the said judgment and award, the appellant has preferred the present appeal, contending that the Tribunal has awarded meager compensation under the various heads. The doctor assessed the permanent disability at 20%, however, the Tribunal did not award any amount towards medical expenses. The appellant was the proprietor of Shiva Motors, and the injuries sustained by him have adversely affected his earning capacity as the proprietor of the business. However, the Tribunal held that there was no loss of - 4 - HC-KAR CNR: KAHC010440032015 NC: 2026:KHC:40460 MFA No. 7995 of 2015 income and, therefore, did not award any compensation under that head. It further observed that the appellant's income had increased even after the accident. The appellant contends that, had the accident not occurred, the increase in his income would have been substantially higher. On these grounds, he request for enhancement of compensation. 5. Learned counsel for respondent No.2 stated the Tribunal rightly considered all the aspects and granted reasonable amount, which has to be confirmed. 6. Learned counsel for the appellant submitted that the appellant was a bus operator earning Rs.1,00,000/- per month. The appellant produced Income Tax Returns, marked as Exs.P.13 to P.17, for the assessment years 2012–2013 and 2013–2014. The annual income shown for the year 2012–2013 is Rs.2,18,900/-, and for the year 2013–2014 it is Rs.2,58,200/-. The accident occurred on 22.12.2012. On the basis of the Income Tax Returns, the average monthly income works - 5 - HC-KAR CNR: KAHC010440032015 NC: 2026:KHC:40460 MFA No. 7995 of 2015 out to Rs.21,500/-. The appellant was aged 40 years at the time of the accident, and the applicable multiplier is '13'. 7. The appellant produced Ex.P.6, the wound certificate, and Ex.P.7, the disability certificate. The doctor who issued the disability certificate was examined as PW.2. PW.2, an Assistant Professor of Orthopaedics, deposed that the appellant had sustained the following grievous injury: Right ankle fracture dislocation – Grievous. He further deposed that the appellant underwent open reduction and internal fixation of the right ankle fracture. The appellant was discharged on 04.01.2013 after staple removal and application of a cast. Thereafter, he was reviewed in the Orthopaedics Out-Patient Department on several occasions. The X-ray of the right ankle revealed: i. Union of the right ankle fracture, with implants seen in the medial and lateral malleolus; and - 6 - HC-KAR CNR: KAHC010440032015 NC: 2026:KHC:40460 MFA No. 7995 of 2015 ii. Good alignment of the ankle. PW.2 further stated that the appellant has difficulty in walking briskly, standing on the right leg alone, squatting, sitting on the floor, and climbing stairs. He assessed the permanent physical disability and the loss of physical function of the right lower limb. He also deposed that the appellant would require another surgery for removal of the implants, the estimated cost of which is Rs.30,000/-. Accordingly, he issued the disability certificate. 8. In view of the evidence of PW.2, this Court is of the opinion that there is no necessity to reduce the disability by taking one-third thereof. Accordingly, the disability is taken at 20% and not at 7%. 9. The appellant was admitted to the hospital from 22.12.2012 to 04.01.2013, i.e., for a period of 13 days. Learned counsel for the appellant submitted that the appellant had produced medical bills amounting to Rs.78,745/-. However, the Tribunal held that only photocopies of the medical bills had been produced and - 7 - HC-KAR CNR: KAHC010440032015 NC: 2026:KHC:40460 MFA No. 7995 of 2015 that the original bills were not filed. Consequently, no amount was awarded towards medical expenses. 10. The Tribunal further held that, even after the accident, the appellant continued his business and, therefore, did not suffer any loss of income. Learned counsel for the appellant, however, contended that had the appellant not sustained the injuries in the accident, he would have earned higher profits and, therefore, was entitled to compensation towards loss of future earning capacity. 11. Considering the nature of the injuries, the period of hospitalization, and the other material available on record, this Court is of the opinion that it would be just and reasonable to award compensation under the head of loss of future earning capacity by taking the monthly income at Rs.21,500/-, applying the multiplier of '13' and assessing the functional disability at 7%, which works out to Rs.2,34,780/- (Rs.21,500 × 12 × 13 × 7%). - 8 - HC-KAR CNR: KAHC010440032015 NC: 2026:KHC:40460 MFA No. 7995 of 2015 12. This Court also awards a sum of Rs.25,000/- towards loss of amenities. However, the appellant is not entitled to any compensation towards medical expenses, as the original medical bills were not produced before the Tribunal. The Tribunal has already awarded Rs.30,000/- towards future medical expenses, Rs.50,000/- towards pain and suffering, and Rs.30,000/- towards conveyance, attendant charges, food, and nourishment. The said amounts are found to be just and reasonable and are accordingly confirmed. 13. Thus, the compensation awarded by this Court is as follows: Particulars Amount in Rs. Loss of future earning capacity 2,34,780.00 Pain and suffering 50,000.00 Loss of amenities 25,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Future medical expenses 30,000.00 Total 3,69,780.00 - 9 - HC-KAR CNR: KAHC010440032015 NC: 2026:KHC:40460 MFA No. 7995 of 2015 14. In summary, the appellant/claimant is entitled to a total compensation of Rs.3,69,780/- as against Rs.1,00,000/- awarded by the Tribunal. The enhanced compensation works out to Rs.2,69,780/-. To this extent, the award passed by the Tribunal is modified. 15. In the result, pass the following: ORDER i. The appeal is allowed in-part. ii. The judgment and award dated 13.05.2015 passed in MVC No.337/2013 by the Court II Additional Senior Civil Judge and AMACT-8, Shivamogga, is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.2,69,780/-. (Rs.3,69,780/- minus Rs.1,00,000/-) with interest at the rate of 6% per annum from the date of petition till its realization. - 10 - HC-KAR CNR: KAHC010440032015 NC: 2026:KHC:40460 MFA No. 7995 of 2015 iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, Insurance Company is directed to deposit enhanced compensation of Rs.2,69,780/- with interest rate of 6% within one month from the date of this order. v. On such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 4