- 1 - HC-KAR CNR: KAHC010323892016 NC: 2026:KHC:39264 MFA No. 5485 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5485 OF 2016 (MV-I) BETWEEN: MANSURU S/O KHALANDRASAB AGE ABOUT 28 YEARS, R/O KUMBALURU VILLAGE, HARIHAR TALUK-577 201. …APPELLANT (BY SRI. HANUMANTHAPPA A., ADVOCATE) AND: 1. N.A. SIDDESHI S/O ANANDAPPA OWNER & DRRIVER OF THE AUTO BEARING REG. NO.KA-17-A-8225 KUMABALURU VILLAGE, HARIHAR-577 201. 2. THE MANAGER IFFCO-TOKIO GENERAL INSURANCE CO. LTD., SUDEY PALZA, 3RD FLOOR, LAXMI TEMPLE, DAJTHAN PETH, HUBLI-580 029. …RESPONDENTS (BY SRI. MURALIDHAR NEGAVAR., ADVOCATE FOR R2, R1 IS SERVED BUT UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.12.2015 PASSED IN MVC NO.203/12 ON THE FILE OF THE SENIOR CIVIL JUDGE & Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010323892016 NC: 2026:KHC:39264 MFA No. 5485 of 2016 MEMBER, ADDITIONAL MACT, HARIHAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 05.12.2015 passed in MVC No.203/12 on the file of the Senior Civil Judge & Member, Additional MACT, Harihar, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The injured claimant met with an accident on 06.07.2012 and filed claim petition, claiming compensation of Rs.5,00,000/-. The Tribunal considering the entire - 3 - HC-KAR CNR: KAHC010323892016 NC: 2026:KHC:39264 MFA No. 5485 of 2016 evidence on record, granted an amount of Rs.1,18,397/- along with interest at the rate of 6% per annum from the date of petition till deposit. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that he was working as a coolie and earning Rs.10,000/- per month. But the Tribunal erred in taking his income as Rs.6,000/- per month. The doctor assessed the disability as 10% permanent disability. The Tribunal granted meager amounts under the other heads. The petitioner was inpatient for 19 days. Therefore, requested for enhancement of the compensation and also granted interest at the rate of 12%, thus requested for enhancement of the compensation. 5. Though the petitioner stated that he was earning Rs.10,000/- per month, he has not filed any income. As he met with an accident in the year 2012, this court finds that it is just and reasonable to take his notional income as - 4 - HC-KAR CNR: KAHC010323892016 NC: 2026:KHC:39264 MFA No. 5485 of 2016 Rs.7,000/- per month, as per the chart prepared by Karnataka State Legal Services Authority. He was aged 24 years and the relevant multiplier is ‘18’. He filed Ex.P5/Wound Certificate, Ex.P65/Discharge card and also other relevant medical records. He also examined doctor as PW2 and the doctor issued Ex.P79/disability certificate. PW2 is an orthopedic surgeon and he stated that the petitioner sustained right sterno-clavicular joint subluxation, open reduction stainless steel wire fixation patient suffering from the ENT bleedings, pain neck and swelling, abration over face behind right ear sternoclavicular joint subluxation, pain and tenderness over right sterno Clavicular joint. Further, he is suffering difficulty in movements in his both shoulder and he is not in position to lift any heavy thing with his hands (because of his shoulder pain). Hence, as per Ex.P79/disability certificate the disability is considered as 10% with regard to right upper limb. The Tribunal considered medical evidence on record and taken disability as 5%, therefore - 5 - HC-KAR CNR: KAHC010323892016 NC: 2026:KHC:39264 MFA No. 5485 of 2016 this court finds no reason to interfere with the disability taken by the tribunal. So loss of future earning capacity comes to Rs.7,000 x 12 x 18 x 5% = Rs.75,600/-. The petitioner was admitted in the hospital for a period of 19 days. Therefore, considering his age, occupation, period of hospitalisation and other relevant factors, this court finds that it is just and reasonable to grant an amount of Rs.40,000/- for pain and suffering, Rs.20,000/- for loss of amenities, and Rs.30,000/- for transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of 2 months due to the injury sustained in the accident. Therefore, Rs.14,000/- is to be granted under the head loss of income during laid up period. The Tribunal already granted Rs.17,597/- towards medical expenses and the same is confirmed. 6. Thus in all, components awarded by this court are as below, - 6 - HC-KAR CNR: KAHC010323892016 NC: 2026:KHC:39264 MFA No. 5485 of 2016 Hence, the compensation granted by tribunal is enhanced from Rs.1,18,397/- to Rs.1,79,600/- along with interest at the rate of 6% p.a. 7. Further, it was also held by the Tribunal that the driver of the vehicle was not having license to drive the vehicle and thus exonerated the Insurance company. Tribunal observed that as per Ex. R1/driving license was issued for non transport vehicle valid from 7.7.2010 to 6.7.2013 and the D.L. for transport vehicle is valid from 4.7.2007 to 3.7.2010. The accident occurred on Sl.Nos. Particulars Amount in Rs. 1 Loss of future income 75,600 2 Pain and suffering 40,000 3 Loss of amenities 20,000 4 Transportation, extra nourishment and attendant charges. 30,000 5 Loss of income during laid up period 14,000 6 Medical expenses 17,597 Total 1,97,197 - 7 - HC-KAR CNR: KAHC010323892016 NC: 2026:KHC:39264 MFA No. 5485 of 2016 06.07.2012, hence as on the date of accident, he had no valid driving licence to drive the transport vehicle. Tribunal observed that it amounts to breach of terms and conditions of the policy and exonerated the insurance company and directed the owner of the company to pay the compensation. As per the citation reported in Mukund Dewangan v. Oriental Insurance Company limited reported in Air 2017 SC 3368, this court finds it is just and reasonable to direct the insurance company to deposit the amount. It is stated that owner of the vehicle has not deposited any amount, Therefore insurance company is directed to deposit Rs.1,97,197/- along with interest rate of 6% within one month from the date of this order. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR_List No.: 1 Sl No.: 59