- 1 - HC-KAR CNR: KAHC010344532017 NC: 2026:KHC:39952 MFA No. 4510 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4510 OF 2017 (MV-I) BETWEEN: SMT RUKMINI W/O VISHWANATHA AGED ABOUT 53 YEARS, R/A K.S.RAO NAGARA, BIJAPURA COLONY, KARNAD, MULKI MANGALORE TALUK - 574 180. …APPELLANT (BY SRI. GURUPRASAD B R., ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO. LTD., VARANASHI TOWERS MISSION STREET, BUNDER MANGALORE TALUK - 575 001. 2. MR. HUSSAIN BASHA S/O IMAM SAHEB ADULT, H.NO. 19-375, BIJAPURA COLONY, KARNAD, MULKI MANGALORE TALUK - 574 180. …RESPONDENTS (BY SRI. A. RAVISHANKAR., ADVOCATE FOR R1, V/O DTD:06.10.2023 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 27.10.2016 PASSED IN MVC NO.1225/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT, MANGALURU D.K., PARTLY Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010344532017 NC: 2026:KHC:39952 MFA No. 4510 of 2017 ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT A common order was passed by II Additional Senior Civil Judge, Member, MACT, Mangaluru D.K (hereinafter referred as Tribunal) in MVC Nos.1225/2014, 1285/2014 and 1693/2014 dated 27.10.2016. 2. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 27.10.2016 passed in MVC No.1225/2014 on the file of the II Additional Senior Civil Judge, Member, MACT, Mangaluru D.K, for enhancing the compensation. 3. Heard the arguments of the learned counsel for the appellant. The matter was passed over to hear learned counsel for respondent No.1, but he did not turn up, hence this court proceeded to dictate as the matter is pertaining - 3 - HC-KAR CNR: KAHC010344532017 NC: 2026:KHC:39952 MFA No. 4510 of 2017 to the year 2017. The ranks of the parties are retained as per tribunal for the sake of convenience. 4. The injured claimant met with an accident on 16.09.2013 and filed claim petition claiming compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.6,60,600/- along with interest at the rate of 9% per annum from date of petition till realisation. 5. Aggrieved by the said order, he preferred an appeal and mainly contended that he sustained fracture injuries which are grievous in nature. He was admitted in the hospital from 16.09.2013 to 29.10.2013 and again on 21.12.2013 to 22.12.2013 and also 07.03.2014 to 08.03.2014 i.e., for 49 days in total. But the tribunal not granted any amount under the head future medical expenses. The appellant was aged 50 years, running general store under the name of ‘Rukmini General Store’ at Lingappayya Kadu of Mulki and earning Rs.30,000/- per - 4 - HC-KAR CNR: KAHC010344532017 NC: 2026:KHC:39952 MFA No. 4510 of 2017 month. But the Tribunal erred in taking his income as Rs.4,500/- per month which is on lower side. He examined doctor as PW7 and the doctor assessed the disability as 25%. The doctor has stated that there is 100% disability as there is loss of vision to the right eye. But the Tribunal erred in taking the same as 25%. Thus requested for enhancement of the offence. 6. Learned counsel for appellant stated that appellant was running a general store and was earning Rs.30,000/- per month but he has not filed any income proof. As he met with an accident, in the year 2013, this court finds that it is just and reasonable to take his notional income as Rs.8,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. He is aged 50 years and the relevant multiplier is ‘13’. Appellant filed Ex.P5/wound certificate, Ex.P8 to Ex.P11/Discharge Summaries and also Ex.P7/Disability certificate and Ex.P12/Treatment certificate. Apart from that, he examined the doctor as PW7. She is an Assistant - 5 - HC-KAR CNR: KAHC010344532017 NC: 2026:KHC:39952 MFA No. 4510 of 2017 Professor in OEU Institute of Ophthalmology. She is a treated doctor. The doctor stated that the petitioner was admitted with (RE) Corneoscleral tear due to the said accident and sustained the following injuries, (a) Open fracture of right leg, (b) CLW half into half inch present on right eyebrow and (c) Lost right retinal and loss of tooth. Further, the certificate issued by Katurba Hospital, Manipal, the petitioner suffered the following injuries, a) Closed head injury with multiple skull bone fracture and right eye globe rupture, b) Right tibia and fibula fracture, c) Index finger metacarpal fracture, d) Mandible fracture, e) Multiple rib fracture with lung contusion and f) 8x1x0.5 cm wound over right leg. 7. Further it is stated that after clinical examination she was found with 100% visual disability. The counsel of the plaintiff stated that previously she had lost vision of left eye. But in view of the injuries sustained in the accident, she also lost vision to the right eye. Thus the doctor assessed the disability as 100%. Therefore, this - 6 - HC-KAR CNR: KAHC010344532017 NC: 2026:KHC:39952 MFA No. 4510 of 2017 Court finds that it is just and reasonable to take the disability as 100% based on the medical evidence. As the disability is more than 20%, appellant is entitled for future prospects, as per the citation New India Assurance Company Limited Vs. Abdul, son of Mehaboob Tahasildar and Others (M.F.A. No.103807/2016 c/w. M.F.A. No.103835/2016 decided on 27.05.2022). The petitioner was aged 50 years and she is entitled for 10% towards future prospects. So loss of future earning capacity comes to Rs.8,000 + 10% x 12 x 13 x 100% = Rs.13,72,800/-. She was admitted in the hospital for a period of 49 days in total on different spells. Considering her age, occupation, period of hospitalisation, nature of injuries and other relevant factors, this Court finds that it is just and reasonable to grant an amount of Rs.1,00,000/- for pain and suffering, Rs.50,000/- for loss of amenities and Rs.50,000/- for transportation, extra nourishment and attendant charges. The Tribunal already granted - 7 - HC-KAR CNR: KAHC010344532017 NC: 2026:KHC:39952 MFA No. 4510 of 2017 Rs.3,72,000/- towards medical expenses and the same is confirmed. 8. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.6,60,600/- to Rs.19,44,800/- along with interest at the rate of 6% p.a. Sl.Nos. Particulars Amount in Rs. 1 Loss of future earning capacity 13,72,800 2 Pain and suffering 1,00,000 3 Loss of amenities 50,000 4 Transportation, extra nourishment and attendant charges. 50,000 6 Medical bills 3,72,000 Total 19,44,800 - 8 - HC-KAR CNR: KAHC010344532017 NC: 2026:KHC:39952 MFA No. 4510 of 2017 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 27.10.2016 passed in MVC No.1225/2014 on the file of the II Additional Senior Civil Judge, Member, MACT, Mangaluru D.K, is modified. iii. The claimant is entitled to a sum of Rs.19,44,800/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.6,60,600/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of - 9 - HC-KAR CNR: KAHC010344532017 NC: 2026:KHC:39952 MFA No. 4510 of 2017 Rs.12,84,200/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 63