- 1 - HC-KAR NC: 2026:KHC:6669 MFA No. 1721 of 2014 C/W MFA No. 1722 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1721 OF 2014 (MV) C/W MISCELLANEOUS FIRST APPEAL NO. 1722 OF 2014 (MV) IN MFA No. 1721/2014 BETWEEN: UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, UDAYAVANI BUILDING, P.B. NO.II, TILE FACTORY ROAD, MANIPAL, UDUPI TALUK, NOW REPRESENTED BY DIVISIONAL MANAGER UNITED INDIA INSRANCE CO. LTD., DIVISIONAL OFFICE, BAJAJ COMPOUND, I FLOOR, MANIPAL - 576 104. …APPELLANT (BY SRI. A.N. KRISHNA SWAMY, ADVOCATE) AND: 1. MURUGA @ MURTHY S/O SUBRAMANYA, NOW AGED ABOUT 31 YEARS, R/A SHIRIYARA VILLAGE & POST, UDUPI TALUK - 576 266. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6669 MFA No. 1721 of 2014 C/W MFA No. 1722 of 2014 2. SANTHOSH NAIK S/O RAMA NAIK, NOW AGED ABOUT 30 YEARS, R/O AVARSE HOSAHADY, UDUPI TALUK - 576 101. …RESPONDENTS (BY SRI. MAHESH SHETTY, ADVOCATE FOR R1; R2 - SANTHOSH NAIK - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.01.2014 PASSED IN MVC NO.180/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER MACT, KUNDAPURA, AWARDING COMPENSATION OF RS.4,29,220/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 1722/2014 BETWEEN: UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, UDAYAVANI BUILDING, P.B. NO.II, TILE FACTORY ROAD, MANIPAL, UDUPI TALUK, NOW REPRESENTED BY DIVISIONAL MANAGER UNITED INDIA INSRANCE CO. LTD., DIVISIONAL OFFICE, BAJAJ COMPOUND, I FLOOR, MANIPAL - 576 104. ...APPELLANT (BY SRI. A.N. KRISHNA SWAMY, ADVOCATE) AND: MANOJ S/O RAMASWAMY, - 3 - HC-KAR NC: 2026:KHC:6669 MFA No. 1721 of 2014 C/W MFA No. 1722 of 2014 NOW AGED ABOUT 32 YEARS, R/A NEAR PHC. SAIBARAKATTE YEDTHADY VILLAGE, UDUPI TALUK - 576 266. 2. SANTHOSH NAIK S/O RAMA NAIK, NOW AGED ABOUT 30 YEARS, R/O AVARSE HOSAHADY, UDUPI TALUK - 576 101. ...RESPONDENTS (BY SRI. MAHESH SHETTY, ADVOCATE FOR R1; R2 - SANTHOSH NAIK - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.01.2014 PASSED IN MVC NO.189/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER MACT, KUNDAPURA, AWARDING COMPENSATION OF RS.7,78,580/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT IN MFA NO.1721/2014 The common judgment and award dated 20.01.2014 was passed by the Tribunal in MVC Nos.180/2008 and 189/2008. - 4 - HC-KAR NC: 2026:KHC:6669 MFA No. 1721 of 2014 C/W MFA No. 1722 of 2014 However, MFA No.1721/2014 is filed by the insurance company disputing the quantum of compensation granted by the Tribunal in MVC No.180/2008 on the file of the Senior Civil Judge and Member Additional MACT, Kundapura. 2. Heard the arguments of learned counsel for the appellant/insurance company and learned counsel for the respondents. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 21.11.2007 and filed claim petition before the Tribunal for compensation of Rs.5,86,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.4,29,220/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, the insurance company preferred this appeal. 4. It is contended that the Tribunal has erroneously taken the income of the petitioner at Rs.6,000/- per month and though the petitioner has not sustained any financial loss on account of the nasal bone fracture, the Tribunal has taken 22% - 5 - HC-KAR NC: 2026:KHC:6669 MFA No. 1721 of 2014 C/W MFA No. 1722 of 2014 towards future loss of earning capacity. Thus, requested for reduction of the compensation. 5. It is stated that the petitioner/injured was working as a writer in Stone Quarry and earning Rs.8,000/- per month. But he has not filed any income proof. The petitioner/injured met with an accident in the year 2007. Therefore, his notional income is to be taken at Rs.4,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner was aged 25 years and the applicable multiplier is '18'. The petitioner/injured sustained the following injuries, as per Ex.P.5-wound certificate, which are grievous in nature: i. Head injury. ii. Displaced fracture of nasal bone. iii. Fracture of frontal bone. iv. Fracture of left temporal bone. 6. Ex.P.7 is the discharge summary, which shows that the petitioner/injured was admitted in the hospital for a period of 12 days. The petitioner/injured also examined PW.2–Dental Surgeon, who issued Ex.P.16–disability certificate and assessed the disability at 40%. Learned counsel for the appellant contended that the DNP Surgeon was not examined and - 6 - HC-KAR NC: 2026:KHC:6669 MFA No. 1721 of 2014 C/W MFA No. 1722 of 2014 therefore, the Tribunal erred in taking the disability at 22%. Admittedly, the petitioner sustained a nasal bone fracture and the doctor has assessed the disability at 40%. Therefore, this Court finds it reasonable to take 1/3rd of the said disability, i.e., 13%, instead of 22% granted by the Tribunal. Accordingly, the loss of future earning capacity comes to Rs.1,12,320/- (Rs.4,000 × 12 × 18 × 13%). The Tribunal has granted an amount of Rs.24,000/- towards loss of income during laid up period, as it was taken for 4 months. This Court finds it reasonable to grant the said amount only for 3 months i.e., Rs.12,000/- (4,000x3) and to modify the same at Rs.12,000/- instead of Rs.24,000/-. The amounts awarded under the other heads are confirmed. 7. Thus in all, compensation awarded by this Court is as below: - 7 - HC-KAR NC: 2026:KHC:6669 MFA No. 1721 of 2014 C/W MFA No. 1722 of 2014 8. Hence, the compensation granted by the Tribunal is reduced from Rs.4,29,220/- to Rs.2,44,420/-. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 20.01.2014 passed in MVC No.180/2008 on the file of the Senior Civil Judge and Member Additional MACT, Kundapura, is modified. iii. Appellant/Insurance Company has not deposited the any compensation amount before Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 40,000/- 2 Towards medical expenses 45,100/- 3 Towards loss of amenities 20,000/- 5 Towards loss of income during laid up period 12,000/- 6 Towards future medical expenses 15,000/- 7. Towards future earning capacity 1,12,320/- Total 2,44,420/- - 8 - HC-KAR NC: 2026:KHC:6669 MFA No. 1721 of 2014 C/W MFA No. 1722 of 2014 Tribunal. Therefore, learned counsel for the appellant/Insurance Company is directed to deposit a sum of Rs.2,44,420/- along with interest at the rate of 6% within one month from the date of this order. iv On such deposit, the petitioner is permitted to withdraw the entire amount along with interest accrued on the same. v The statutory amount deposited before this Court shall be transferred to the MACT. - 9 - HC-KAR NC: 2026:KHC:6669 MFA No. 1721 of 2014 C/W MFA No. 1722 of 2014 IN MFA NO.1722/2014 This appeal is filed by the insurance company under Section 173(1) of Motor Vehicles Act, 1988 challenging the common judgment and award dated 20.01.2014 passed in MVC Nos.180/2008 and 189/2008. However, MFA No.1722/2014 is filed against the award passed in MVC No.189/2008 on the file of the Senior Civil Judge and Member Additional MACT, Kundapura. 2. Heard the arguments of learned counsel for the appellant/insurance company and learned counsel for the respondents. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 21.11.2007 and filed the claim petition before the Tribunal for compensation of Rs.5,88,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.7,78,580/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, the insurance company preferred this appeal and mainly contended that the doctor assessed the - 10 - HC-KAR NC: 2026:KHC:6669 MFA No. 1721 of 2014 C/W MFA No. 1722 of 2014 limb disability at 25%. But the Tribunal has taken disability at 47% and the amounts granted under the other heads are excessive. Therefore, requested for reduction of the compensation. 4. The petitioner-PW.1 stated that he is working as a writer in Stone Quarry and earning Rs.8,000/- per month. But he has not filed any income proof. As he met with an accident in the year 2007, his notional income is to be taken at Rs.4,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner/injured was aged 26 years and the applicable multiplier is ‘17’. As per Ex.P.4-wound certificate, the petitioner/injured sustained the following injuries, which are grievous in nature: i. Injury to the mandible right side. ii. Injury to the maxilla. iii. Zygoma including zygomatice arch. iv. Laterall wall of right orbit. v. Abrasion wound over the frontal bone. vi. Comminuted fracture over the femur. 5. The petitioner/injured is also filed Ex.P-6-discharge summary, which shows that he was admitted to the hospital for - 11 - HC-KAR NC: 2026:KHC:6669 MFA No. 1721 of 2014 C/W MFA No. 1722 of 2014 a period of twelve days. The petitioner examined two doctors i.e., PW-2-Dental Surgeon and PW-3-Orthopaedic Surgeon. PW- 3 stated that the petitioner sustained a disability of 25% to the right lower limb on account of a femur fracture. Thus, the petitioner sustained two disabilities, one assessed at 40% and the other at 25%. As per the medical evidence, the total disability comes to 65% and applying 1/3rd(65x1/3) the disability comes to 22%. But the Tribunal erred in taking the disability at 47% and it is to be rectified. Accordingly, the loss of future earning capacity is comes to Rs.1,79,520/- (Rs.4,000 × 12 × 17 × 22%). The petitioner is entitled to compensation for a laid-up period of three months instead of six months as granted by the Tribunal and accordingly, the compensation under the said head is reduced to Rs.12,000/- from Rs.36,000/-.The amounts awarded by the Tribunal under the other heads are reasonable and this Court finds no reason to interfere with the same. 6. Thus in all, compensation awarded by this Court is as below: - 12 - HC-KAR NC: 2026:KHC:6669 MFA No. 1721 of 2014 C/W MFA No. 1722 of 2014 7. Hence, the compensation granted by the Tribunal is reduced from Rs.7,78,580/- to Rs.3,58,820/-. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 20.01.2014 passed in MVC No.189/2008 on the file of the Senior Civil Judge and Member Additional MACT, Kundapura, is modified. iii. The appellant/Insurance Company has not deposited the any amount so far, except the Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2 Towards medical expenses 62,300/- 3 Towards loss of amenities 25,000/- 5 Towards loss of income during laid up period 12,000/- 6 Towards future medical expenses 30,000/- 7. Towards future earning capacity 1,79,520/- Total 3,58,820/- - 13 - HC-KAR NC: 2026:KHC:6669 MFA No. 1721 of 2014 C/W MFA No. 1722 of 2014 statutory amount. Therefore, learned counsel for the appellant/Insurance Company is directed to deposit a sum of Rs.3,58,820/- along with interest at the rate of 6% within one month from the date of this order. iv On such deposit, the petitioner is permitted to withdraw the entire amount along with interest accrued on the same. v The statutory amount deposited before this Court shall be transferred to the MACT. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 58