Shivaraj G E Vs Siddesh B R

SHIVARAJ G.E, S/O EERANNA, NOW AGED ABOUT 24 YEARS, R/A GOLLARAHALLI VILLAGE. GOWDAGERE HOBLI, SIRA TALUK, TUMAKURU DISTRICT. NOW R/A AMARAJYOTHI NAGARA, TUMAKURU CITY.

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…APPELLANT

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(BY SRI. RAGHU R, ADVOCATE)

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AND:

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Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka

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SIDDESH B.R, S/O RAJANNA, NOW AGED ABOUT 32 YEARS. R/A BIDARE, BIDARE POST, CHELUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT - 572 101.

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THE MANAGER, UNITED INDIA INS. CO. LTD., JAYADEVA COMPLEX, B.H. ROAD, TUMAKURU CITY - 572 101.

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…RESPONDENTS

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(BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 13.06.2025)

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2 - NC: 2026:KHC:23974 MFA No. 8600 of 2024

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HC-KAR

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.12.2023 PASSED IN MVC NO. 274/2022 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND AMACT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 14.12.2023 passed in MVC No.274/2022 on the file of the II Additional District Judge and AMACT, Tumakuru, for enhancing the compensation.

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Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as before the Tribunal for the sake of convenience.

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NC: 2026:KHC:23974 MFA No. 8600 of 2024

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HC-KAR

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The petitioner/injured claimant met with an accident on 24.02.2022 and filed a claim petition claiming compensation of Rs.50,00,000/- before the Tribunal. The Tribunal considering the entire evidence on record, granted an amount of Rs.11,97,550/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Aggrieved by the said order, the claimant has preferred this appeal and mainly contended that the petitioner was doing mason work and agriculture and earning Rs.40,000/- per month, but the Tribunal erred in taking his income on the lower side. He sustained fracture injuries which are grievous in nature and also underwent surgery. The doctor assessed the disability of the right lower limb as 36%, the left lower limb as 36% and the whole body disability as 24%. The Tribunal granted meager amount under the other heads. Thus, requested for enhancement of compensation.

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Though it is stated that the petitioner was earning Rs.40,000/- per month, he has not filed any income proof. As he met with an accident in the year 2022, this Court finds it reasonable to take the notional income as Rs.15,500/- per

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NC: 2026:KHC:23974 MFA No. 8600 of 2024

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HC-KAR

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month as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner was aged 24 years and the relevant multiplier applicable is '18'.

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The Petitioner filed Ex.P4 – Wound Certificate and

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Ex.P14 – Discharge Summary. Apart from other medical records and he examined the doctor as PW.2, a Consultant Orthopaedic Surgeon and he stated that the petitioner sustained the following injuries:

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a) Fracture shaft of right femur

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b) Fracture shaft of left femur

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c) Multiple abrasions over face

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d) Multiple abrasions over both thighs and leg

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e) Multiple abrasion over right thigh and right leg.

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The petitioner underwent the following surgeries:

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a) CRIF with interlocking nailing for right femur fracture. b) CRIF with interlocking nailing for left femur fracture. c) Wound debridement.

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The petitioner was discharged from the hospital with

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advice for regular follow-up as an outpatient and also underwent physiotherapy. The petitioner complains of pain in the right hip, knee, left hip, left knee and difficulty in squatting. X-ray of the right femur shows fracture united with implant in

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5 - NC: 2026:KHC:23974 MFA No. 8600 of 2024

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HC-KAR

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situ. X-ray of the left femur shows fracture united with implant in situ. The doctor assessed permanent physical disability as 36% for the right lower limb and 36% for the left lower limb and whole body disability as 12%. He further stated that the petitioner requires another surgery for removal of implants and estimated the cost of surgery as Rs.75,000/- to Rs.85,000/-. The Tribunal has rightly considered one-third of 72% (36% for the right lower limb + 36% for the left lower limb) ie., 24% disability. This Court finds no reason to interfere with the disability assessed by the Tribunal. As the disability is more than 20%, the petitioner is entitled for future prospects as per the citation reported in MFA No.103807/2016 c/w. MFA No.103835/2016 in the case of New India Assurance Company and Others Vs. Abdul S/o. Mehaboob

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Tahasildar and others . The petitioner was aged 24 years and he is entitled for 40% towards future prospects. Accordingly, the loss of future earning capacity comes to Rs.15,500 + 40% x 12 x 18 x 24% = Rs.11,24,928/- . This Court finds that Tribunal has already granted reasonable amounts under other heads and they need no interference. The amounts awarded are Pain and Suffering - Rs.80,000/- , Loss of amenities -

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6 - NC: 2026:KHC:23974 MFA No. 8600 of 2024

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HC-KAR

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Rs.40,000/- , Transportation, extra nourishment and attendant charges – Rs.20,000/- , Loss of income during laid up period - Rs.46,500/- (15,500 x 3) and Future Medical expenses - Rs.60,000/- . The Tribunal has also granted Rs.1,47,530/- towards medical expenses as per the relevant medical records and it is confirmed.

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Thus in all, compensation awarded by this Court is as below:

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Particulars	Amount in Rs.
Loss of future earning capacity	11,24,928
Pain and suffering	80,000
Loss of amenities	40,000
Transportation, extra nourishment and attendant charges	20,000
Medical expenses	1,47,530
Loss of income during laid up period	46,500
Future Medical Expenses	60,000
Total	15,18,958

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Hence, the appellant-claimant is entitled for a total

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compensation of Rs.15,18,958/- along with interest at the rate of 6% p.a.

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7 - NC: 2026:KHC:23974 MFA No. 8600 of 2024

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HC-KAR

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed in part.

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ii. The judgment and award dated 14.12.2023 passed in MVC No.274/2022, by II Additional District Judge and AMACT, Tumakuru, is modified;

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iii. The claimant is entitled to a sum of Rs. 15,18,958 /- along with interest at 6% per annum as from the date of petition till the date of realization, instead of Rs.11,97,550/granted by the tribunal.

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iv. Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.3,21,408/- along with the interest at the rate of 6% per annum within one month from the date of this order.

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