THE BRANCH MANAGER v. BENGALURU - 560 001

#1. SRI RAMESH V S S/O LATE V.G SHANMUGAM AGED ABOUT 54 YEARS RESIDING AT NO.70 BEHIND MARUTHI TALKIES B.G PALYA TUMAKURU CITY

#2. THE BRANCH MANAGER …APPELLANT UNITED INDIA INSURANCE COMPANY LTD BRANCH OFFICE JAYADEVA COMPLEX 1ST FLOOR, B.H ROAD TUMAKURU CITY NOW REPRESENTED BY THE REGIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD REGIONAL OFFICE NO. A-1, 5TH FLOOR, KRISHI BHAVAN NEAR HUDSON CIRCLE BENGALURU - 560 001 …RESPONDENTS Location: HIGH COURT OF KARNATAKA HC-KAR - 2 - NC: 2026:KHC:42529 MFA No. 7450 of 2022 CNR: KAHC010500192022 (BY SRI. K. NAGARAJAIAH, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DT.21.09.2017 PASSED IN MVC NO.697/2016 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT

#1. The claimant, being dissatisfied with compensation of Rs.2,85,508/- awarded by the Tribunal in MVC No.697/2016 dated 21.09.2017, is in appeal.

#2. The fact that the accident occurred and the further fact that the offending vehicle was insured are not in dispute.

#3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No.

#2. 3. Particulars Pain and sufferings, hardship and loss of amenities Medical expenses Food and Nourishment Amount in (Rs.) 1,00,000 1,39,008 10,000 HC-KAR - 3 - NC: 2026:KHC:42529 MFA No. 7450 of 2022 CNR: KAHC010500192022

#4. 5. 6. Transportation charges Attendant charges Future medical expenses 10,000 4,500 20,000 Total 2,83,508

#4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 10%.

#5. I have perused the evidence of the Doctor-PW.2 and the wound certificate-Ex.P6. The same depicts that the claimant has suffered open fracture both bones left ankle and talar neck fracture.

#6. Since the Doctor has assessed the permanent disability at 12% to the whole body, the Tribunal has rightly assessed the disability at 10% to the whole body.

#7. The Tribunal has not awarded compensation under the head 'loss of future income', since the claimant was minor aged 16 years at the time of incident. The said finding of the Tribunal has to be interfered with in view of the subsequent judgment of the Hon'ble Apex Court in the case of HITESH NAGJIBHAI PATEL Vs. BABABHAI NAGJIBHAI RABARI AND HC-KAR - 4 - NC: 2026:KHC:42529 MFA No. 7450 of 2022 CNR: KAHC010500192022 ANOTHER in Civil Appeal No.10278/2025, wherein it is held that the calculation of loss of income necessarily has to be made in a case involving a child having suffered injury or having passed away. Consequently, since the accident had occurred in Tumakuru District and as per the Minimum Wages Act prevailing as on the date of accident i.e., with effect from

01.04.2016 to 30.09.2016 for skilled labour, the minimum was fixed at Rs.390.87/- per day, which comes to Rs.8,726/- (390.87 X 30 days) per month. Accordingly, applying the multiplier of '18', the claimant would be entitled to a sum of Rs.1,88,484/- (Rs.8,726 x 12 x 18 x 10%) towards 'loss of future income'.

#8. Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, it would be just and appropriate to treat the laid up period as 3 months. Thus, the claimant would be entitled to a sum of Rs.26,178/- (8,726 X 3) towards 'loss of income during the laid up period'.

#9. Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries HC-KAR - 5 - NC: 2026:KHC:42529 MFA No. 7450 of 2022 CNR: KAHC010500192022 suffered, the claimant would be entitled to a sum of Rs.25,000/- towards 'food, nourishment, transportation charges and attendant charges' as against Rs.24,500/-, awarded by the Tribunal.

#10. The sum awarded as 'medical expenses' at Rs.1,39,008/-, being based on documentary evidence, do not call for modification and hence confirmed.

#11. The sums awarded under the heads 'pain and sufferings. hardship and loss of amenities' and 'future medical expenses' remain unaltered.

#12. Consequently, the award of the Tribunal is modified the claimant would be entitled following compensation: Sl. No. Compensation under different Heads

#1. Pain and sufferings, hardship and loss of amenities

#2. Medical expenses As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1,00,000 1,00,000 1,39,008 1,39,008 3 Food and Nourishment Transportation charges 10,000 10,000 25,000 HC-KAR - 6 - NC: 2026:KHC:42529 MFA No. 7450 of 2022 CNR: KAHC010500192022 Attendant charges 4,500

#6. Future medical expenses Total 20,000 2,83,508 20,000 4,88,670

#13. Thus, the claimant is held entitled to the total compensation of Rs.4,88,670/- as against Rs.2,83,508/-. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till its realization. The appellant-claimant is not entitled for interest for the delayed period of 1057 days in filing this appeal.

#14. The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. Upon such deposit, the enhanced compensation shall be released in favour of the appellant-claimant. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 17