IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF APRIL, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.5627 OF 2022 (MV-I)

BETWEEN:

THE MANAGER, UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, P.B.NO.114, REP. BY ITS DIVISIONAL MANAGER, CRESCENT COURT, K. M. ROAD, CHIKKAMAGALUR-577101.

…APPELLANT (BY SRI. BENNI RAVISH CHANDRASHEKAR, ADVOCATE)

AND:

1. SRI. KEERTHAN S/O NAGARAJA, AGED ABOUT 28 YEARS, DRIVER CUM AGRICULTURIST, R/O: SALAGADDE, KUDDORU VILLAGE, HARIHARAPURA, KOPPA TALUK-577102.

2. SRI. PRAVEEN D. L.

S/O SRI. LINGAPPA GOWDA, AGED ABOUT 50 YEARS, R/O: SHASIGOLLI, MIGA VILLAGE, SRINGERI TALUK, CHIKKAMAGALUR-577139.

3. SRI. NAGABHUSHANA BHATT, S/O ANANTHA BHAT, MAJOR, R/AT: ARAMANE TOTA, KAMMARADI POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT-577125.

…RESPONDENTS (BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE FOR R1;

V/O DATED 11.08.2022 NOTICE TO R2 & R3 IS D/W)

THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLE ACT, PRAYING TO CALL FOR THE RECORDS IN M.V.C.NO.413/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT N R PURA, ITENERATE AT KOPPA, B) TO BE MODIFIED THE IMPUGNED JUDGMENT AND AWARD DATED 18.11.2021 PASSED IN M.V.C.NO.413/2019 AND IMPUGNED JUDGMENT AND AWARD SUITABLY AND REASONABLY TO BE REDUCED, COMPENSATION GRANTED UNDER LOSS OF FUTURE INCOME DUE TO PERMANENT PHYSICAL DISABILITY AND OTHER HEADS ALSO ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, AT N R PURA, ITINERATE AT KOPPA IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS APPEAL, COMING ON FOR DICTATING JUDGMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Seeking to modify the order that is passed by the Motor Accident Claims Tribunal, N. R. Pura, in MVC.No.413/2019 dated 18.11.2021, the insurance company against which liability is fastened to pay compensation to the claimant, preferred this appeal.

02. Heard Sri. Ravish Benni, learned counsel for the appellant. Though, sufficient time was granted to respondent No.1 to make his submission on merits of the matter, respondent No.1 could not avail the time and opportunities granted.

03. On the ground that he sustained grievous injuries in a road traffic accident that occurred in the year 2018, respondent No.1 filed petition claiming compensation of Rs.20,00,000/- in total. Tribunal through impugned order held that respondent No.1 is entitled to a sum of Rs.14,93,170/- as compensation. The version of the appellant is that the sum granted is excessive and exorbitant.

04. Primary submission that was made by learned counsel for the appellant is that the disability in respect of left lower limb as assessed by CW.1 is 58%. In the normal course 1/3^rd of the disability of a limb will be taken as whole body disability. But Tribunal took the disability in respect of whole body as 40% erroneously. Learned counsel also contended that Tribunal without any material being produced by respondent No.1 that he was a bachelor as on the date of accident and due to the injuries sustained he lost marriage prospects, awarded Rs.50,000/- towards loss of marriage prospects. Learned counsel also contented that Tribunal granted Rs.75,000/- towards loss of amenities, without there being any proof in respect of such loss. Learned counsel also stated that without convincing evidence Rs.40,000/- was granted towards future medical expenses. Learned counsel further stated that compensation granted by the Tribunal under all heads is excessive and therefore, reducing the sum, necessary orders may be passed.

05. Respondent No.1 - claimant by all the evidence produced established that he sustained open intraarticular fracture of left femur and open fracture of left Tibia. As per the evidence of CW.1 respondent No.1 suffers with 58% of left lower limb locomotor function permanent disability.

06. Having considered the nature of injuries sustained and the evidence of CW.1, as rightly contented by learned counsel