- 1 - HC-KAR NC: 2025:KHC-K:3458 MFA No. 201186 of 2022 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO. 201186 OF 2022 (MV-I) BETWEEN: JAGADISH S/O MAREPPA MESTRI, AGE: 36 YEARS, OCC: COOLIE, R/O: JAWAHAR NAGAR, ADKI, SEDAM, TQ. SEDAM, DIST. KALABURAGI. …APPELLANT (BY SRI SANJEEV PATIL, ADVOCATE) AND: 1. MAHAMAD SHABAZ S/O RABBANI PASHA, AGE: MAJOR, OCC: OWNER OF HONDA SPLENDOR PLUS NO.KA-32-EU-9208, R/O: 2-5-25, POLICE STATION ROAD, BASEER GUNJ, CHITTAPUR, TQ: CHITTAPUR, DIST: KALABURAGI – 585 211. 2. TATA AIG GENERAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER, 1ST FLOOR, UNIT NO.F6 ANF F8 BUSINESS, PARK CENTRE, AKKAMAHADEVI COLONY, KALABURAGI – 585 102. …RESPONDENTS (BY SRI S.S.ASPALLI, ,ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3458 MFA No. 201186 of 2022 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 30.12.2021 PASSED BY THE LEARNED II ADDL. SENIOR CIVIL JUDGE AND MACT, KALABURAGI IN MVC NO.260/2021 BY ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 30.12.2021 passed by II Additional Senior Civil Judge and MACT, Kalaburagi (for short, 'tribunal') in MVC no.260/2021, this appeal is filed. 2. Sri Sanjeev Patil, learned counsel submitted that appeal was by claimant for enhancement of compensation on limited ground. It was submitted, at 3:15 p.m. on 08.12.2020 claimant was pillion rider on motorcycle no.KA-32/EZ-0953, rider of another motorcycle no.KA-32/EU-9208 rode it in rash and negligent manner near Ganga Parameshwari College and dashed against claimant’s motorcycle, causing accident. In said accident, claimant sustained grievous injuries. Despite treatment, he did not recover fully and sustained permanent - 3 - HC-KAR NC: 2025:KHC-K:3458 MFA No. 201186 of 2022 physical disability. Therefore he filed claim petition against owner and insurer of offending motorcycle. 3. Despite service of notice, owner and insurer did not appear, they were placed ex-parte. Thereafter, tribunal framed points for consideration and recorded evidence, claimant examined himself and Dr.Ravi E. Shivaraya as PWs.1 and 2 and got marked Exs.P1 to P.16. On consideration, tribunal held accident had occurred due to rash and negligent riding of offending motorcycle and claimant was entitled for compensation assessed by it as follows :- Sl.No. Heads of Compensation Amount 1. Pain and suffering `50,000/- 2. Loss of future income `3,05,280/- 3. Attendant, food and conveyance charges `20,000/- 4. Medical expenses `1,10,684/- 5. Loss of income during treatment period `39,750/- 6. Loss of amenities `15,000/- Total `5,40,714/- 4. Dissatisfied, claimant was in appeal. It was submitted, though there were implants in situ as opined by PW.2, tribunal had not awarded any amount towards future medical expenses. It also awarded meager amount of - 4 - HC-KAR NC: 2025:KHC-K:3458 MFA No. 201186 of 2022 `15,000/- towards loss of amenities. On said grounds sought enhancement. 5. On other hand, Sri SS Aspalli, learned counsel for insurer opposed appeal. It was submitted, tribunal had awarded just compensation and same did not call for enhancement. 6. Heard learned counsel and perused impugned judgment and award and record. 7. Since this is claimant’s appeal for enhancement, while insurer has accepted award, only point that would arise for consideration is: “Whether claimant is entitled for enhancement of compensation as sought for?” 8. Insofar as future medical expenses, PW.2 deposed based on treatment records that there were implants in situ and required one more surgery for removal, which was not granted. It is found fit to award `30,000/- towards same. Even though claimant sustained fracture of bicondylar proximal tibia with tibia articular extension apart from head injury, tribunal awarded `15,000/- only towards loss of amenities, which would - 5 - HC-KAR NC: 2025:KHC-K:3458 MFA No. 201186 of 2022 be inadequate. Instead same is enhanced to `35,000/-. It is seen, compensation awarded under other heads is just and proper. Thus reassessed compensation is as under : Sl.No. Heads of Compensation Amount 1. Pain and suffering `50,000/- 2. Loss of future income `3,05,280/- 3. Attendant, food and conveyance charges `20,000/- 4. Medical expenses `1,10,684/- 5. Loss of income during treatment period `39,750/- 6. Loss of amenities `35,000/- 7. Future medical expenses `30,000/- Total `5,90,714/- 9. Point for consideration is answered partly in affirmative as above. Consequently, following: ORDER i. Appeal is allowed in part, judgment and award dated 30.12.2021 passed by II Additional Senior Civil Judge and MACT, Kalaburagi in MVC no.260/2021 is modified, claimant is held entitled for total compensation of `5,90,714/- as against `5,40,714/- awarded by tribunal, with interest at rate of 6% per annum from date of claim petition till realization. - 6 - HC-KAR NC: 2025:KHC-K:3458 MFA No. 201186 of 2022 ii. Insurer is held liable to pay same and is directed to deposit it before tribunal within six weeks. iii. On deposit, entire enhanced amount is ordered to be released to claimant. Sd/- (RAVI V HOSMANI) JUDGE SN List No.: 1 Sl No.: 45