- 1 - NC: 2025:KHC-K:1502 MFA No. 202361 of 2018 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. JOSHI MISCL. FIRST APPEAL NO.202361/2018(MV-I) BETWEEN: SHARANAPPA S/O SAIBANNA, AGE: 68 YEARS, OCC: COOLIE (SHENAI), R/O. NAGANOOR, TQ. & DIST. KALABURAGI-585 102. …APPELLANT (BY SRI JIDAGE KAILASH C., ADVOCATE) AND: 1. NASEER S/O ABDUL RAHEED, AGE: MAJOR, OCC: OWNER OF VEHICLE, R/O. MUSLIM CHOWK, KALABURAGI-585 103. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., JEWALI COMPLEX, KALABURAGI-585 101. 3. MOHD. SHABBIR S/O BABU MIYA, R/O. QILA KALABURAGI-585 103. …RESPONDENTS (BY SMT. SANGEETA BHADRASHETTY, ADV., FOR R2; R1 & R3 - V/O DTD. 02.06.2022, APPEAL DISMISSED) Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1502 MFA No. 202361 of 2018 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 13.07.2018 PASSED IN MVC NO.510/2010 BY THE II ADDL. SENIOR CIVIL JUDGE AND MACT, KALABURAGI, AND AWARD RS.3,00,000/- AND ABOVE ALONG WITH INTEREST AT 12% FROM THE DATE OF PETITON TILL REALIZATION. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C.M. JOSHI) 1. Though, this appeal is slated for admission, with the consent of both the parties, it is taken up for final disposal. 2. This appeal is by the petitioner-claimant against the judgment and award dated 13.07.2018 passed in MVC No.510/2010 by the II Additional Senior Civil Judge and M.A.C.T., Kalaburagi, (for short ‘the Tribunal’), seeking enhancement of compensation. 3. Brief facts of the case are as below: - 3 - NC: 2025:KHC-K:1502 MFA No. 202361 of 2018 a) The petitioner-claimant sustained intertrochanteric fracture of right femur in a road traffic accident that occurred on 04.10.2009 involving the motorcycle bearing No.KA-37-H/4327. He was shifted to the hospital and had to spend for his treatment and as such, filed claim petition before the Tribunal claiming the compensation from the owner and insurer of the motorcycle. b) The petition was opposed by the Insurance Company on the ground that the compensation claimed is exorbitant and there was violation of the terms and conditions of the policy by the rider of the motorcycle and therefore, the petition is to be dismissed. c) Based on the pleadings of both the parties, the Tribunal framed appropriate issues for consideration. The petitioner was examined as PW1 and Exs.P1 to 9 were marked on behalf of the petitioner. The official of the respondent No.2 - Insurance Company was examined as RW1 and the policy was marked as Ex.R1. - 4 - NC: 2025:KHC-K:1502 MFA No. 202361 of 2018 d) After hearing the parties, the Tribunal awarded global compensation of Rs.31,100/- and held that the Insurance Company is liable to pay the compensation. Aggrieved by the same, the petitioner is in this appeal seeking enhancement. 4. Heard learned counsel appearing for the appellant-petitioner and learned counsel appearing for respondent No.2 – Insurance Company. 5. Learned counsel for the appellant submits that the intertrochanteric fracture of the right femur to a person, who is aged about 60 years, engaged in agricultural work, definitely entail a higher compensation than the one awarded by the Tribunal. He submits that the meager compensation awarded by the Tribunal overlooks the compensation that could be awarded under the head of pain and suffering, loss of amenities in life, the loss of income during laid up period and the possibility of attendant’s charges etc. It is pointed out that the Discharge Summary produced by the petitioner before the Tribunal shows that he was inpatient from 27.10.2009 to 15.11.2009. This aspect has not been - 5 - NC: 2025:KHC-K:1502 MFA No. 202361 of 2018 considered by the Tribunal. Hence, he seeks enhancement of the compensation. 6. Per contra, learned counsel appearing for respondent No.2 though agree that marginal increase may be warranted, it is submitted that in the absence of any disability having been established, the compensation by the Tribunal do not require much indulgence by this Court. 7. Having considered the above submissions and the fact that the petitioner aged about 60 years at the time of the accident, was inpatient for about 20 days at Basaveshwara Teaching and General Hospital, Gulbarga, and that he underwent CRIF (closed reduction and internal fixation) with DHS plating for his intertrochanteric fracture of the right femur, this Court feels that the compensation awarded is on the lower side. 8. In the considered opinion of this Court, a sum of Rs.30,000/- needs to be awarded under the head pain and suffering, a sum of Rs.25,000/- under the head loss of amenities in life; a sum of Rs.10,000/- under the heads - 6 - NC: 2025:KHC-K:1502 MFA No. 202361 of 2018 conveyance, nourishment and attendant’s charges to meet the ends of justice. The petitioner had produced the medical bills worth Rs.6,100/- and he is entitled for the same. Further, considering the nature of the injuries, it can be safely said that the petitioner was unable to resume his work atleast for a period of 4 months, therefore, a sum of Rs.20,000/- would be adequate lump sum amount under the head loss of income during laid up period. 9. Therefore, the appellant-petitioner is entitled for a compensation as below: Sl. No. Heads Award 1 Injury, pain and sufferings Rs.30,000/- 2 Medical expenses Rs.6,100/- 3 Conveyance, nourishment and attendant’s charges Rs.10,000/- 4 Loss of amenities in life Rs.25,000/- 5 Loss of income during laid up period Rs.20,000/- Total Rs.91,100/- 10. In the result, the appeal deserves to be allowed and hence, the following: - 7 - NC: 2025:KHC-K:1502 MFA No. 202361 of 2018 ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award passed by the Tribunal is hereby modified. (iii) The appellant-petitioner is entitled for a sum of Rs.91,100/- with interest at the rate of 6% per annum from the date of petition till realization as against Rs.31,100/- awarded by the Tribunal. (iv) The respondent No.2 – Insurance Company is directed to deposit the compensation amount along with interest within a period of 06 weeks from the date of receipt of a copy of this judgment. Sd/- (C.M. JOSHI) JUDGE SBS List No.: 1 Sl No.: 33 CT: AK