- 1 - HC-KAR NC: 2025:KHC-K:3807 MFA No. 202662 of 2019 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO. 202662 OF 2019 (MV-I) BETWEEN: DATTATREYA S/O YESHWANTHRAO BIRADAR AGE: 30 YEARS, OCC: POLICE CONSTABLE CPC 1437, WADI POLICE STATION, TQ. CHITTAPUR, DIST. KALABURAGI, R/O: POLICE QUARTERS, BLOCK-B, WADI JUNCTION, CHITTAPUR, TQ. & DIST. KALABURAGI. …APPELLANT (BY SRI. SANJEEV PATIL, ADVOCATE) AND: 1. SHRAVAN S/O CHINYA RATHOD, AGE: MAJOR, OCC: NOT KNOWN, OWNER OF NEW BAJAJ DISCOVER MOTOR CYCLE BEARING CHASSIS NO.MD.2DHZZUCE77272, R/O ASHNAL THANDA, POST: ASHANAL, TQ. & DIST. YADGIR. 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, P.B.NO.47, SUPER MARKET, DR. JAWALI COMPLEX, KALABURAGI. …RESPONDENTS (BY SRI. RAHUL R.ASTURE ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH V/O DATED 09.02.2021) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 06.06.2018 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND MACT., CHITTAPUR, IN MVC NO.05/2017 BY ENHANCING THE COMPENSATION AMOUNT FROM RS.2,00,000/- TO RS.17,00,000/- AND ALSO ENHANCE THE INTEREST PAYABLE BY THE RESPONDENTS ON THE COMPENSATION AMOUNT. Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3807 MFA No. 202662 of 2019 THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAVI V HOSMANI) Though appeal is listed for admission, with consent of learned counsel for parties, it is taken up for final disposal. 2. Challenging judgment and award dated 06.06.2018 passed by Senior Civil Judge and Motor Accident Claims Tribunal, Chittapur, (for short, ‘Tribunal’) in MVC no.05/2017, this appeal is filed. 3. Sri Sanjeev Patil, learned counsel submitted, appeal was by claimant for enhancement of compensation. It was submitted, on 29.12.2011, while claimant working as Police Constable was on patrolling duty, rider of Bajaj Discover motorcycle bearing Chassis no.MD2DHZZUCE77272 and Engine no.DHGBUE54595, rode it in rash and negligent manner, lost control, dashed against claimant and caused accident. Despite taking treatment at Chittapur Government Hospital and Global Hospital, Hyderabad, he did not recover fully and sustained - 3 - HC-KAR NC: 2025:KHC-K:3807 MFA No. 202662 of 2019 permanent physical disability. Therefore, he filed claim petition under Section 166 of Motor Vehicles Act, against owner and insurer of motorcycle. 4. On contest, wherein, claim petition was opposed denying rash and negligent riding of motorcycle by its rider as well as denying age, occupation, income and disability sustained by claimant, tribunal framed issues and recorded evidence. Claimant examined himself as PW.1 and Exs.P1 to P12 were marked. Respondents did not lead evidence. 5. On consideration, tribunal held accident occurred due to rash and negligent riding of motorcycle by its rider and claimant was entitled for compensation from insurer as follows: Sl.No. Heads of Compensation Amount 1 Pain and suffering Rs. 25,000/- 2 Medical expenses Rs.1,53,000/- 3 Diet and attendant charges Rs. 20,000/- 4 Loss of future earnings Nil 5 Loss of salary during treatment period Rs. 2,360/- Total Rounded off to Rs.2,00,360/- Rs.2,00,000/- 6. Dissatisfied with quantum of compensation, claimant is in appeal. - 4 - HC-KAR NC: 2025:KHC-K:3807 MFA No. 202662 of 2019 7. Sole ground urged for enhancement was though claimant was a Government employee, he had sustained permanent physical disability, tribunal denied compensation towards future loss of income. It erred in not awarding any compensation towards loss of amenities. It was submitted, since disability would affect claimant even while he was not on employment, compensation ought to be substantial under said head. 8. On other hand, Sri Rahul R.Asture, learned counsel for respondent-insurer opposed appeal. It was submitted, insurer had satisfied award and as there was no loss of earning capacity, compensation awarded was just and proper and there was no scope for enhancement. 9. Heard learned counsel. Perused impugned judgment and award. 10. From above and since only claimant is in appeal for enhancement of compensation while insurer has accepted award, point that would arise for consideration is: - 5 - HC-KAR NC: 2025:KHC-K:3807 MFA No. 202662 of 2019 “Whether claimant is entitled for enhancement of compensation as sought for?” 11. Since insurer has accepted award, occurrence of accident, claimant sustaining permanent physical disability and being entitled for compensation are not in dispute. Claimant was 28 years old, working as Police Constable. As per Ex.P7- disability report, claimant sustained 40% disability on account of mal-union of fracture of right tibia and fibula with restriction of movement and wastage of muscles. Taking same into account and fact that claimant has not been awarded any compensation towards loss of future income, it would be appropriate to award Rs.75,000/- towards loss of amenities. Thus, point for consideration is answered partly in affirmative. Consequently, following: ORDER i. Appeal is allowed in part, judgment and award dated 06.06.2018 passed by Senior Civil Judge and Motor Accident Claims Tribunal, Chittapur, in MVC no.05/2017 is modified. Claimant is held entitled for additional compensation of Rs.75,000/- with interest at rate of 6% per annum from date of petition till deposit. - 6 - HC-KAR NC: 2025:KHC-K:3807 MFA No. 202662 of 2019 ii. Respondent-insurer is directed to deposit enhanced compensation before tribunal within a period of six weeks. iii. On deposit, entire enhanced amount to be released in favour of claimant. Sd/- (RAVI V HOSMANI) JUDGE NB List No.: 1 Sl No.: 43