- 1 - NC: 2025:KHC-K:1996 MFA No. 202536 of 2019 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.202536 OF 2019 (MV-I) BETWEEN: CHANNAREDDY S/O SIDDALINGAPPAGOUDA, AGE: 43 YEARS, OCC: AGRICULTURE & CONTRACTOR, NOW NIL, R/O BALKAL, TQ. SHAHAPUR, DIST. YADGIR, NOW AT KALYAN NAGAR, AIWAN-E-SHAHI, KALABURAGI. …APPELLANT (BY SRI. SIDRAMREDDY VENKANNA PARADDY, ADVOCATE) AND: 1. RUPALI KALANTR W/O LATE. PRAVEEN, AGE: 48 YEARS, OCC: BUSINESS, R/O: KALANTRI KUNJ, SBH COLONY, NEHRU GUNJ KALABURAGI, DIST. KALABURAGI, (OWNER OF VEHICLE NO. KA-32-A-9380). 2. THE BRANCH MANAGER, IFFCO-TOKIO GENERAL INSURANCE CO. LTD., SRI. SHANTHI TOWERS, 5TH FLOOR, 3RD MAIN, NO.141, EAST OF N.G.E.F. LAYOUT, BANGALORE-560 043, (INSURER OF THE VEHICLE NO. KA-32-A-9380). …RESPONDENTS (BY SRI. SUBHASH MALLAPUR, ADV. FOR R2; V/O DTD. 30.11.2021, NOTICE TO R1 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL AND AWARD COMPENSATION OF RS.10,00,000/- ALONG WITH INTEREST AT 9% P.A. BY MODIFYING THE JUDGMENT AND Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1996 MFA No. 202536 of 2019 AWARD DATED 25.01.2018 PASSED BY THE SENIOR CIVIL JUDGE AND ADDL. MACT AT SHAHAPUR, IN MVC NO.41/2016. 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) Heard the learned counsel for the appellant and learned counsel for respondent No.2-Insurance Company. 2. Though the matter is slated for admission, with the consent by both the learned counsel, it is taken up for final disposal. 3. Being aggrieved by the judgment and award dated 25.01.2018 in MVC No.41/2016 by the Senior Civil Judge & Addl. MACT Shahapur (for short, ‘the Tribunal’) the petitioner is before this Court. 4. The petitioner had sustained injury in a road traffic accident that took place on 04.06.2013 when the car bearing No.KA-32/N-0674 collided with a lorry bearing No.KA-32/A-9380 coming from opposite direction. The - 3 - NC: 2025:KHC-K:1996 MFA No. 202536 of 2019 petitioner is claiming compensation for the injuries suffered by him from the owner and the insurer of the said lorry. He contended that he was aged about 40 years, working as a contractor, earning Rs.50,000/- per month. 5. The respondent No.1-owner and respondent No.2-Insurance Company took up the contention that accident was not due to the negligence of the driver of the lorry, but was due to negligence of the car driver. Inter alia they also disputed the age, income and avocation of the petitioner and termed the compensation as highly exorbitant, imaginary and untenable in law. 6. The Tribunal framed appropriate issues and the petitioner examined as PW.1 and got marked Exs.P1 to P14. The respondent No.1 examined himself as RW.1 and Exs.R1 to R6 were marked. 7. After hearing both sides, the Tribunal awarded compensation of Rs.28,800/- under the different heads. - 4 - NC: 2025:KHC-K:1996 MFA No. 202536 of 2019 Out of which, a sum of Rs.11,800/- was awarded towards Medical Expenses incurred by the petitioner. 8. Being aggrieved by the compensation, the petitioner is before this Court in appeal. 9. The learned counsel appearing for the appellant would submit that, the Tribunal has awarded meager amount regarding the injuries sustained by the petitioner, though the petitioner had not proved that there was any disability on account of the injuries suffered by him. The main contention of the learned counsel for the appellant is that Medical Expenses to the tune of Rs.1,16,000/- has been ignored by the Tribunal and a sum of Rs.11,800/- has been awarded. Therefore, he seeks enhancement of the compensation. 10. Per contra, learned counsel for the respondent- Insurance Company submits that the Tribunal has calculated the compensation by taking into consideration - 5 - NC: 2025:KHC-K:1996 MFA No. 202536 of 2019 the nature of injuries sustained by the petitioner and hence, no interference is required. 11. The records reveal that the petitioner had sustained lacerated wound over forehead, abrasion over the right and left side of face, contusion over the right wrist and he was referred to higher facilities at Kalaburagi. It is the contention of the petitioner that, he was admitted to Chirayu Hospital, Gulbarga on 04.06.2013 and was discharged on 09.06.2013 and the medical bills are produced at Exs.P12 and P13. 12. On perusal, these records would indicate that he was inpatient for a period of 6 days at Chirayu Hospital. The Hospital bill alone is to the tune of Rs.55,000/-. On careful consideration of the medical bills, the petitioner is entitled for a sum of Rs.76,452/- and the same is rounded off to Rs.77,000/-. 13. It is relevant to note that the Tribunal has awarded a sum of Rs.17,000/- in respect of pain and - 6 - NC: 2025:KHC-K:1996 MFA No. 202536 of 2019 suffering, food, nourishment, conveyance, loss of income during laid up period and loss of amenities. Evidently, the said compensation amount is on the lower side and therefore, the petitioner is entitled for global compensation of Rs.30,000/- instead of Rs.17,000/- under the above heads. 14. In fact the petitioner is entitled for Rs.77,000/- + Rs.30,000/- = Rs.1,07,000/- instead of Rs.28,800/- awarded by the Tribunal. 15. Accordingly, the appeal deserves to be allowed in-part. ORDER (i) The appeal is allowed in-part. (ii) The appellant/petitioner is entitled for compensation of Rs.78,250/- along with interest at 6% p.a. from the date of petition till its deposit (excluding the delay of 576 days in filing the appeal - 7 - NC: 2025:KHC-K:1996 MFA No. 202536 of 2019 vide order dated 27.03.2025) in addition to the compensation awarded by the Tribunal. (iii) The respondent No.2-Insurance Company is directed to deposit the compensation amount within a period of six weeks from the date of this order. (iv) Rest of the order of the Tribunal stands unaltered. (v) The Registry to send back the trial court records to the concerned Tribunal. Sd/- (C M JOSHI) JUDGE SDU LIST NO.: 1 SL NO.: 36 CT: AK