- 1 - NC: 2025:KHC:8506 MFA No. 2052 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.2052 OF 2016(MV-I) BETWEEN: 1. 2. 3. GULAPPA, S/O ERANNA, AGED ABOUT 41 YEARS, LORRY DRIVER, RESIDENT OF GOPALPURA ROAD, CHITRADURGA TOWN, CHITRADURGA TALUK AND DISTRICT PIN CODE-577 501. SINCE DECEASED BY HIS LRS., SMT. NAGARATHNA, AGED ABOUT 42 YEARS, W/O. LATE GULAPPA, SRI. DURGAPRASAD, AGED ABOUT 22 YEARS, S/O. LATE GULAPPA, MISS. VACHANAGANGA, AGED ABOUT 12 YEARS, SINCE MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT. NAGARATHNA ALL ARE RESIDENTS NEAR PEDDAMMA YELLAMMA TEMPLE AND ALSO GOPALPURA WATER TANK, BOVI COLONY, CHITRADURGA TOWN, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8506 MFA No. 2052 of 2016 CHITRADURGA TALUK AND DISTRICT, PIN NO - 577 501. …APPELLANTS (BY SRI. R. CHANDRANNA, ADVOCATE) AND: 1. M. S. NAGARAJU, S/O. M. SANJEEVASHETTY, AGE-MAJOR, OWNER OF LORRY BEARING, REG NO.KA-16-C-7070, R/O NEW SANTHEMAIDAN, CHITRADURGA TOWN, PIN CODE-577 501. 2. THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPNAY LTD., BRANCH OFFICE, SHARADA COMPLEX, I FLOOR, P. B. ROAD, OPP TO KSRTC BUS STAND, CHITRADURGA TOWN, PIN CODE-577 501. …RESPONDENTS (BY SRI. A.N. KRISHNASWAMY, ADVOCATE FOR R2; R1 IS SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.11.2015 PASSED IN MVC NO.765/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT-4, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:8506 MFA No. 2052 of 2016 CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri.R.Chandranna, learned counsel for the appellant as well as Sri.A.N.Krishnaswamy, learned counsel for respondent No.2. 2. Challenge in this appeal is the order that is rendered by the IV Additional Motor Accident Claims Tribunal, Chitradurga in MVC No.765/2013 dated 04.11.2015. 3. The appeal was initially preferred by the injured claimant. However, on account of his death during pendency of the appeal, his wife and children were brought on record as the legal representatives of the deceased claimant. 4. Learned counsel for the appellants submits that the injured claimant sustained grievous injuries in a road traffic accident and became permanently disabled. Though the nature of injuries were established and the aspect of disability was also established, the Tribunal did not award any sum as compensation either under the head loss of earnings during the treatment period or loss of future earnings. Learned counsel - 4 - NC: 2025:KHC:8506 MFA No. 2052 of 2016 also states that the compensation that is awarded by the Tribunal is too meager and therefore the same requires enhancement. 5. Per contra, the submission that is made by learned counsel for respondent No.2 is that the injured claimant neither established his occupation nor earnings by the date of accident. Learned counsel further states that the injured claimant also did not establish the aspect of disability and therefore the appeal is not maintainable. 6. The Tribunal awarded a sum of Rs.20,000/- as compensation globally. As per the contents of Ex.P7 - wound certificate, the injured claimant sustained fracture of distal phalanx of 2nd and 3rd toe which is grievous in nature. Though the appellant produced Ex.P10 disability certificate, he did not choose to establish its genuineness before the Tribunal. Likewise the injured claimant failed to produce any proof with regard to his hospitalization and medical expenditure. Equally, the injured claimant failed to establish his occupation and earnings by the date of accident. However, as rightly contended by learned counsel for the appellants, the amount awarded as - 5 - NC: 2025:KHC:8506 MFA No. 2052 of 2016 compensation i.e. Rs.20,000/- is on lower side. The injured claimant who sustained a fracture would have taken bed rest for not less than two months. He would have certainly suffered loss of earnings during the said period. Also the injured claimant would have incurred certain medical expenditure for his treatment. For taking treatment he would have incurred atleast nominal expenditure towards transportation and attendant charges. Therefore, considering all these factors, this Court is of the view that the compensation is required to be enhanced globally by Rs.30,000/-. 7. Thus, the appeal is disposed of with the following ORDER i) The appeal is allowed in part. ii) The compensation that is granted by the IV Additional Motor Accident Claims Tribunal, Chitradurga, through orders in MVC No.765/2013 dated 04.11.2015 is enhanced from Rs.20,000/- to Rs.50,000/-. iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. - 6 - NC: 2025:KHC:8506 MFA No. 2052 of 2016 iv) Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of copy of this order. v) On such deposit, the appellants No.1 to 3 are entitled to received the said amount with equal shares. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 32