- 1 - NC: 2025:KHC:10642 MFA No. 4287 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 4287 OF 2016 (MV-I) BETWEEN: SMT. SIDDALINGAMMA W/O LATE. SHIVANANDAPPA, AGED ABOUT 48 YEARS, COOLIE WORK, R/O P&T QUARTERS, BEHIND SP OFFICE, 'B' BLOCK, DEVRAJ URS LAYOUT, DAVANAGERE - 577 001. …APPELLANT (BY SRI. M. R. HIREMATHAD, ADVOCATE) AND: 1. SHIVAKUMARA B.S., S/O CHANDRAPPA B.S., AGED ABOUT 31 YEARS, DRIVER OF TOOFAN VEHICLE BEARING REG. NO.KA-17/B-467, R/O NAGATHI BASAPURA VILLAGE, HADAGALI TALUK, BELLARY DISTRICT - 583 101. 2. K.S. NAGARAJ S/O SOMANNA, MAJOR, OWNER OF TOOFAN VEHICLE BEARING REG. NO.KA-17/B-467, R/O JANATHA COLONY, 2ND CROSS, SHAMANUR, DAVANAGERE TALUK - 577 001. 3. THE MANAGER NATIONAL INSURANCE CO., LTD., DIVISIONAL OFFICE, MELAGIRI PLAZA, Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10642 MFA No. 4287 of 2016 OPP: DENTAL COLLEGE, DAVANAGERE - 577 001. …RESPONDENTS (VIDE ORDER DATED 03.12.2021, NOTICE TO R1 AND R2 IS DISPENSED WITH SRI. SHIVARAJ PATIL, ADVOCATE FOR R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.04.2015 PASSED IN MVC NO.739/13 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE & 5TH MACT, DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT Heard learned counsel for the appellant as well as learned counsel for respondent No.3. 2. This appeal is filed by the claimant challenging the judgment and award dated 08.04.2015 passed in MVC.No.739/2013 on the file of I Additional Senior Civil Judge and V MACT, Davanagere, for enhancement of compensation. 3. The parties are referred to as per their ranking before the Tribunal. 4. It is the case of the claimant that claimant was traveling in Toofan vehicle bearing registration NO.KA-17/B- - 3 - NC: 2025:KHC:10642 MFA No. 4287 of 2016 467 from Davanagere to Tirupati. On 10.06.2013, around 4.30 a.m., when the said vehicle was proceeding on NH-4, at that time, the respondent No.1 being the driver of the said vehicle drove the same in a rash and negligent manner and dashed against a lorry that was going infront of the offending vehicle. Due to the same, the claimant had sustained fracture of left clavicle middle. 1/3rd injuries to head, left hand, legs and other injuries. She was admitted at Bapuji Hospital, Davanagere, as in-patient from 10.06.2013 to 17.06.2013. She had spent more than rupees one lakh towards the medical expenses. She has been suffering from permanent disability. With these reasons, she prayed to award compensation of Rs.8,00,000/- with interest @ 12% per annum from the date of the petition till the realization of the amount. 5. Other victims of the accident had also filed claim petition in MVC.No.740/2013 and 742/2013 and all the three matters were taken up together by the Tribunal. 6. The respondent No.3 is the insurer of the offending vehicle. It denied the contentions of the claim petition and it has contended that its liability is restricted to the terms and - 4 - NC: 2025:KHC:10642 MFA No. 4287 of 2016 conditions of policy of insurance and also holding of valid and effective driving license by the driver of the offending vehicle at the time of the accident. With these reasons, prayed to reject the claim petition. 7. From the rival contentions of the parties, the Tribunal framed the following necessary issues: i. Whether the petitioner proves that on 10.06.2013 at about 4.30 a.m. on NH-4 road near J.G.Halli village, Hiriyur Taluk, she sustained injuries in motor vehicle accident due to rash and negligent act of the driver of the Toofan bearing registration No.KA-17/B-467 i.e. respondent No.1 as pleaded in the petition? ii. Whether the respondents prove that they are not liable to pay the compensation for the reasons mentioned in his objection statement? iii. Whether the petitioner is entitled for compensation? If so, at what rate and from whom? iv. What order or award? - 5 - NC: 2025:KHC:10642 MFA No. 4287 of 2016 8. The Tribunal recorded common evidence, in respect of all the three petitions referred above. The claimants have examined 5 witnesses as PW-1 to PW-5.(out of them PW- 1 is the claimant in MVC.No.739/2013). PW-5 is the doctor, who has treated the claimant. Claimant got marked 99 documents as Exs.P1 to P99. Respondent No.3 got marked one document as Ex.R1. 9. The Tribunal after hearing the parties and appreciating pleadings and evidence by the impugned judgment and award held that accident had taken place due to rash and negligent driving of the offending vehicle by its driver; Claimant sustained injuries in the said accident and assessed the compensation under different head as under: SL.NO. PARTICULARS AMOUNT IN (RS.) 1. Pain and suffering 25,000 2. Loss of amenities and discomfort in life 5,000 3. Medical expenses and other incidental charges 14,000 4. Loss of income for rest period 4,000 Total 48,000/- 10. The facts of the accident and the injuries sustained by the claimant are not in dispute. The respondents have not filed any appeal against the judgment and award passed by the Tribunal. - 6 - NC: 2025:KHC:10642 MFA No. 4287 of 2016 11. Following point arises for determination: i. Whether the appellant/claimant is entitled for enhancement of compensation? 12. Above said point is partly answered in the affirmative; for the following reasons. 13. The Tribunal on the basis of the records held that claimant had sustained fracture of left clavicle, middle 1/3rd, fracture of anterior part of 1st rib on right side, injuries to head, left hand, legs and other parts of the body. The Tribunal has also noted that the claimant had taken treatment as in- patient for about 7 days in Bapuji Hospital, Davanagere. However, amount of compensation awarded under the head pain and suffering is on the lower side. The Tribunal has not awarded compensation under the head attendance charges, special diet etc. Amount as compensation awarded under the head medical expenses, incidental charges were etc., is very meager. The Tribunal has not awarded compensation under the head loss of future earning capacity due to permanent disability. It is true that fracture of rib and clavicle does not lead to loss of future earning capacity due to permanent disability. However that may certainly lead to loss of several - 7 - NC: 2025:KHC:10642 MFA No. 4287 of 2016 amenities available to a healthy person. The Tribunal has awarded meager amount of compensation under the head loss of amenities, which needs enhancement. The claimant is said to be a Anganwadi Teacher. Therefore, the contention of the appellant that she had lost her earning for about 3 to 4 months cannot be considered. The claimants have not produced any documents to show that she had applied leave or her salary was not paid during the said period. 14. For the aforesaid discussions, the award of compensation is recalculated and following amount is awarded as under: SL.NO. PARTICULARS AMOUNT IN (RS.) 1. Pain and suffering 60,000 2. Loss of amenities and discomfort in life 20,000 3. Medical expenses and other incidental charges 14,000 4. Loss of income for rest period 4,000 5. Attendance charges, special diet and conveyance charges 15,000 Total Rs.1,13,000/- Claimant is entitled for total compensation of Rs.1,13,000/- as against Rs.48,000/- awarded by the Tribunal. And entitled for enhancement of Rs.65,000/-. Accordingly, the above said question is answered 'partly-in-the-affirmative' and proceed to pass the following: - 8 - NC: 2025:KHC:10642 MFA No. 4287 of 2016 ORDER i. The appeal is allowed in part. ii. The Judgment and award passed in MVC.No.739/2013 dated 08.04.2015 by the I Additional Senior Civil Judge and MACT-V, Davanagere is modified. iii. The claimant is entitled for enhancement compensation of Rs.65,000/- with interest @ 6% per annum from the date of petition till the realization on the enhanced compensation. (excluding delay of 350 days in filing the appeal). iv. Respondent No.3 - insurer shall deposit the said amount within a period of six weeks from the date of drawing of the award. vi. Registry is directed to send back the records to the Tribunal along with the copy of the judgment. Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 23