- 1 - NC: 2025:KHC-D:2932 MFA No. 20546 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.20546 OF 2012 (MV) BETWEEN: PARASAPPA FAKKIRAPPA KUMANAHALLI, AGED ABOUT 46 YEARS, OCC: AGRICULTURE, R/O: KONANAKERI VILLAGE, TALUK: SHIGGAON, DIST: HAVERI. …APPELLANT (BY SRI LAXMAN C.KULKARNI, ADVOCATE) AND: 1. CHANDRAKANT S/O. APPAJI KANJALEKAR, AGE: MAJOR, OCC: BUSINESS, R/O: NITTUR, TQ: KHANAPUR, DIST: BELAGAVI, OWNER OF THE TRUCK BEARING NO.KA-22/2009. 2. THE MANAGER, THE ORIENTAL INSURANCE CO. LTD., N. K. COMPLEX, KESHWAPUR, HUBLI, POLICY NO.472504/31/2010/1938 VALIDTY POLICY DATED 22.10.2009 TO 21.10.2010. …RESPONDENTS (BY SRI N.R. KUPPELUR, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY AND ALLOWED THE CLAIM PETITION AWARDED BY THE SENIOR CIVIL JUDGE AND A.M.A.C.T. HAVERI, AT: HAVERI, M.V.C. NO.303/2010 DATED 28.10.2011 AND ALLOW THE APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2932 MFA No. 20546 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) The present appeal is filed by the claimant challenging the judgment and award dated 28.10.2011 passed in MVC No.303/2010 by the Senior Civil Judge and MACT, Haveri (hereinafter referred to as ‘the Tribunal’ for short) thereby, the claim petition filed by the claimant was dismissed on the ground that there is no evidence to prove that the claimant sustained injuries in the motor vehicle accident. 2. The claimant has filed claim petition seeking compensation injuries sustained in the road traffic accident, but the Tribunal has dismissed the claim petition on the ground that there is no convincing evidence to prove that the claimant has sustained injuries in the road traffic accident, though the accident is proved. 3. From the medical evidence on record it is proved that the claimant has suffered following injuries: 1) Swelling and tenderness over the left foot. 2) Heated wound over right ring finger. - 3 - NC: 2025:KHC-D:2932 MFA No. 20546 of 2012 3) Swelling and tenderness to the present over right foot. 4) Swelling and tenderness present over left pleat toe. 4. It is the case of the claimant that he has sustained injuries in the road traffic accident and stated that he incurred expenditure of Rs.50,000/- towards medical expenses and hospitalization charges, but the Tribunal has committed an error in dismissing the claim petition by giving finding that he has not sustained injuries. Ex.P-5 is the wound certificate, which proves that the claimant had sustained injuries. Therefore, it is just and proper to award compensation under the head medical expenses accordingly. 5. Considering the nature of injuries sustained, among all the injuries, one injury is grievous in nature as per the wound certificate, and other injuries are simple in nature. Thus, it is just and proper to award global compensation of Rs.10,000/- towards medical expenses. Accordingly, the global compensation of Rs.10,000/- is - 4 - NC: 2025:KHC-D:2932 MFA No. 20546 of 2012 awarded along with interest at the rate of 6% p.a. The Insurance Company is directed to deposit the compensation within a period of eight weeks from the receipt of copy of this judgment. Therefore, the appeal is liable to be allowed in part. 6. Hence, I proceed to pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 28.10.2011 passed in MVC No.303/2010 by the Senior Civil Judge and MACT, Haveri, is hereby set aside. iii. The appellant/claimant is entitled total compensation of Rs.10,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv. The appellant/claimant is not entitled to interest for the delayed period of 104 days in filing the appeal. v. No order as to costs. - 5 - NC: 2025:KHC-D:2932 MFA No. 20546 of 2012 vi. Draw award accordingly. vii. Send back the Trial Court Records along with copy of this judgment. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 58