- 1 - HC-KAR NC: 2025:KHC-D:14972 MFA No. 104532 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.104532 OF 2017 (MV-I) BETWEEN: SRI. ARUNGOUDA DANAGOUDA PATIL, AGE: 36 YEARS, OCC: MILK VENDING, NOW NIL, R/O: K.K. KOPPA, TQ: & DIST: BELAGAVI-591105. …APPELLANT (BY SRI. DATTATRAYA TIMMANNA HEBBAR, ADVOCATE) AND: 1. SHRI BASANAGOUDA RAMANGOUDA PATIL, AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.570, NIRALAGI GALLI, K.K. KOPPA, TQ: & DIST: BELAGAVI-591105. 2. THE NATIONAL INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, D.O. RAMDEV GALLI, BELAGAVI-590001. …RESPONDENTS (BY SMT. SHARMILA M. PATIL, ADVOCATE FOR R2; R1- NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION FROM RS.2,05,500-00 TO RS.14,00,000-00 BY MODIFYING THE JUDGMENT AND AWARD PASSED BY THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI DATED 05-05-2017 IN M.V.C.NO.1138/2016, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:14972 MFA No. 104532 of 2017 ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Projecting that he is entitled to a higher sum as compensation, the petitioner in MVC 1138 of 2016 that stood pending before the Additional Motor Accident Claims Tribunal, Belagavi and was disposed of through order dated 05.05.2017 preferred the present appeal. 2. Heard Sri Dattatraya Timmanna Hebbar, learned counsel for the appellant as well as Ms. Sharmila M. Patil, learned counsel for respondent No.2. 3. Learned counsel for the appellant submits the appellant sustained a grievous injury in a road traffic accident. He took treatment as in patient and during the course of treatment he underwent a surgery also. Through by all the evidence produced he established the aspect of disability. The appellant as an agriculturist and by doing milk vending business was earning Rs.15,000/- per month. In the light of the occupation of the appellant and the disability he is left with, the compensation that is granted by the tribunal is on lower side and therefore the same requires enhancement. - 3 - HC-KAR NC: 2025:KHC-D:14972 MFA No. 104532 of 2017 4. Learned counsel for respondent No.2 states that the appellant failed to establish his occupation and earnings as on the date of accident and therefore the award passed is justifiable. 5. It is not in dispute that the appellant sustained condyler fracture of right tibia which is grievous in nature. Equally it is not in dispute that the appellant took treatment as inpatient for a period of 5 days. The accident admittedly occurred in the year 2016. Having considered the nature of injury sustained, this Court is of the view that the appellant could have taken bed rest at least for a period of 3 months. The tribunal awarded a sum of Rs.9,000/- only towards ‘loss of income during the laid up period’. The said sum as rightly contented by learned counsel for the appellant is on lower side. Also, the amount that is granted as compensation towards ‘pain and suffering’ i.e. Rs.20,000/- requires marginal enhancement. Also the appellant is entitled to compensation towards ‘loss of amenities in life’ which the tribunal failed to award. Considering these aspects this Court is of the view that - 4 - HC-KAR NC: 2025:KHC-D:14972 MFA No. 104532 of 2017 globally the appellant is entitled to an additional sum of Rs.40,000/- as compensation. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Belagavi, through orders in MVC 1138/2016 dated 05.05.2017 is enhanced by Rs.40,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit except for a period of delay of 135 days as per orders in IA No.1 of 2017. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, the appellant is permitted to withdraw entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 32