- 1 - HC-KAR NC: 2025:KHC-D:15518 MFA No. 104713 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 104713 OF 2024 (MV-I) BETWEEN: MEENAKSHI ISHWAR BENAGI, AGE: 35 YEARS, OCC: AGRICULTURE COOLIE, R/O. GANDHI NAGAR, RAMDURG, TQ: RAMDURG DIST: BELAGAVI-591123. …APPELLANT (BY MISS.GEETHA K.M., ADVOCATE) AND: 1. MR. ALTAF NAZEERAHAMMED HOSUR, AGE: MAJOR, OCC: BUSINESS, R/O. BASAWAN GALLI, RAMDURG, TQ: RAMDURG, DIST: BELAGAVI. (OWNER OF THE TUM TUM RICKSHAW BEARING REG.NO.KA-24/5231) 2. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO. LTD., BELGAVI DIVISION, INGALAGI BUILDING GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15518 MFA No. 104713 of 2024 R.S.NO.778, 779 OLD BUS STAND ROAD, SAUNDATTI, DIST: BELAGAVI-591126. (INSURER OF TUM TUM RICKSHAW BEARING REG.NO.KA-24/5231) POLICY NO.6105033110003439. VALID PERIOD 21.03.2018 TO 20.03.2019. …RESPONDENTS (BY SRI. S.V. YAJI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 24.07.2023 PASSED BY SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, RAMDURG IN MVC NO.138/2019 AND ENHANCE THE COMPENSATION AS CLAIMED BY THE APPELLANT BY HOLDING THAT THE INSURANCE COMPANY IS LIABLE TO PAY THE SAME IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL COMING ON FOR DISMISSAL THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15518 MFA No. 104713 of 2024 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Miss.Geetha K.M., learned counsel for the appellant who appears before this Court physically as well as Sri.S.V.Yaji, learned counsel for respondent No.2 who appears through video conference. 2. The claimant in M.V.C. No.138/2019 which stood pending before the Motor Accident Claims Tribunal, Ramdurg (hereinafter referred to as ‘the Tribunal’ for brevity) and was disposed of through order dated 24.07.2023 has preferred the present appeal seeking enhancement in compensation. 3. Miss.Geetha K.M., learned counsel for the appellant submits that the appellant sustained grievous injury to the head and is left with disability of 50% in respect of whole body. However, the Tribunal without - 4 - HC-KAR NC: 2025:KHC-D:15518 MFA No. 104713 of 2024 considering the evidence of PW-2 took the disability in respect of whole body as 10% which is unjustifiable. Learned counsel states that the compensation granted under all other heads is also on lower side. Learned counsel thereby seeks for enhancement in compensation. 4. Sri.S.V.Yaji, learned counsel for respondent No.2 on the other hand submits that PW-2 is not a Doctor who treated the appellant. That apart, he does not possess any qualification to issue disability certificates. The Tribunal therefore has rightly assessed the disability in respect of whole body as 10%. Learned counsel also states that the compensation that is granted by the Tribunal is just and reasonable and therefore, the appeal is not maintainable. 5. As per the contents of Ex.P.5-Wound Certificate, the appellant sustained linear non depressed fracture of the left parietal bone apart from other simple injuries. The appellant succeeded in establishing that she took treatment as inpatient from 28.08.2018 to 09.09.2018. However, the - 5 - HC-KAR NC: 2025:KHC-D:15518 MFA No. 104713 of 2024 injuries sustained including the grievous injury were treated conservatively. Having considered the discussion made at para 12 of the impugned order, this Court is of the view that there are no reasons to interfere with the findings of the Tribunal that the disability in respect of whole body is to be taken as 10%. 6. The Tribunal awarded a sum of Rs.35,000/- towards pain and suffering, Rs.7,638.32/- towards medical expenses, Rs.11,750/- towards loss of income during laid up period, Rs.2,39,700/- towards loss of future earnings, Rs.17,000/- towards loss of amenities in life and Rs.17,000/- towards attendant, conveyance, food and nourishment charges. The Tribunal awarded a sum of Rs.3,28,100/- in total. 7. Having gone through the entire case record, this Court is of the view that the compensation granted towards loss of income during laid up period requires enhancement. The appellant might have taken bed rest at least for a - 6 - HC-KAR NC: 2025:KHC-D:15518 MFA No. 104713 of 2024 period of 3 months. The compensation that is granted by the Tribunal under all other heads is just and reasonable. Therefore, globally this Court is of the view that the compensation that is granted by the Tribunal is required to be enhanced by Rs.30,000/-. 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 Motor Accident Claims Tribunal, Ramdurg through orders in M.V.C. No.138/2019 dated 24.07.2023 is enhanced by Rs.30,000/-. (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 the period of delay of 337 days as per the orders on I.A. No.1/2024. - 7 - HC-KAR NC: 2025:KHC-D:15518 MFA No. 104713 of 2024 (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 16