- 1 - HC-KAR NC: 2025:KHC-D:8853 MFA No. 102830 of 2017 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 102830 OF 2017 (MV-I) BETWEEN: SHRI MOUNESH S/O BRAHMANAND PATTAR, AGE: 46 YEARS, OCC: SERVICE (NOW NIL), R/O: JAMKHANDI, NOW AT K.C. NAGAR, 3RD CROSS, BAILHONGAL-591 102, DIST: BELAGAVI. … APPELLANT (BY SRI MADANMOHAN M. KHANNUR, ADVOCATE.) AND: 1. SHRI RAVI S/O VEERAPPA SIMIKERI, AGE: 34 YEARS, OCC: BUSINESS, R/O: LOKAPUR, TQ: MUDHOL-587 313, DIST: BAGALKOT. 2. THE GENERAL MANAGER/MANAGER LEGAL, ROYAL SUNDARAM ALIANZ INSURANCE CO. LTD., SUNDARAM TOWER, 45 AND 46 WHITES ROAD, CHENNAI, STATE: TAMILNADU. … RESPONDENTS (R1 AND R2 – NOTICE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 09.03.2017, PASSED IN M.V.C. NO.1435/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, AT BAILHONGAL AND AWARD THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION AND ETC.,. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.08.14 12:07:10 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8853 MFA No. 102830 of 2017 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 09.03.2017, passed by the Senior Civil Judge and Additional MACT, Bailhongal, in MVC No.1435/2014, seeking enhancement of compensation. 2. Heard the arguments of learned counsel for appellant and perused the material placed before the Court. Though the respondents are served with notices, they remained unrepresented. 3. In this case occurrence of accident and claimant sustaining injuries in a road traffic accident and coverage of insurance, are not dispute. 4. In this case from the medical evidence on record it is proved that the claimant had sustained the following injuries. i) Right long oblique with shattered tibia fracture extending from proximal platue upto lower third region with un displaced fibula fracture; - 3 - HC-KAR NC: 2025:KHC-D:8853 MFA No. 102830 of 2017 ii) Anterior cruciate ligament tear right knee; iii) Medial maniacal tear with medial collateral ligament tear on right knee. 5. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 50,000 2. Loss of amenities and future unhappiness. 20,000 3. Medical expenses. 1,53,000 4. Incidental expenses. 20,000 5. Future medical expenses. 25,000 Total 2,68,000 6. Hence, considering the nature of injuries sustained, compensation awarded by the Tribunal is little bit lesser side. Therefore, the same is required to be enhanced under few heads, by modifying the judgment and award. 7. Considering the injuries sustained, a compensation of Rs.50,000/- towards pain and suffering awarded by the tribunal is kept intact. The compensation of Rs.1,53,000/- awarded towards medical expenses is as - 4 - HC-KAR NC: 2025:KHC-D:8853 MFA No. 102830 of 2017 per the actual bills and receipts produced. Hence, the same is also kept intact. Further, Rs.50,000/- is awarded towards loss of amenities and Rs.40,000/- towards future medical expenses is awarded. Further, Rs.30,000/- is awarded towards incidental expenses like food, nourishment, diet, attendant charges and conveyance charges etc., 8. The claimant was a Government employee working in ITI college and has joined to his service after treatment and there is no loss of pay or future prospects and there is no evidence on record to that effect. Therefore, no compensation is awarded under the head loss of future income due to disability as rightly held by the tribunal. Further, the claimant has not produced any proof regarding availment of leave or loss of pay during treatment period. Therefore, no compensation is awarded under the head loss of income during laid up period also. The observation made by the tribunal with regard to these two heads is left unaltered. - 5 - HC-KAR NC: 2025:KHC-D:8853 MFA No. 102830 of 2017 9. Thus, the claimant would be entitled for compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 50,000 2. Loss of amenities. 40,000 3. Incidental charges like attendant, diet, nourishment charges and Conveyance etc. 30,000 4. Medical expenses. 1,53,000 5. Future medical expenses. 40,000 Total: 3,13,000 10. Therefore, the claimant is entitled for total compensation of Rs.3,13,000/- along with interest at the rate of 6% p.a., from the date of filing of the petition till realization, as against Rs.2,68,000/- awarded by the Tribunal. The insurance company is directed to deposit the compensation amount within eight weeks from the date of receipt of a certified copy of this judgment. 11. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. - 6 - HC-KAR NC: 2025:KHC-D:8853 MFA No. 102830 of 2017 ii) The judgment and award dated 09.03.2017, passed by the Senior Civil Judge and Additional MACT, Bailhongal, in MVC No.1435/2014, stands modified. iii) The claimant is entitled for total compensation of Rs.3,13,000/- along with interest at the rate of 6% p.a., from the date of filing of the petition till realization, as against Rs.2,68,000/- awarded by the Tribunal. iv) The claimant is not entitled for interest for the delayed period of 65 days in filing the appeal. v) The insurance company shall deposit the compensation amount within a period of eight weeks from the date of receipt of a copy of this judgment. vi) Send a copy of this judgment and award to the tribunal. - 7 - HC-KAR NC: 2025:KHC-D:8853 MFA No. 102830 of 2017 vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 47