- 1 - HC-KAR NC: 2025:KHC-D:14458 MFA No. 100199 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 100199 OF 2025 (MV-I) BETWEEN: SHRI RATAN S/O. PATREPPA INCHAL, AGE: 31 YEARS, OCC: AGRICULTURE (NOW NIL), R/O. YARZARVI, TQ: SOUNDATTI, BELAGAVI – 591119. …APPELLANT (BY SRI. VIJAYKUMAR KOTIN, ADVOCATE) AND: 1. SHRI SHIDRAM VEERAPPA TALLUR, AGE: 50 YEARS, OCC: JOB & AGRICULTURE, R/O. NAGANUR, TQ: BAILHONGAL-591102. OWNER OF HONDA SHINE MOTORCYCLE BEARING NO. KA.24/J-6155 2. THE GENERAL MANAGER/MANAGER LEGAL, ORIENTAL INSURANCE COMPANY LTD., HOSUR ROAD, SOGALAD BUILDING, Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.31 11:00:34 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14458 MFA No. 100199 of 2025 BAILHONGAL, DIST: BELAGAVI – 591102, INSURER OF HONDA SHINE MOTORCYCLE BEARING NO. KA.24/J-6155 AND ITS POLICY BEARING NO.472203/31/2019 VALIDITY FROM 01.01.2019 TO 31.12.2019 …RESPONDENTS (BY SMT. PREETI SHASHANK, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C. NO.825/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL DATED 01.09.2023 BY ALLOWING THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14458 MFA No. 100199 of 2025 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Vijaykumar Kotin, learned counsel for the appellant as well as Smt.Preeti Shashank, learned counsel for respondent No.2. 2. Challenge in this appeal is the award that is passed by the Additional Motor Accident Claims Tribunal, Bailhongal (hereinafter referred to as ‘the Tribunal’ for brevity) in M.V.C. No.825/2020 dated 01.09.2023. This is a claimant's appeal. As against the claim for Rs.15,00,000/- in total, the Tribunal awarded a sum of Rs.69,386/- as compensation. 3. Learned counsel for the appellant submits that the appellant sustained grievous injuries in a road traffic accident and he took treatment as inpatient for considerable period. Though the appellant is left with permanent physical - 4 - HC-KAR NC: 2025:KHC-D:14458 MFA No. 100199 of 2025 disability, no amount is awarded as compensation either towards loss of future earnings or towards loss of earnings during laid up period. Learned counsel submits that the appellant as an agriculturist was earning Rs.18,000/- per month by the date of accident and due to injuries sustained, he is unable to attend any work. Learned counsel thereby seeks for enhancement in compensation. 4. On the other hand, learned counsel for respondent No.2 submits that the appellant failed to examine the Doctor who treated him. The appellant did not adduce any evidence to show that he is permanently and completely disabled. Therefore, the Tribunal has rightly awarded a sum of Rs.69,386/- as compensation and thus the award needs no interference. 5. It is not in dispute that the appellant sustained subdural bleed in the left tentorium cerebellum, bilateral fracture of temporal bone and fracture of foramen magnum. Also it is not in dispute that the appellant took treatment as - 5 - HC-KAR NC: 2025:KHC-D:14458 MFA No. 100199 of 2025 inpatient for a period of 5 days. The Tribunal awarded a sum of Rs.20,000/- towards pain and suffering, Rs.44,386/- towards medical expenses and Rs.5,000/- towards diet, nourishment, attendant and conveyance charges. The accident occurred in the year 2019. Considering the relevant period of occurrence of accident and the nature of injuries sustained, this Court is of the view that the appellant is entitled for a sum of Rs.40,000/- more under the head pain and suffering. Also the sum awarded towards food, extra nourishment, attendant and conveyance charges is grossly low. Also as rightly contented, the Tribunal failed to award any sum as compensation towards loss of earnings during laid up period. So far as loss of future earnings is concerned, as the appellant failed to adduce any evidence in that regard, the Tribunal has rightly ignored to award any sum as compensation towards loss of future earnings. Therefore, this Court is of the view that, globally a sum of Rs.75,000/- is required to be awarded as compensation in addition to the sum that is awarded as compensation by the - 6 - HC-KAR NC: 2025:KHC-D:14458 MFA No. 100199 of 2025 Tribunal so that the total sum which the appellant receives will be justifiable. 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, Bailhongal through orders in M.V.C. No.825/2020 dated 01.09.2023 is enhanced by Rs.75,000/-. (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 413 days as per orders in I.A. No.1/2025. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of - 7 - HC-KAR NC: 2025:KHC-D:14458 MFA No. 100199 of 2025 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 List No.: 1 Sl No.: 29