- 1 - NC: 2025:KHC-D:3607 MFA No. 20987 of 2013 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.20987 OF 2013 (MV-I) BETWEEN: SMT. KAMALAWWA W/O. RUDRAPPA HARIJAN, AGE: 26 YEARS, OCC: COOLIE, R/O: CHICKKANANDI, TQ: GOKAK, DIST: BELAGAVI. …APPELLANT (BY SRI HANAMANT R. LATUR, ADVOCATE) AND: 1. SHRI SHRIKANT S/O. MAHADEVAPPA PATAGUNDI, AGE: 28 YEARS, OCC: DRIVER, R/O: MAMADAPUR, TQ: GOKAK, DIST: BELAGAVI. 2. THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, SY.NO.213/2B, PLOT-3, MUNAVALLI COMPLEX, LAXMI TEMPLE ROAD, NEAR COURT CIRCLE, GOKAK, DIST: BELAGAVI. …RESPONDENTS (BY SRI RAVINDRA R.MANE, ADVOCATE FOR R2 (V/C); R1 – NOTICE SERVED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 29.12.2012, PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, GOKAK, IN MVC NO.2766/2010, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3607 MFA No. 20987 of 2013 THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 29.12.2012, passed by the Principal Senior Civil Judge and Addl. MACT, Gokak, in MVC No.2766/2010, seeking enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 4. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. “Contusion on right shoulder and contusion on lumber spine.” - 3 - NC: 2025:KHC-D:3607 MFA No. 20987 of 2013 5. The tribunal has awarded global compensation of Rs.15,000/-. 6. Considering the nature of injuries sustained, compensation awarded by tribunal is marginally lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 7. Considering the injuries sustained, even though the injuries are simple in nature, the claimant has produced medical bills for a sum of Rs.4,950/- and the claimant has suffered pain physically as well as mentally. She might have spent amount towards travelling, food, diet, nourishment, attendant charges, as someone had to accompany her at the hospital, and suffered loss of income for some days during treatment. Therefore, considering all these things, a global compensation of Rs.30,000/- is awarded which would meet the ends of justice. 8. Therefore, the claimant is entitled for total compensation of Rs.30,000/- along with interest at the rate of 6% p.a. from the date of filing of the petition till - 4 - NC: 2025:KHC-D:3607 MFA No. 20987 of 2013 realization, as against Rs.15,000/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 9. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 29.12.2012, passed by the Principal Senior Civil Judge and Addl. MACT, Gokak, in MVC No.2766/2010, is modified. iii) The claimant is entitled for total compensation of Rs.30,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. - 5 - NC: 2025:KHC-D:3607 MFA No. 20987 of 2013 v) Send back the trial Court records along with a copy of this judgment. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 0