- 1 - HC-KAR NC: 2025:KHC-D:16100 MFA No. 101855 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.101855 OF 2017 (MV-I) BETWEEN: BASAVARAJ S/O. IRAPPA HUBBALLI, AGE: 43 YEARS, OCC: GOVT. SERVANT, R/O. C/O. V.S. KULAKARNI, RTD ENGINEER, 2ND CROSS, 2ND MAIN, VINAYAK NAGAR, RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI-581115. …APPELLANT (BY MS. SUDHA HULMANI, ADVOCATE FOR SRI. G.S. HULMANI, ADVOCATE) AND: 1. THE DIVISIONAL MANAGER, KSRTC, HAVERI DIVISION, HAVERI. 2. SANGEETHA @ MALLAMMA W/O. ANILKUMAR PAWAR, AGE: MAJOR GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:16100 MFA No. 101855 of 2017 OCC: HOUSE HOLD WORK, R/O. NOW C/O. MALLAMMA D/O. BASAPPA MILLI, R/O. AREMALLAPUR VILLAGE, TQ: RANEBENNUR, DIST: HAVERI-581115. 3. SHRIRAM GENERAL INSURANCE CO. LTD., V.A. KALBURGI, HALLMARK BUILDING, DESAI CROSS, PINTO ROAD, HUBBALLI-580020. …RESPONDENTS (BY SRI. A.G. HIREMATH, ADVOCATE FOR R1; MS. ANUSHA, ADVOCATE FOR SRI. S.K. KAYAKAMATH, ADVOCATE FOR R3; NOTICE TO R2 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR THE RECORDS FROM THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED JUDGE IN M.V.C. NO.1/2014 DATED 14TH JANUARY 2016 BY ENHANCING THE COMPENSATION AS PRAYED FOR AND COST OF THE APPEAL AND ETC. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC-D:16100 MFA No. 101855 of 2017 ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Ms. Sudha Hulmani, who represents Sri G.S.Hulmani, learned counsel on record for the appellant and Ms. Anusha, who represents Sri S.K.Kayakamath, learned counsel on record for respondent No.3. Both the learned counsel appeared through Video Conference. Though Sri A.G.Hiremath is on record representing respondent No.1, learned counsel failed to appear and argue the matter. Likewise though notice was served upon respondent No.2, respondent No.2 failed to contest the matter. 2. The appellant, who is the claimant in MVC 1 of 2014, which stood pending before the Additional Motor Accident Claims Tribunal, Ranebennur and was disposed of through order dated 14.01.2016, aggrieved by the sum that is awarded as compensation, is before this Court seeking enhancement. - 4 - HC-KAR NC: 2025:KHC-D:16100 MFA No. 101855 of 2017 3. Making her submission in respect of merits of the matter, learned counsel for the appellant states that the appellant sustained two grievous and two simple injuries in a road traffic accident. The tribunal without considering the evidence produced, awarded meager sum as compensation under all conventional heads. Learned counsel further submits that no sum is awarded as compensation for the loss, the appellant sustained during laid up period. Learned counsel thereby seeks for enhancement in compensation. 4. Learned counsel for respondent No.3 contends that the tribunal having perceived the fact that the appellant was a government servant as on the date of accident and he did not sustain any loss of earnings, failed to award any sum as compensation towards ‘loss of income during laid up period’. Learned counsel further submits that in the light of the submission that is made by learned counsel for the appellant, there may be marginal enhancement. - 5 - HC-KAR NC: 2025:KHC-D:16100 MFA No. 101855 of 2017 5. It is not in dispute that the appellant sustained fracture of right humerous and fracture of lateral condyle of tibia left, which injuries are grievous in nature, apart from two other simple injuries. The tribunal granted a sum of Rs.5,000/- towards ‘pain and suffering’, Rs.1,500/- towards conveyance, diet, extra nourishment and attendant charges and Rs.1,000/- towards ‘loss of amenities in life’. Totally the tribunal awarded a sum of Rs.7,500/-. No evidence whatsoever is on record in proof of the expenditure which the appellant had actually incurred for his treatment. Likewise no evidence is produced to show that the appellant applied leave during the period of treatment and that there was loss of earnings for the said period. However the compensation that is granted by the tribunal is grossly low. The appellant who sustained fracture of right humerous and fracture of left tibia would have taken treatment for those injuries certainly. Also having sustained such injuries, the appellant could have taken assistance of another person to attend his daily needs and necessities at least for a period - 6 - HC-KAR NC: 2025:KHC-D:16100 MFA No. 101855 of 2017 of 3 months. Also the appellant could have incurred not less than Rs.5,000/- for his food, extra-nourishment and conveyance charges till recovery. Having considered all these facts, this Court is of the view that globally, the amount that is granted by the compensation, if enhanced by Rs.40,000/-, the total amount which the appellant will receive 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, Ranebennur, through orders in MVC 1 of 2014 dated 14.01.2016 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. - 7 - HC-KAR NC: 2025:KHC-D:16100 MFA No. 101855 of 2017 (iv) The apportionment made and the liability fixed among the respondents applies to enhanced sum as well. (v) Respondents are directed to deposit their shares before the concerned tribunal within a period of 8 weeks from the date of receipt of certified copy of this judgment. (vi) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 11