- 1 - HC-KAR NC: 2025:KHC-D:14305 MFA No. 100947 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.100947 OF 2020 (MV-I) BETWEEN: SHANTINATH TAVANAPPA MAJAGAVI, AGE: 43 YEARS, OCC: AGRICULTURAL COOLIE/ MILK VENDING, (NOWN NIL), R/O: ALARWAD, TQ: DIST: BELAGAVI-590020. …APPELLANT (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, NWKRTC BELAGAVI DIVISION, BELAGAVI-590001. …RESPONDENT (BY M/S. VAISHALI K. KALADAGI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C. NO.1901/2018 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI DATED 17.01.2020 BY ALLOWING THIS APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.31 11:00:36 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14305 MFA No. 100947 of 2020 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Harish S.Maigur, learned counsel for the appellant as well as Miss.Vaishali K.Kaladagi, learned counsel for the respondent. 2. Dissatisfied with the sum that is awarded as compensation by the Additional Motor Accident Claims Tribunal, Belagavi (hereinafter referred to as ‘the Tribunal’ for brevity) through orders in M.V.C. No.1901/2018 dated 17.01.2020, the claimant therein is before this Court seeking enhancement. 3. Arguing on the merits of the matter, learned counsel for the appellant states that the appellant sustained grievous injuries to his head and as per the evidence of PW-2, the disability in respect of whole body is 15% to 20%. But the Tribunal took the disability in respect of whole body as 10% unjustifiably. Learned counsel also states that - 3 - HC-KAR NC: 2025:KHC-D:14305 MFA No. 100947 of 2020 the compensation that is granted by the Tribunal under all heads is on lower side. 4. Opposing the submission thus made, learned counsel for the respondent submits that the appellant failed to produce any proof with regard to his occupation and earnings as on the date of accident. Learned counsel further states that the appellant took treatment as inpatient only for a period of 8 days and thus the compensation granted by the Tribunal is justifiable. 5. The Tribunal through the impugned order awarded a sum of Rs.2,80,400/- as compensation divided under following heads: Sl. No Heads Compensation amount in Rs. 1 Pain and suffering 30,000 2 Medical expenses 44,200 3 Future loss of earning 1,51,200 4 Loss of earning during treatment period 27,000 5 Conveyance, attendant charges, nourishment 8,000 6 Loss of amenities 20,000 Total 2,80,400 - 4 - HC-KAR NC: 2025:KHC-D:14305 MFA No. 100947 of 2020 6. As rightly contended, the appellant failed to produce any substantive proof with regard to his occupation and earnings as on the date of accident. The accident occurred in the year 2016. The Tribunal took the notional income for the relevant period as Rs.9,000/- per month which needs no interference. Also the assessment of disability in respect of whole body that is 10% by the Tribunal requires no interference. The appellant succeeded in establishing that he took treatment as inpatient for a period of 8 days. Also by all the evidence produced the appellant succeeded in establishing that he sustained injuries over left temporal area and right basifrontal lobe. Also it is established that the appellant was found with bleeding from left ear at the time of admission. Further it is clear that despite taking treatment, the appellant is left with disability of 10% in respect of whole body. Thus, considering all these aspects, this Court is of the view that the compensation that is granted by the Tribunal towards - 5 - HC-KAR NC: 2025:KHC-D:14305 MFA No. 100947 of 2020 conveyance, attendant charges and nourishment requires marginal enhancement and in the like manner, compensation granted under the heads ‘pain and suffering’ and ‘loss of amenities’. Therefore, this Court considers desirable to enhance the compensation that is granted by the Tribunal by Rs.25,000/-. 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, Belagavi through orders in M.V.C. No.1901/2018 dated 17.01.2020 is enhanced by Rs.25,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. - 6 - HC-KAR NC: 2025:KHC-D:14305 MFA No. 100947 of 2020 (iv) The respondent is directed to deposit the enhanced sum within a period of 8 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.: 38