- 1 - NC: 2025:KHC-D:5266 MFA No. 24911 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MFA NO.24911 OF 2012 (MV-I) BETWEEN: KESHAV HALDIPUR S/O. JATTI, AGE 56 YEARS, OCC: POSTMAN & AGRICULTURIST, R/O. HALDIPUR, TAL: HONNAVAR, DIST: KARWAR. … APPELLANT (BY SRI. S. V. YAJI, ADVOCATE) AND: YASHWANT BILAGI S/O. GANAPATI, AGE 43 YEARS, OCC: POLICE CONSTABLE, R/O.KUMTA POLICE STATION, TAL: KUMTA, DIST: KARWAR … RESPONDENT (NOTICE TO SOLE RESPONDENT IS SERVED) THIS MFA IS FILED U/S.173(1) OF M.V. ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 28-08-2012 PASSED IN MVC NO.204/2010 ON THE FILE OF THE MEMBER, ADDL. MACT, HONAVAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5266 MFA No. 24911 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. Heard the arguments of the learned counsel Shri S.V. Yaji appearing for the appellant. 2. This appeal is filed by the claimant against the judgment and award dated 28th August 2012, passed in MVC No.204 of 2010 by the Addl. MACT, Honnavar. 3. Brief facts of the case are that on 01.05.2010, at about 4:00 p.m., the claimant met with an accident near Nellikeri Bus Stand due to the rash and negligent riding of the motorcycle bearing registration No.KA-47/E-7916. As a result of the same, claimant sustained injuries mentioned in the wound certificate and discharge summary. He was admitted as an inpatient at A.J. Hospital at Mangalore from 05.05.2010 to 14.05.2010 and incurred an expenses of Rs.50,000/- towards treatment. The claimant is employed in the postal department, earning Rs.8,000/- per month. Due to the injuries sustained in the accident, he has suffered a loss of income during treatment. For these - 3 - NC: 2025:KHC-D:5266 MFA No. 24911 of 2012 reasons, he has prayed to award global compensation of Rs.1,00,000/-. 4. The respondent denied averments made in the claim petition and prayed for its dismissal. 5. The Tribunal framed necessary issues and recorded the evidence of the claimant. After hearing both parties and appreciating the pleadings and evidence, the Tribunal awarded compensation of Rs.25,000/- with interest at 6% p.a. from the date of petition till realization. 6. Being aggrieved by the same, the claimant filed this appeal seeking enhancement of compensation. 7. Occurrence of the accident and injuries sustained by the claimant are not in dispute. Based on the medical evidence on record, it is proved that the claimant had sustained the following injures: (i) Abrasion on posterior aspect of head; (ii) Abrasion on the right elbow; - 4 - NC: 2025:KHC-D:5266 MFA No. 24911 of 2012 (iii) Abrasion on the right leg with diffuse swelling; the injury was referred to higher centre for a C.T. Scan; (iv) The scan reveals a left temporal contusion, right parieto-occipital-temporal extradural hemotoma. Injuries (i), (ii), and (iii) are simple in nature, whereas injury (iv) is grievous. 8. The claimant was admitted to A.J. Hospital and Research Center in Mangalore as an inpatient for 14 days, from 01.05.2010 to 14.05.2010. The discharge summary has been produced on record; however, it was not marked. It indicates that the claimant sustained injuries, including extradural haematoma in left parieto-occipital region with mass effect, haemorrahagic contusion in right temporal lobe, and subarachnoid haemorrhage. The Doctor who treated the claimant made the following entries in the discharge summary: “Neurologically he was in altered sensorium, opening eyes to pain, localizing briskly to pain, pupils were 3mm equal and reacting to light. Extra ocular movements were full range. There was bilateral perobital ecchymosis and (left) tibial contusion. He had paucity of right sided movements.” - 5 - NC: 2025:KHC-D:5266 MFA No. 24911 of 2012 9. The claimant produced a salary certificate at Ex.P4 and an office order granting him committed leave for 60 days. Considering the nature of injuries sustained by the claimant and treatment at A.J. Hospital & Research Center in Mangalore for 15 days, it is evident that, although the injuries mentioned in Ex.P2 appears to be simple in nature, but they were not so simple. He had certain complications from said injuries. He was admitted as an inpatient and treated for 15 days. He availed committed leave for 60 days. Had he not met with accident used them for different purpose. Considering all these facts and circumstances, the compensation awarded by the Tribunal appears to be inadequate. The claimant is entitled for an enhancement. 10. For the aforesaid reason, this Court pass the following: ORDER (i) The appeal is allowed in part. (ii) The claimant is entitled to an enhanced compensation of Rs.35,000/- in addition to amount awarded by the Tribunal with - 6 - NC: 2025:KHC-D:5266 MFA No. 24911 of 2012 interest at 6% p.a. from the date of petition till its reaslisation. (iii) The respondent – owner shall deposit the enhanced compensation within a period of eight weeks from the date of passing of the award, before the Tribunal. (iv) Entire amount shall be released in favour of the claimant upon due identification. (v) Send back the trial Court records along with a copy of this judgment. (vi) Draw the award accordingly. Sd/- (UMESH M ADIGA) JUDGE VNP / CT: AN List No.: 1 Sl No.: 3