- 1 - HC-KAR NC: 2025:KHC-D:13972 MFA No. 104071 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.104071 OF 2022 (MV-I) BETWEEN: SHARANAPPA S/O. KALLAPPA HOSALLI @ JAVOOR, AGE ABOUT 56 YEARS, OCC: PRIVATE WORK, R/O. HOSALLI – 583234, TA: KOPPAL, DIST: KOPPAL. …APPELLANT (BY SRI. M.M. PATIL, ADVOCATE) AND: 1. KHASIMSAB S/O. HUSSAINSAB JAVOOR HAVALDAR, AGE: ABOUT 29, OCC: DRIVER, R/O. NEAR GOVERNMENT SCHOOL, THINTHANI-585290, TA: SURPUR, DIST: YADAGIRI. 2. VISHWANATH S/O. BASAVARAJ SHAHAPUR, AGE: ABOUT 34, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13972 MFA No. 104071 of 2022 OCC: OWNER OF OFFENDING VEHICLE, R/O. NEAR GOVERNMENT SCHOOL, VAJJAL – 585215, TQ: SURPUR, DIST: YADAGIRI. 3. RELIANCE GENERAL INSURANCE COMPANY LTD., 3RD FLOOR, ACN PLAZA, TIMAPURI CIRCLE, MAIN ROAD, KALABURGI (GULBARGA)-585101, TA & DIST: KALABURGI (GULBARGA), BY MANAGER POLICY NO: 6103542334000500 POLICY PERIOD DT: 17-10-2014 TO 16-10-2015. …RESPONDENTS (BY SRI SUBHASH J. BADDI, ADVOCATE FOR R3; NOTICE TO R1 IS SERVED; NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION AND SET ASIDE THE JUDGMENT AND AWARD PASSED IN M.V.C. NO.244/2016 VIDE ORDER DATED 18.02.2022 PASSED BY THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOPPAL AT KOPPAL, 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:13972 MFA No. 104071 of 2022 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri M. M. Patil learned counsel for the appellant as well as Sri Subash J. Baddi learned counsel for respondent No.3. 2. Being aggrieved by the sum that is awarded as compensation by the Additional Motor Accident Claims Tribunal, Koppal, through orders in MVC 244 of 2016 dated 18.02.2022, the claimant therein preferred the present appeal. 3. When learned counsel for the appellant states that the compensation that is granted by the tribunal is grossly low and therefore the same requires enhancement, learned counsel for respondent No.3 submits that the tribunal considering the evidence produced, granted justifiable sum as compensation and therefore the award needs no interference. 4. It is not in dispute that the appellants sustained fracture of temporal bone and fracture of femur which are - 4 - HC-KAR NC: 2025:KHC-D:13972 MFA No. 104071 of 2022 grievous in nature apart from one another simple injury. When the order of the tribunal is gone through, this Court finds that the tribunal having discussed the merits of the case at length, came to a conclusion that the appellant is entitled to a sum of Rs.2,78,261/- towards medical expenses, Rs.40,000/- towards pain and suffering, Rs.3,29,396/- towards loss of income during treatment period, Rs.5,000/- towards conveyance charges, Rs.8,000/- towards food, nourishment and attendant charges and Rs.50,000/- towards future medical expenses. The total sum that is awarded as compensation is Rs.7,10,657/-. 5. The compensation thus granted cannot be termed to be totally unreasonable as projected by learned counsel for the appellant. However considering the fact that the appellant sustained two grievous injuries and one simple injury and took extensive treatment, this Court is of the view that the compensation granted under the heads ‘pain and suffering’, ‘conveyance charges’, towards ‘food, nourishment and attendant charges’ requires marginal enhancement. Also as - 5 - HC-KAR NC: 2025:KHC-D:13972 MFA No. 104071 of 2022 rightly contented no compensation is awarded towards loss of amenities in life. Hence this Court is of the view that globally the compensation granted is required to be enhanced by Rs.50,000/-, so that the total sum which the appellant receives will be justifiable. Hence 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, Koppal, through orders in MVC 244 of 2016 dated 18.02.2022 is enhanced by Rs.50,000/-. (iii) Respondent No.3 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. (iv) On deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM List No.: 1 Sl No.: 3