- 1 - NC: 2025:KHC-D:2458 MFA No. 25050 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.25050 OF 2013 (MV-D) BETWEEN: GOPAL VIRUPAXAPPA MALLUR, AGED ABOUT 46 YEARS, OCC: BUSINESS, R/O: MUMMIGATTI, TQ: DHARWAD. …APPELLANT (BY SRI SHIVAKUMAR S.BADAWADAGI, ADVOCATE) AND: 1. BASAPPA S.KARIKATTI, AGE: MAJOR, OCC: BUSINESS, R/O: HAROBELAVADI, TQ: DHARWAD, DIST: DHARWAD. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY, LIMITED DIVISIONAL OFFICE, LEA COMPLEX, NEAR HDMC DHARWAD. …RESPONDENTS (BY SRI M.G. GADGOLI, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE APPEAL AND CONSEQUENTLY BE PLEASED TO MODIFY THE JUDGMENT AND AWARD DATED 09.03.2011 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, DHARWAD IN MVC NO.143/2007, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2458 MFA No. 25050 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the matter is listed for admission, with the consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal. 2. This appeal is filed by the claimant challenging the judgment and award dated 09.03.2011, passed by the I Additional Senior Civil Judge and CJM, Dharwad, in MVC No.143/2007 (hereinafter referred to as ‘the Tribunal’ for short), seeking enhancement of compensation. 3. Heard the arguments and perused the material placed before the Court. 4. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 5. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. - 3 - NC: 2025:KHC-D:2458 MFA No. 25050 of 2013 i. Severe difuse head injury. ii. Fracture of clavicle bone (left) iii. Fracture of shaft femur bone(right) iv. Haemo premo therox. 6. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and suffering. 30,000/- 2. Towards medical expenses. 2,500/- 3. Towards loss of amenities. 10,000/- 4. Towards food, nourishment and attendant charges. 2,000/- Total: 44,500/- 7. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 8. Considering the injuries sustained, a compensation of Rs.50,000/- towards pain and suffering, Rs.40,000/- towards loss of amenities are awarded, Rs.15,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc. Further, - 4 - NC: 2025:KHC-D:2458 MFA No. 25050 of 2013 Rs.12,000/- towards loss of income during laid up period for a period of 3 months, is awarded. 9. The Tribunal has awarded compensation of Rs.2,500/-, which is on the lesser side. The claimant has produced medical bills for having made expenditure of Rs.23,705/-. Therefore there is no reason to reduce the compensation under the head medical and hospitalization expenses. Consequently, a compensation of Rs.23,705/- is awarded under the head medical and hospitalization expenses. 10. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. 50,000/- 2. Towards medical expenses. 23,705/- 3. Towards loss of amenities. 40,000/- 4. Towards loss of income during laid up period and medical treatment period. 12,000/- 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 15,000/- Total: 1,40,705/- - 5 - NC: 2025:KHC-D:2458 MFA No. 25050 of 2013 11. Therefore, the claimant is entitled for total compensation of Rs.1,40,705/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.44,500/- awarded by the Tribunal. Respondent No.2/Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 12. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 09.03.2011, passed by the I Additional Senior Civil Judge and CJM, Dharwad, in MVC No.143/2007, stands modified. iii) The claimant is entitled for total compensation of Rs.1,40,705/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv) The claimant is not entitled for interest for the delayed period of 923 days in filing the appeal. - 6 - NC: 2025:KHC-D:2458 MFA No. 25050 of 2013 v) Respondent No.2/Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. vi) Send back the trial Court records along with a copy of this judgment. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 44