- 1 - HC-KAR NC: 2025:KHC-D:7390 MFA No. 100615 of 2014 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 06TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 100615 OF 2014 (MV) BETWEEN: SMT. MALLAVVA W/O YAMANAPPA MYAGERI @ ARAMANI, AGE: 35 YEARS, OCC: AGRICULTURE AND MILK VENDING, R/O: TULASIGERI, TQ: DIST: BAGALKOT. … APPELLANT (BY SRI P.N. HOSAMANE, ADVOCATE.) AND: 1. PREMANAD S/O VEERAPPA SAJJAN, AGE: 38 YEARS, OCC: OWNER OF TUMTUM KA-29/A-3327, R/O: HAVANUR(HUVANUR), TQ: HUNAGUND, DIST: BAGALKOT. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., MELLIGERI COMPLEX, KALADAGI ROAD, BAGALKOT. … RESPONDENTS (BY SRI S.C. HIREMATH, ADVOCATE FOR R1; SRI S.S. KOLIWAD, ADVOCATE FOR R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 25.07.2013 PASSED IN MVC NO.493/2011, ON THE FILE OF THE MEMBER M.A.C.T. NO.IV, BAGALKOT AND ETC.,. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:7390 MFA No. 100615 of 2014 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 25.07.2013, passed by the Member, MACT-IV, Bagalkot, in MVC No.493/2011, seeking enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 4. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. “Deglowing injury left elbow extended to lower 3rd arm to upper left forearm’ Loss of skin around elbow.” - 3 - HC-KAR NC: 2025:KHC-D:7390 MFA No. 100615 of 2014 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and suffering. 2,500 2. Towards attendant charges. 1,500 3. Towards conveyance charges. 2,000 4. Towards medical expenses. 34,440 Total: 40,440 6. Considering the nature of injuries sustained, compensation awarded by tribunal is little bit lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award to the extent as stated hereunder. 7. Considering the injuries sustained, a compensation of Rs.15,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.34,440/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.5,000/- towards incidental expenses like food, - 4 - HC-KAR NC: 2025:KHC-D:7390 MFA No. 100615 of 2014 nourishment, travelling, attendant charges, etc., and Rs.6,000/- towards loss of income during laid up period for a period of one month, is awarded. 8. The injuries suffered by the learned counsel are simple in nature. There is no disability pleaded or proved by the claimant. Hence, compensation under the head loss of future income is not awarded. The remaining portion of the judgment passed by the tribunal is left unaltered. 9. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 15,000 2. Medical expenses. 34,440 3. Loss of amenities. 15,000 4. Loss of income during laid up period and medical treatment period. 6,000 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 5,000 Total: 75,440 - 5 - HC-KAR NC: 2025:KHC-D:7390 MFA No. 100615 of 2014 10. Therefore, the claimant is entitled for total compensation of Rs.75,440/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.40,440/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 11. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 25.07.2013, passed by the Member, MACT-IV, Bagalkot, in MVC No.493/2011, stands modified. iii) The claimant is entitled for total compensation of Rs.75,440/- along with interest at the rate of 6% p.a. from the date of petition - 6 - HC-KAR NC: 2025:KHC-D:7390 MFA No. 100615 of 2014 till its realization as against Rs.40,440/- awarded by the tribunal. iv) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. v) Send back the trial Court records along with a copy of this judgment. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: BCK LIST NO.: 1 SL NO.: 32 - 7 - HC-KAR NC: 2025:KHC-D:7390 MFA No. 100615 of 2014 10.09.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL ORDER ON I.A.NO.1/2025 This Court on 06.06.2025 has disposed of the appeal by enhancing the quantum of compensation. The Tribunal has exonerated the Insurance Company on the reason that the driver of the offending vehicle was not holding driving license based on the evidence placed before it. In the appeal, this Court has only dealt with on quantum of compensation and enhanced the quantum of compensation without touching the aspect of the driving license and liability. The Tribunal has put liability on the owner of the offending vehicle by absolving the Insurance Company to pay compensation. This is confirmed in this appeal by the judgment and only interference is in the appeal is with regard to quantum of compensation. When this being the fact, due to inadvertent, an error is crept in the judgment in page No.5 at paragraph 10 and page No.6 at Clause (iv) that Insurance Company is directed to deposit the compensation. This error is rectified in this order. Therefore, it is rectified that the owner of the offending vehicle shall pay compensation to the claimant. Accordingly, the following correction is made: - 8 - HC-KAR NC: 2025:KHC-D:7390 MFA No. 100615 of 2014 “In page No.5 at paragraph 10 at 5th line, it is corrected as 'the owner of the offending vehicle is directed to pay compensation within eight weeks from the date of receipt of certified copy of the judgment'. Therefore, for the words "insurance company", the words "owner of the offence vehicle" shall be substituted. In page No.6, at Clause (iv), it is corrected as follows: “The owner of the offending vehicle shall deposit the amount within a period of eight weeks from the date of receipt of certified copy of this judgment. Therefore, for the words "insurance company", the words "owner of the offending vehicle" shall be substituted. Accordingly, I.A.No.1/2025 is allowed. This order shall be read in conjunction with the order dated 06.06.2025. Registry is directed to furnish free copy of the judgment. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA