- 1 - HC-KAR NC: 2025:KHC-D:16118 MFA No. 103742 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 103742 OF 2016 (MV-I) BETWEEN: SHRI GUBBANAIK LAGAMAPPA KUPPANI, AGE: 29 YEARS, OCC: COOLIE, R/O: YALLAPUR, TQ: HUKKERI, DIST: BELAGAVI. &APPELLANT (BY SMT. SHWETHA KULKARNI, ADVOCATE FOR SRI. NITIN BOLABANDI, ADVOCATE) AND: 1. SHRI BASAVANI YALLAPPA NAIK, AGE: MAJOR, OCC: BUSINESS, R/O: GUTAGUDDI, TQ: HUKKERI, DIST: BELAGAVI. (OWNER OF THE 407 PASSENGER TEMPO KA-29-4604) 2. THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., MARUTI GALLI, BELAGAVI, DIST: BELAGAVI. (INSURER OF THE 407 PASSENGER TEMPO KA-29-4604) POLICY NO.24010031112-P-300787215 VALID FROM 19.10.2012 TO 18.10.2013) &RESPONDENTS (BY SRI. N.R. KUPPELUR, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:16118 MFA No. 103742 of 2016 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR THE RECORDS CONNECTED WITH MVC NO.535/2013 PASSED BY THE X ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER ADDITIONAL MACT, BELAGAVI, SET ASIDE THE SAME AND MODIFY THE AWARD DATED 01/04/2016 ENHANCING THE SAME IN THE INTEREST OF JUSTICE. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Ms.Swetha Kulkarni, who represents Sri Nitin Bolabandi, learned counsel on record for the appellant, as well as Sri N.R.Kuppelur, learned counsel for respondent No.2. 2. Challenge in this appeal is the award that is passed by the Additional Motor Accident Claims Tribunal Belagavi in MVC 535 of 2013 dated 01.04.2016. This is a claimant9s appeal. - 3 - HC-KAR NC: 2025:KHC-D:16118 MFA No. 103742 of 2016 3. Arguing the matter, learned counsel for the appellant states that the appellant sustained fracture of both ramous of left pubis which is grievous in nature. The appellant spent huge amount for his treatment and though he took treatment as inpatient, he is left with permanent physical disability. The appellant produced the evidence of PW18 who stated that the disability is 15% in respect of left lower limb. But without considering the evidence thus produced, the tribunal awarded very meager sum as compensation and therefore the present appeal is filed. Learned counsel thereby seeks for enhancement in compensation. 4. On the other hand Sri N.R.Kuppelur learned counsel for respondent No.2 states that the aspect of disability was not established by the appellant in clear terms. Learned counsel also submits that the appellant failed to produce material documents to establish his claim and therefore the tribunal awarded a sum of Rs.75,200/- in total. Learned counsel however finally states that in the - 4 - HC-KAR NC: 2025:KHC-D:16118 MFA No. 103742 of 2016 light of the submission that is made by learned counsel for the appellant there may be marginal enhancement. 5. It is not in dispute that the appellant sustained fracture of both ramous left pubis and took treatment as inpatient for 8 days. The tribunal granted a sum of Rs.40,000/- towards 8pain and suffering9, Rs.15,000/- for 8transportation, food and attendant charges9, Rs.10,000/- towards 8loss of amenities in life9 and Rs.10,200/- for medical expenses. Thus totally the tribunal awarded a sum of Rs.75,200/- as compensation. The evidence of PW18 is that the disability is 15% which is permanent and physical in respect of left lower limb. For the reasons best known, the appellant failed to produce the discharge card and the summary sheet. However undisputedly, the appellant sustained a grievous injury and took treatment as inpatient for a period of 8 days. 6. Having considered the nature of injury sustained, this Court is of the view that the appellant could not have - 5 - HC-KAR NC: 2025:KHC-D:16118 MFA No. 103742 of 2016 attended his normal pursuits at least for a period of 3 months. Also the appellant has to lead his rest of the life, with disability at least to an extent of 4% to 5% in respect of whole body. Thus considering all these factors, this Court is of the view that the appellant is entitled to an additional sum of Rs.75,000/- globally. 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 MVC 535 of 2013 dated 01.04.2016 is enhanced by Rs.75,000/-. (iii) Respondent No.2 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) Failure on part of respondent No.2 to deposit the enhanced sum within the time granted, - 6 - HC-KAR NC: 2025:KHC-D:16118 MFA No. 103742 of 2016 will lead to payment of interest at the rate of 6% per annum from the date of petition till the date of deposit. (v) On deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 15