- 1 - NC: 2025:KHC-D:682 MFA No. 101347 of 2017 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101347 OF 2017 (MV-I) BETWEEN: SRI MUDDU MALLAPPA S/O. LATE KENCHAPPA, AGE: 54 YEARS, OCC: WORKING AS CONDUCTOR IN KSRTC BUS, R/O: LAKSHMI NIVAS, 5TH CROSS, OPPOSITE TO PARK, KUVEMPU NAGAR, BALLAI-583101. …APPELLANT (BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: 1. SRI DADAPEER S/O. KABUDDIN SAB, AGE: 53 YEARS, OCC: DRIVER OF THE TATA INDICA VISTA CAR NO.KA 37/M 6108, R/O: HOSALLI ROAD, VENKATACHAR COLONY, 25TH WARD, GANGAVATHI, TQ: KOPPAL-583227. 2. SMT. K.V. LAKSHMI DEVI W/O. NAVEEN KUMAR K.G. AGE: 32 YEARS, OCC: OWNER OF TATA INDICA VISTA CAR NO.KA 37/M 6108, R/O: WARD. NO.5, BLOCK NO.1, HOSALLI ROAD, GANGAVATHI, DIST: KOPPAL-583227. 3. M/S. TATA AIG GENERAL INSURANCE COMPANY LTD., BY ITS BRANCH MANAGER, BALLARI-583101. …RESPONDENTS (BY SRI SUBHASH J.BADDI, ADVOCATE FOR R3; R1 AND R2-SERVICE OF NOTICE DISPENSED WITH.) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:682 MFA No. 101347 of 2017 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 01.07.2016 IN MVC NO.1166/2013 PASSED BY THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI, AND MAY KINDLY BE SET ASIDE ONLY IN SO FAR IT PERTAINS TO THE REJECTION OF THE CLAIM OF THE APPELLANT, BY ALLOWING THIS APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 01.07.2016, passed by the Motor Accident Claims Tribunal-XII, Ballari, in MVC No.1166/2013, 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. - 3 - NC: 2025:KHC-D:682 MFA No. 101347 of 2017 “A punctured wound over anterior aspect of upper part of right leg; fracture of lateral condyle of tibia; fracture of upper 1/3rd of fibula.” 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and suffering. 80,000 2. Towards medical expenses, attendant charges and motorcycle repair charges. 5,10,000 3. Towards loss of amenities as well as loss of salary during treatment. 60,000 Total: 6,50,000 6. The claimant is working as Conductor in KSRTC Bus. Therefore, he is not entitled for compensation under the head loss of income due to disability as he has continued in the same job with the same salary and also his promotional avenues is not affected due to the injuries sustained. But the compensation awarded under the head pain and suffering and loss of amenities is marginally on lower side. Considering the fact that the claimant was inpatient for a period of 14 days in the hospital, the compensation awarded - 4 - NC: 2025:KHC-D:682 MFA No. 101347 of 2017 by the tribunal under the head incidental expenses like conveyance, attendant charges, food and nourishment and vehicle repair charges, is also marginally on lower side. Therefore, it is just and proper to award additional global compensation of Rs.60,000/- in addition to what has been awarded by the tribunal, along with interest at the rate of 6% p.a. from the date of petition till the date of realization. 7. The Insurance Company is directed to deposit the compensation within a period of eight weeks from the date of receipt of a certified copy of this judgment. 8. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 01.07.2016, passed by the Motor Accident Claims Tribunal-XII, Ballari, in MVC No.1166/2013, stands modified. - 5 - NC: 2025:KHC-D:682 MFA No. 101347 of 2017 iii) The claimant is entitled for additional global compensation of Rs.60,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization, in addition to the compensation of Rs.6,50,000/- 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 a copy of this judgment to the tribunal. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD List No.: 2 Sl No.: 17