- 1 - HC-KAR NC: 2025:KHC-D:14969 MFA No. 103981 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.103981 OF 2016 (MV-I) BETWEEN: D. NIRANJAN S/O. LATE POMPAPATHY, 28 YEARS, WORKING AS A TECHNICIAN IN WORK POWER GRID CORPORATION OF INDIA, R/O: D.NO.9, WARD NO.20, NEHRU COLONY, NEAR SRIRAMACHANDRA HOUSE, BALLARI. …APPELLANT (BY SRI. MANJUNATH G. PATIL, ADVOCATE) AND: 1. R. RASOOL MIAH, S/O. KHASIM SAB, 65 YEARS, DRIVER OF THE RTC BUS BEARING REG. NO.AP-21/Y-2721, R/O: NARASIMHA REDDY NAGAR, KURNOOL DIST.A.P. 2. S. RASOOL MIAH S/O. S. CHINNA KAREEM SAHEB, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:14969 MFA No. 103981 of 2016 60 YEARS, OWNER OF THE RTC BUS BEARING REG. NO.AP-21/Y-2721, R/O: HOUSE NO.45-158-37-A, N.R. NAGAR, KURNOOL A.P. 3. THE NEW INDIA ASSURANCE COMPANY LTD., BY ITS DIVISIONAL MANAGER, EDIGA HOSTEL COMPLEX, DOUBLE ROAD, BALLARI. …RESPONDENTS (BY SRI. G.N. RAICHUR, ADVOCATE FOR R3; NOTICE TO R1 AND R2 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE LOWER COURT RECORDS IN M.V.C.NO.168/2014 DATED 28.10.2015 ON FILE OF MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-IIND BALLARI; ENHANCE THE COMPENSATION FROM RS.1,60,130/- RS.14,50,000/- M.V.C.NO.168/2014 DATED 28.10.2015 ON FILE OF MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-IIND AT BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC-D:14969 MFA No. 103981 of 2016 ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Manjunatha G. Patil, learned counsel for the appellant who appears physically before this Court as well as Sri G.N.Raichur, learned counsel for respondent No.3, who appears through Video Conference. 2. The appellant, who admittedly sustained a grievous injury in a road traffic accident that occurred in 2013, filed a petition claiming compensation of Rs.14,50,000/- in total. The Motor Accident Claims Tribunal-II, Ballari, which entertained the case as MVC 168 of 2014 rendered orders on 28.10.2015 holding that the appellant is entitled to a sum of Rs.1,60,130/- as compensation. The version of the appellant is that he is entitled to a higher sum. 3. Arguing the matter, learned counsel for the appellant states that the appellant took treatment as in patient for a period of 15 days and he incurred more than a lakh towards medical expenses. Learned counsel submits that the appellant as a technician was earning Rs.30,000/- per month as on the date of accident. The appellant took bed rest - 4 - HC-KAR NC: 2025:KHC-D:14969 MFA No. 103981 of 2016 for a period of 3 months. However the tribunal granted a sum of Rs.15,000/- only towards ‘loss of earnings during laid up period’. Learned counsel also states that the tribunal did not award any sum as compensation towards ‘food, extra- nourishment, attendant and conveyance charges’. Learned counsel further submits that the compensation granted towards ‘loss of amenities in life’ is also on lower side. Learned counsel thereby seeks for enhancement in compensation. 4. On the other hand, Sri G.N.Raichur, learned counsel for respondent No.3 submits that the appellant failed to examine atleast one of the doctors who treated him. Learned counsel further submits that the compensation that is granted by the tribunal is just and reasonable, however there may be marginal enhancement in the light of the submission that is made by learned counsel for the appellant. 5. As per the evidence produced, the appellant sustained injury to fronto parietal region which is grievous in nature. It is not in dispute that the appellant took treatment as inpatient for 12 days. The tribunal granted a sum of - 5 - HC-KAR NC: 2025:KHC-D:14969 MFA No. 103981 of 2016 Rs.50,000/- towards ‘pain and suffering’, Rs.90,128/- which includes ‘medical expenses, nursing, attendant and extra- nourishment charges’, Rs.15,000/- towards ‘loss of earnings during laid up period’ and Rs.5,000/- towards ‘loss of amenities’. The tribunal failed to award any amount towards ‘conveyance charges’ which the appellant would have incurred during the course of treatment. Likewise, the compensation granted towards ‘loss of amenities in life’ is on lower side. Though learned counsel for the appellant seeks to grant compensation towards ‘loss of earnings during laid up period’ taking the laid up period as three months, there is no evidence to show that the appellant did not attend his normal pursuits for such period. Therefore, this Court is of the view that, the appellant cannot be granted compensation towards ‘loss of earnings during laid up period’ holding that he has not attended his duties for a period of three months. This Court is of the view that globally the compensation that is granted by the tribunal is required to be enhanced by Rs.40,000/-. Therefore the appeal is disposed of with the following: - 6 - HC-KAR NC: 2025:KHC-D:14969 MFA No. 103981 of 2016 ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal-II, Ballari through orders in MVC 168 of 2014 dated 28.10.2015 is enhanced by Rs.40,000/-. (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) Failure on part of respondent No.3 to deposit the amount within the time granted will lead to payment of interest at the rate of 6% per annum from the date of petition till the date of deposit on the enhanced sum. (v) On such deposit, the appellant is permitted to withdraw entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 31