- 1 - HC-KAR NC: 2025:KHC-D:9352 MFA No. 23203 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 23203 OF 2012 (MV-) BETWEEN: 1. SMT. LAXMI W/O. YESHWANT ZNUJAWADKAR AGE: 53 YEARS, OCC: AGRICULTURE, R/O. HONAKAL, TQ: KHANAPUR, DIST: BELAGAVI. …APPELLANT (BY SRI. B. I. PATIL, ADV) AND: 1. SRI. SHANKAR SHIVALING KALAL AGE: MAJOR, OCC: BUSINESS, R/O. RAMNAGAR, TQ: JOIDA, DIST: KARWAR. 2. THE DIVISIONAL MANAGER NEW INDIA ASSURANCE COMPANY LIMITED CLUB ROAD, BELAGAVI. …RESPONDENTS (BY SRI. G.N. RAICHUR, ADV FOR R2, NOTICE TO R1 IS SERVED) THIS MFA IS FILED U/SEC.173(1) OF M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED 03.10.2011 PASSED IN MVC NO.1778/2009 ON THE FILE OF THE MEMBER, MACT, KHANAPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.22 12:59:49 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9352 MFA No. 23203 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. This Miscellaneous First Appeal is filed by the petitioner, challenging the judgment and award dated 03.10.2011 passed in MVC No.1778/2009 by the learned Member, Motor Accidents Claims Tribunal, and Senior Civil Judge, Khanapur (for short, ‘the Tribunal’). 2. Brief facts, leading rise to the filing of this appeal are as follows: On 26.01.2008, the petitioner had gone to her field for work and, after concluding the work, while returning to her house at Honakal village, on the Khanapur-Goa road, a Goods Tempo 407 bearing registration No.KA-23/5187 came from the rear side in a rash and negligent manner and dashed to the petitioner. Due to the impact, the petitioner fell down and sustained grievous injuries. The petitioner was initially taken to P.H.C.,Khanapur and thereafter shifted to the District Civil Hospital, Belagavi, for the further treatment. The petitioner was admitted as - 3 - HC-KAR NC: 2025:KHC-D:9352 MFA No. 23203 of 2012 an inpatient from 26.01.2008 to 23.02.2008. It is contended that the petitioner has spent more than Rs.50,000/- towards medical expenses. It is contended that the petitioner is an agriculturist and earns Rs.4,500/- per month. However, due to the injuries sustained in the accident, she is unable to work and is not in a position to walk, and sit properly. Hence, the petitioner filed the claim petition. 3. Despite service of a notice, respondent No.1 remained absent before the Tribunal and he was place exparte. 4. Respondent No.2/Insurance Company filed a written statement denying the averments made in the claim petition, including the nature of the accident, the nature of the injuries, and the age of the petitioner. It is contended that the driver of the offending vehicle was not having a valid, and effective driving license at the time of the accident. Hence, prays to dismiss the claim petition against respondent No.2/Insurance Company. - 4 - HC-KAR NC: 2025:KHC-D:9352 MFA No. 23203 of 2012 5. The Tribunal, based on the pleadings of the parties, framed the relevant issues for consideration. 6. To prove her case, the petitioner examined herself as PW-1, examined the doctor as PW-2 and marked 15 documents as Exs.P1 to P15. Respondent No.2 has not led any oral evidence, but with the consent, the insurance policy was marked as Ex.R1. 7. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part, and awarded a compensation of Rs.45,000/- along with interest at the rate of 9% per annum from the date of the petition till the realisation, and directed respondent No.2 to deposit the award amount within 30 days from the date of the order. 8. The petitioner dissatisfied with the quantum of compensation awarded by the Tribunal, has filed this Miscellaneous First Appeal. - 5 - HC-KAR NC: 2025:KHC-D:9352 MFA No. 23203 of 2012 9. Heard the arguments of the learned counsel for the petitioner, and learned counsel for Insurance Company. 10. Learned counsel for the petitioner submits that the compensation awarded by the Tribunal is on the lower side. He further submits that the Tribunal has not awarded the compensation under the head of loss of amenities. Hence, on these grounds, prays to allow the appeal. 11. Learned counsel for Insurance Company submits that the compensation awarded by the Tribunal on all the heads, is just and proper, and do not warrant any interference by this court. Hence, he prays to dismiss the appeal. 12. The point, that arises for consideration, is: “Whether the appellant/petitioner has made out a case for enhancement of the compensation amount?” - 6 - HC-KAR NC: 2025:KHC-D:9352 MFA No. 23203 of 2012 13. There is the no dispute that the petitioner met with an accident on 26.01.2008, and sustained grievous injuries. To prove that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle, the petitioner produced a certified copy of the charge sheet marked as Ex.P6, which discloses that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. Therefore, the Tribunal was justified in answering issue No.1 in the affirmative. 14. Insofar as the quantum of compensation is concerned, the petitioner produced the wound certificate marked as Ex.P5, which discloses that the petitioner had sustained five injuries and thereafter, based on the X-ray report, again four injuries were mentioned. The petitioner was admitted as an inpatient on 26.01.2008 and was discharged on 23.02.2008. The petitioner has produced the discharge summary card issued by the District Hospital, Belagavi, marked as - 7 - HC-KAR NC: 2025:KHC-D:9352 MFA No. 23203 of 2012 Ex.P8. However, the petitioner has not produced any medical bills to substantiate her claim that she had spent more than Rs.50,000/- towards medical expenses. 15. The petitioner, to prove that she has suffered a permanent disability, examined the Doctor as PW-2, who examined the petitioner and issued a disability certificate marked as Ex.P13, wherein it is opined that the appellant has permanent physical disability to the extent of 25% regarding the left upper limb. Admittedly, PW-2 is not the treated Doctor. He has issued only disability certificate as per Ex.P13. The assessment of 25% permanent disability by PW-2 is on the higher side. Accordingly, this Court assesses the permanent physical disability at 9%. 16. The petitioner was aged about 55 years as on the date of the accident, and the petitioner has not produced any document to prove her income. In the absence of the proof of income, as per the notional income chart issued by the Karnataka State Legal Services - 8 - HC-KAR NC: 2025:KHC-D:9352 MFA No. 23203 of 2012 Authority for 2008, the notional income of the appellant is taken at Rs.4,250/- per month. Considering the nature of injuries and the age of the petitioner, this Court reassesses the compensation, under the following heads: 1 Towards loss of future income Rs.50,490/-, rounded off to Rs.50,500/- 2 Towards pain and suffering Rs.50,000/- 3 Towards loss of income during laid up period (Rs.4,250/- x 3) Rs.12,750/- 4 Towards loss of amenities Rs.25,000/- 5 Towards incidental expenses like food, nourishment, conveyance, attendant charges and etc., Rs.25,000/- Total Rs.1,63,250/- 17. Thus, in all, the petitioner is entitled to a total compensation of Rs.1,63,250/- along with interest at the rate of 9% p.a. from the date of filing of the petition till its realisation, as against Rs.45,000/- awarded by the Tribunal. Respondent No.2-Insurance Company is directed to deposit the compensation amount within eight weeks from the date of receipt of a certified copy of this Judgment. - 9 - HC-KAR NC: 2025:KHC-D:9352 MFA No. 23203 of 2012 18. In view of the above discussion, the point for consideration is answered in the affirmative, and accordingly, I proceed to pass the following: ORDER (i) The Miscellaneous First Appeal is allowed. (ii) The judgment and award dated 03.10.2011 passed by the learned Member, Motor Accidents Claims Tribunal and Senior Civil Judge, Khanapur, in MVC No.1778/2009, stands modified. (iii) The appellant/claimant is entitled to a total compensation of Rs.1,63,250/- along with interest at the rate of 9% p.a. from the date of the petition till its realisation. (iv) Respondent No.2-Insurance Company shall deposit the award amount within a period of - 10 - HC-KAR NC: 2025:KHC-D:9352 MFA No. 23203 of 2012 eight weeks from the date of receipt of a certified copy of this judgment. (v) No order as to the costs. (vi) Draw award accordingly. Sd/- (ASHOK S. KINAGI) JUDGE RHR/- CT: BSB List No.: 2 Sl No.: 5