- 1 - NC: 2025:KHC-D:4294-DB MFA No. 101756 of 2017 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 05TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE C.M.POONACHA MISCELLANEOUS FIRST APPEAL NO.101756 OF 2017 (MV-I) BETWEEN: SMT. R. KALAVATI W/O. M. RAJA, AGE: 47 YEARS, OCC: HOUSEHOLD WORK CUM TAILORING, R/O: J. NITYANANDAN M. JAYARAM QUARTERS, ARVINDNAGAR, HUBBALLI, DIST: DHARWAD-580024. …APPELLANT (BY SMT. SUNITHA P. KALASOOR, ADVOCATE.) AND: 1. YALLAPPA S/O. PRALHADAPPA ELGER, AGE: MAJOR, OCC: BUSINESS, R/O: PLOT NO.12, KALYAN NAGAR, LINGARAJNAGAR, BEHIND RAMBAPURI, KALYAN MANTAP, HUBBALLI, DIST: DHARWAD-580031. 2. THE MANAGER, IFCO TOKIYO GENERAL INSURANCE COMPANY LTD., BRANCH OFFICE, DAJIBANPET, HUBBALLI, DIST: DHARWAD-580028. …RESPONDENTS (BY SRI M.Y. KATAGI, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE II ADDITIONAL Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4294-DB MFA No. 101756 of 2017 SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T., HUBBALLI DATED 23.11.2016 IN M.V.C.NO.653/2014 AND AWARD THE COMPENSATION AS PREYED FOR IN THE CLAIM PETITION, BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present appeal is filed by the claimant challenging the judgment and award dated 23.11.2016, passed in MVC No.653/2014, by the Court of II Additional Senior Civil Judge and Additional MACT, Hubballi1, seeking enhancement of compensation. 2. The parties will be referred to as per their ranking before the Tribunal, for the sake of convenience. 3. The factual matrix in brief leading to the present appeal is that on 11.12.2023 when the claimant was travelling in a Tavera vehicle bearing registration No.KA-22/N-5481 from Hubballi to Goa, a lorry bearing registration No.KA-25/C-9659 being driven by its driver in a 1 Hereinafter referred to as ‘the Tribunal’ - 3 - NC: 2025:KHC-D:4294-DB MFA No. 101756 of 2017 rash and negligent manner, hit the vehicle in which the claimant was travelling causing the accident in question, wherein the claimant sustained grievous injuries. Claiming compensation for the injuries sustained in the accident, the claimant filed claim petition against the owner and insurer of the lorry who are respondents No.1 and 2 before the tribunal. 4. The owner of the vehicle remained exparte before the Tribunal. The claim proceedings were contested by the 2nd respondent insurer. 5. The claimant examined himself as PW.1. Ex.P.1 to P.10 were marked. The policy of the insurance was marked as Ex.R.1. The tribunal by its judgment and award dated 23.11.2016, awarded a total compensation of ₹20,000/- together with interest at 6% p.a. Being aggrieved, the claimant has filed the present appeal seeking for enhancement of compensation awarded. 6. Heard the submissions of learned counsel Smt.Sunitha P. Kalasoor, for the appellant/claimant and - 4 - NC: 2025:KHC-D:4294-DB MFA No. 101756 of 2017 learned counsel Sri M.Y.Katagi, for the 2nd respondent insurer. 7. The finding of the Tribunal with regard to liability and negligence is not under challenge and the same has attained finality. Hence the only aspect that is considered in the present appeal is that the quantum of compensation to be awarded. 8. Learned counsel for the appellant/claimant submits that the claimant has sustained grievous injuries to the face and eye and she was doing tailoring work and that the Tribunal has not awarded compensation on various separate heads and erred in awarding global compensation. It is further contended that the claimant having been treated as an inpatient and the injuries sustained by the claimant forthcoming from the material on record, the quantum of compensation is required to be enhanced. 9. Per contra, learned counsel for the 2nd respondent insurer justifying the quantum of compensation awarded by the Tribunal submits that no documents have been produced - 5 - NC: 2025:KHC-D:4294-DB MFA No. 101756 of 2017 by the claimant to show the medical expenses incurred and the doctor has also not been examined. Hence, it is contended that the compensation awarded by the Tribunal is just and proper. 10. The submissions of the learned counsel have been considered and the material on record including the records of the Tribunal have been perused. 11. It is forthcoming from the wound certificate (Ex.P.4), discharge summary (Ex.P.7) as well as the medical reports (Ex.P.9 and P.10) that the claimant has sustained injury to the right eye, fracture to the anterior and medial walls of right maxillary sinus, fracture of both the nasal bones. The claimant was admitted as an inpatient on 11.12.2013 and discharged on 14.12.2013 and underwent right eye exploration surgery on 12.12.2013. 12. The Tribunal considering the said aspect of the matter awarded ₹10,000/- towards hospital charges, ₹5,000/- towards grievous injuries and ₹2,500/- each for - 6 - NC: 2025:KHC-D:4294-DB MFA No. 101756 of 2017 two simple injuries. Hence, awarded a total compensation of ₹20,000/-. 13. It is relevant to note that the claimant has not produced the medical bills demonstrating the expenses incurred in the medical treatment. Further, the claimant has not examined doctor with regard to any disability incurred by her. Although in the claim petition the claimant has averred that she was doing tailoring work, no documentary evidence is produced in that regard. 14. However, it is relevant to note that the claimant has sustained injury to the right eye and had to undergo surgery to right eye for removal of glass pieces, as also has sustained fractures of both the nasal bones as well as other injuries on the face. The claimant was also treated as an inpatient and sufficient time would have been taken to recover from the injuries. Having regard to the totality of the facts and circumstances of the case, it is just and proper that a further compensation of ₹80,000/- be awarded in addition to the compensation awarded by the tribunal. - 7 - NC: 2025:KHC-D:4294-DB MFA No. 101756 of 2017 15. In view of the aforementioned, the following: ORDER i) The appeal is partly allowed. ii) The judgment and award dated 23.11.2016, passed in MVC No.653/2014, by the Court of II Additional Senior Civil Judge and Additional MACT, Hubballi, is modified to the extent of holding that the claimant is entitled to a further compensation of ₹80,000/- together with interest @ 6% p.a. in addition to the compensation awarded by the Tribunal. iii) The judgment and award of the Tribunal in all other respects is remain unlatered. iv) The 2nd respondent insurance company shall deposit the compensation within four weeks from the date of receipt of a copy of this judgment. v) Modified award to be drawn accordingly. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE MRK / CT: UMD. List No.: 1 Sl No.: 16