- 1 - HC-KAR NC: 2025:KHC-D:14718 MFA No. 102320 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102320 OF 2015 (MV) BETWEEN: SRI. MADEPPA S/O. NINGAPPA MALLENNAVAR, AGE: 27 YEARS, OCC: MASON, R/O: UMATAR VILLAGE, TALUK: RAMDURG, DISTRICT: BELAGAVI. …APPELLANT (BY SRI. H.M. DHARIGOND, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, KARNATAKA STATE ROAD TRANSPORT CORPORATION, GULBARGA DIVISION, GULBARGA. …RESPONDENT (BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 31.03.2015 PASSED IN M.V.C. NO.1441/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL RAMDURG AND AWARD JUST AND REASONABLE COMPENSATION UNDER THE ALL PERMISSIBLE HEADS IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.05 12:39:14 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14718 MFA No. 102320 of 2015 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) 1. Heard Sri. H. M. Dharigond, learned counsel for the appellant, who appears before this Court physically. Also heard Sri.Shivakumar S. Badawadagi, learned counsel for the respondent, who appears through Video Conference. 2. Challenge in this appeal is the order that is rendered by the Additional Motor Accident Claims Tribunal, Ramdurg in MVC 1441 of 2013 dated 31.03.2015. This is a claimant's appeal. 3. As against the claim for Rs.3,50,000/- in total, the tribunal awarded a sum of Rs.10,000/- as compensation and aggrieved by the same, the present appeal is filed. 4. Learned counsel for the appellant submits that the appellant sustained grievous injury in a road traffic - 3 - HC-KAR NC: 2025:KHC-D:14718 MFA No. 102320 of 2015 accident. Through the evidence of PW2 the appellant established that the permanent physical disability in respect of right upper limb is 30%. However, without considering either the oral evidence or the documentary evidence produced, the tribunal awarded a sum of Rs.10,000/- only as compensation. Learned counsel thereby seeks for enhancement in compensation. 5. The submission that is made by learned counsel for the respondent on the other hand is that the appellant has not filed even the wound certificate. Learned counsel submits that PW2 in the cross-examination clearly admitted that the wound is completely healed. Learned counsel states that the tribunal observing the fact of absence of any evidence in respect of the alleged injuries sustained and the treatment taken, awarded a sum of Rs.10,000/- as compensation. Learned counsel however also submits that in the light of the submission that is made by learned counsel for the appellant there may be marginal enhancement. - 4 - HC-KAR NC: 2025:KHC-D:14718 MFA No. 102320 of 2015 6. The fact that the appellant sustained grievous injury to his right upper limb is not in dispute. The appellant failed to establish in clear terms that he took treatment for the said injury, that he incurred medical expenditure, that the disability is permanent in nature and that there is ‘loss of amenities in life’. The appellant also failed to establish his occupation and earnings as on the date of accident. However considering the fact that the appellant sustained injury which is grievous in nature to his right upper limb, this Court is of the view that he would have certainly taken bed rest at least for a period of 3 months. Also having considered the nature of injury sustained, this Court is of the view that the appellant would have certainly consulted a doctor and would have taken treatment for the injury. Considering all these aspects this Court is of the view that the appellant is entitled to an additional sum of Rs.60,000/- globally, which includes the compensation for ‘pain and suffering’ for the grievous injury sustained, towards ‘food, extra- nourishment, conveyance and attendant charges, ‘loss of - 5 - HC-KAR NC: 2025:KHC-D:14718 MFA No. 102320 of 2015 income during laid up period’ and ‘loss of amenities in life’. 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, Ramdurg, through orders in MVC 1441 of 2013 dated 31.03.2015 is enhanced by Rs.60,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) Respondent is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) GAB,EM CT-MCK List No.: 1 Sl No.: 76