- 1 - HC-KAR NC: 2025:KHC-D:10244 MFA No. 21560 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 21560 OF 2013 (MV-I) BETWEEN: 1. SMT. V.D. PRABHADEVI W/O D.M. ADIMANI AGE: 40 YEARS, TYPIST IN AGRICULTURAL DEPARTMENT, BALLARI R/O. GRACE TYPING INSTITUTE, S.P. CIRCLE, BALLARI, DIST: BALLARI. …APPELLANT (BY SRI. J. BASAVARAJ, ADV) AND: 1. 2. 3. THE BRANCH MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LIMITED, OPPOSITE TO JANATHADAL OFFICE, K.C. ROAD, BALLARI. BUDEN SAB S/O. HUSSAIN SAB AGE: 55 YEARS, DRIVER OF THE LORRY BEARING REG NO.KA-31/3480, R/O: BUKKASAGARA VILLAGE, ‘ TQ. HOSPET, DIST. BALLARI. S. RAMU MOHAN S/O. S. KRISHNAMURTHI AGE: 27 YEARS, OWNER OF THE LORRY REG. NO. KA-31/3480, R/O: NEAR MUKAMBIKA TEMPLE, PATEL NAGAR, HOSPET. …RESPONDENTS (BY SRI. NAGARAJ C KOLLOORI, ADV FOR R1 NOTICE TO R2 & R3 ARE DISPENSED WITH) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 09.10.2012 PASSED IN MVC NO.73/2012 ON THE FILE OF THE MEMBER, MACT-XII, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.22 13:02:01 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10244 MFA No. 21560 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Miscellaneous First Appeal is filed by the claimant, challenging the judgment and award dated 09.10.2012 passed in M.V.C.No.73/2012 by the learned M.A.C.T.-XII, Ballari. 2. Brief facts, leading rise to the filing of this appeal, are as follows: On 04.10.2011, the appellant- claimant, along with her husband, and minor son, were proceeding on a motorcycle bearing registration No.KA-37/Q-4380 from Bellary to Kanakagiri village and her husband was riding the motorcycle slowly, and cautiously on the left side of the road. When they reached near Apoorva Petrol Bunk, Kudithini, a lorry bearing registration No.KA-31/3480 came from the Ballari side in a rash and negligent manner, and hit the motorcycle from the back. As a result, the claimant sustained grievous injuries, and she was shifted to VIMS Hospital and thereafter shifted to St. Mary’s - 3 - HC-KAR NC: 2025:KHC-D:10244 MFA No. 21560 of 2013 Hospital, Ballari, and again shifted to Sparsh Hospital, Bengaluru, for treatment. It is contended that the petitioner was working as a Typist in the Agriculture Department, Ballari and getting a monthly salary of Rs.12,601/-. Hence, the claimant filed a claim petition claiming compensation for the injuries sustained in the road traffic accident. 3. A Notice was issued to the respondents. Despite service of notice, the owner and driver of the offending lorry remained unrepresented before the Tribunal and they were placed exparte. 4. The respondent-insurance company filed a statement of objections denying the averments made in the claim petition, and it is contended that the driver of the offending vehicle did not possess a valid and effective driving license as of the date of the accident. Hence, prays to dismiss the claim petition against the insurance company. - 4 - HC-KAR NC: 2025:KHC-D:10244 MFA No. 21560 of 2013 5. The Tribunal, based on the pleadings of the parties, framed the relevant issues. 6. The appellant claimant, to substantiate her case, examined herself as PW-1, examined one doctor as PW-2 and marked 43 documents as Exs.P-1 to P-43. In rebuttal, the respondent-insurance company neither examined any witness nor produced any documents. 7. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part vide judgment dated 09.10.2012, and awarded a compensation of Rs.5,97,384/- with interest at the rate of 7% p.a. from the date of petition till realisation, and directed the respondent-insurance company to indemnify the owner in his liability to pay the compensation, and directed to deposit the award amount before the Tribunal within 30 days from the date of the award. The claimant, dissatisfied with the quantum of compensation awarded by the Tribunal, filed this Miscellaneous First Appeal. - 5 - HC-KAR NC: 2025:KHC-D:10244 MFA No. 21560 of 2013 8. Heard the arguments of the learned counsel for the Appellant-claimant, and also the learned counsel for the respondent- insurance company. 9. Learned counsel for the appellant- claimant submits that the compensation awarded by the Tribunal is on the lower side. He also submits that the permanent disability suffered by the claimant will lost for lifetime. He further submits that the Tribunal has awarded the compensation of Rs.5,200/- towards loss of amenities and a sum of Rs.13,800/- towards other expenses, which are on the lower side. Hence, on these grounds, he prays to allow the appeal. 10. Per contra, learned counsel for the respondent- insurance company submits that the compensation awarded by the Tribunal is just and proper, and it does not call for any interference. Hence, on these grounds, he prays to dismiss the appeal. - 6 - HC-KAR NC: 2025:KHC-D:10244 MFA No. 21560 of 2013 11. Perused the records, and considered the submissions of the learned counsel for the parties. 12. The point that would arise for consideration is regarding the quantum of compensation. Regarding quantum of compensation: 13. There is no dispute that the appellant-claimant met with a road traffic accident, and sustained grievous injuries. Admittedly, the claimant is working a as Typist in the Agriculture Department, and she would continue to work as a Typist after the accident. The Tribunal, considering that the claimant is in continuous service, did not award compensation towards the loss of future earnings. The claimant, to prove the disability, examined one doctor as RW-2. RW-2 has opined that the claimant has suffered a disability to the upper limb at 33%, to the lower limb at 22% and 27.5% to the whole body. The Tribunal, based on this aspect, awarded compensation towards the loss of amenities, which is on the lower side. - 7 - HC-KAR NC: 2025:KHC-D:10244 MFA No. 21560 of 2013 Considering the nature of injuries sustained by the appellant-claimant, this Court re-assesses the compensation under the following heads: Sl.No. HEADS AMOUNT 1. Pain and suffering Rs.1,50,000/- 2. Medical expenses Rs.3,32,729/- 3. Other expenses Rs.50,000/- 4. Loss of leave for 169 days Rs.73,655/- 5. Loss of amenities Rs.50,000/- 6. Loss of earnings during hospitalization Rs.1,38,600/- Total Rs.7,94,984/- Less: Compensation awarded by the Tribunal Rs.7,02,584/- Enhanced compensation Rs.92,400/- 14. In view of the above discussion, I proceed to pass the following: ORDER (i) The Miscellaneous First Appeal is allowed in part. (ii) The judgment and award dated 09.10.2012 passed in M.V.C.No.73/2012 by the learned M.A.C.T.-XII, Ballari is modified. (iii) The claimant is entitled to enhanced compensation of Rs.92,400/- with interest at - 8 - HC-KAR NC: 2025:KHC-D:10244 MFA No. 21560 of 2013 6% p.a. from the date of the petition till its realisation. (iv) The respondent No.1-owner of the motorcycle is liable to pay the compensation to the claimant. However, as observed above, the motorcycle was insured with the insurance company, the insurance company is liable to pay the compensation awarded by the Tribunal and recover the same from the owner of the motorcycle in accordance with law. (v) The Office is directed to transmit the records, to the Tribunal. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT: BSB List No.: 1 Sl No.: 6