- 1 - HC-KAR NC: 2025:KHC-D:10314 MFA No. 102929 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 102929 OF 2016 (MV-I) BETWEEN: 1. AMIT RAMESH CHOUGULE, AGE: 30 YEARS, OCC: PRIVATE SERVICE IN FACTORY, NOW NIL, R/O: 6TH CROSS, MAHADWAR ROAD, BELAGAVI. …APPELLANT (BY SRI. ASHOK A. NAIK, ADV) AND: 1. GANGARAM NARAYA PATIL, AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.245, BASAWAN GALLI, A/P. DESUR IDALHONDA, TAL: KHANAPUR, DIST: BELAGAVI. 2. THE DIVISIONAL MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD., D.O. MAHADEV PLAZA, CTS NO.10719, SY.NO.1357/1A, NEAR KOLHAPUR CIRCLE, NEHRU NAGAR, BELAGAVI. …RESPONDENTS (BY SRI. G.N. RAICHUR, ADV FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 23.03.2016 PASSED IN MVC NO.372/2015 ON THE FILE OF THE VI ADDL. DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, 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: 2025.09.03 11:08:51 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10314 MFA No. 102929 of 2016 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 23.03.2016 passed in M.V.C.No.372/2015 by the learned IV Addl. District and Sessions Judge, and Addl. M.A.C.T., Belgavi. 2. Brief facts, leading rise to the filing of this appeal, are as follows: The claimant met with an accident on 17.04.2014, and sustained grievous injuries due to the rash and negligent driving of the driver of the truck bearing registration No.KA-02/C-9741 which dashed to the motor cycle bearing Reg. No.KA-22/EB/9524 in which the claimant was a pillion rider. A criminal case was registered against the driver of the offending vehicle. The claimant received treatment in the hospital. Hence, he filed a claim petition claiming a compensation. - 3 - HC-KAR NC: 2025:KHC-D:10314 MFA No. 102929 of 2016 3. The owner of the offending vehicle filed a statement of objections admitting the ownership of the offending vehicle, and denied all the other averments made in the claim petition and accordingly, prays to dismiss the claim petition against him. 4. The insurance company filed a statement of objections admitting the insurance policy regarding offending vehicle and denied all the other averments made in the claim petition and contended that the accident occurred due to the contributory negligence on the part of the rider of the Motorcycle, and accordingly, prays to dismiss the claim petition against the insurance company. 5. The Tribunal based on the pleadings of the parties, framed the relevant issues. 6. The claimant to substantiate his case, examined himself as PW-1, examined one doctor as PW-2, and marked 10 documents as Exs.P-1 to P-10. In rebuttal, the - 4 - HC-KAR NC: 2025:KHC-D:10314 MFA No. 102929 of 2016 respondent-insurance company neither examined any witnesses nor produced any document. 7. The Tribunal, after assessing the verbal and documentary evidence, partly allowed the claim petition with costs vide judgment dated 23.03.2016, and awarded a compensation of Rs.20,000/- with interest at the rate of 9% p.a. from 12.02.2015 till its realization, and directed the respondent-insurance company to deposit the compensation before the Tribunal within one month from the date of the order. The claimant, being dissatisfied with the quantum of compensation awarded by the Tribunal, filed this Miscellaneous First Appeal. 8. Heard the arguments of the learned counsel for the claimant, and the learned counsel for the insurance company. 9. Learned counsel for the claimant submits that the compensation awarded by the Tribunal is on the lower side. He also submits that the claimant has suffered s - 5 - HC-KAR NC: 2025:KHC-D:10314 MFA No. 102929 of 2016 permanent disability, and to prove the same, he has examined the doctor as PW-2. Hence, on these grounds, he prays to allow the appeal. 10. Per contra, the learned counsel for the respondent-insurance company submits that the claimant, even after the accident, continued in service and hence, the claimant is not entitled to a compensation under the head of loss of future earning capacity. He further submits that the claimant has not produced any medical bills. Hence, he submits that the compensation awarded by the Tribunal is just and proper, and do not call for any interference by this Court. Hence, on these grounds, he prays to dismiss the appeal. 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: - 6 - HC-KAR NC: 2025:KHC-D:10314 MFA No. 102929 of 2016 13. There is no dispute that the claimant met with an accident, and sustained grievous injuries. The claimant has produced a wound certificate marked as Ex.P-5, which shows that he has sustained a linear, undisplaced fracture scapular body. However, to substantiate that the claimant was admitted to the hospital, and spent a money for treatment, he has not produced a single bill. However, the claimant has examined the doctor as PW-2 who deposed that the claimant has suffered a permanent disability to the extent of 25% to the left upper limb without giving a proper grounds or calculation, to arrive at such opinion. Hence, the Tribunal disbelieved the evidence of PW-2, regarding a permanent physical disability. 14. It is also not in dispute that the claimant has continued in service even after the accident. Hence, the Tribunal has awarded a compensation of Rs.20,000/-. 15. From the perusal of the wound certificate marked as Ex.P-5, it discloses that the claimant has sustained grievous injuries. Considering the nature of - 7 - HC-KAR NC: 2025:KHC-D:10314 MFA No. 102929 of 2016 injuries sustained by the claimant, this Court is of the considered opinion that the compensation awarded by the Tribunal is on the lower side. Hence, this Court is of the considered opinion that the claimant is entitled to a global compensation of Rs.75,000/- (including the compensation of Rs.20,000/- awarded by the Tribunal) with interest at the rate of 6% p.a. from 12.02.2015 till its realisation. 16. 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 23.03.2016 passed in M.V.C.No.372/2015 by the IV Addl. District and Sessions Judge and Addl. M.A.C.T., Belgavi is modified. (iii) The claimant is entitled to a global compensation of Rs.75,000/- (including the compensation of Rs.20,000/- awarded by the Tribunal) with interest at 6% p.a. from 12.02.2015 till its realization. - 8 - HC-KAR NC: 2025:KHC-D:10314 MFA No. 102929 of 2016 (iv) The respondent-insurance company is directed to deposit the compensation amount with accrued interest within a period of two months from the date of receipt of a copy of this order. (v) The Office is directed to transmit the records Tribunal. SD/- (ASHOK S. KINAGI) JUDGE NAA List No.: 1 Sl No.: 12