- 1 - NC: 2025:KHC-D:2309 MFA No. 23863 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.23863 OF 2013 (MV) BETWEEN: D. KANTHA KUMAR S/O. LATE D.S. RAJU, AGED ABOUT 28 YEARS, OCC: ELECTRICAL ASSISTANT, INCHARGE CUM PIGMY AGENT, R/O. RAMPURA VILLAGE, KUBERA NAGAR, MOLAKALUMUR TALUK, NOW RESIDING AT HALAKUNDI VILLAGE, BELLARY TALUK, BELLARY DISTRICT. …APPELLANT (BY SMT. SOUBHAGYA S.VAKKUND, ADVOCATE SRI Y. LAKSHMIKANT REDDY, ADVOCATE) AND: 1. K. SHANTHI W/O. KANDASWAMY K.S., AGE: MAJOR, OWNER OF THE LORRY BEARING REG NO.TN 34/K 3503, R/O. NO.183/2, VELLALAR COLONY STREET, RAJACOUNDAM PALAYAM, SURIYAMPALAYA, THIRUCHENGOD, TAMILNADU. 2. THE BRANCH MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., SUNDARAM TOWERS, 45 AND 46 WHITES ROAD, CHENNAI-600014. …RESPONDENTS (BY SRI G.N. RAICHUR, 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 MODIFY THE JUDGMENT AND AWARD DATED 23.01.2013 PASSED ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL NO.IX, BELLARY IN MVC NO.781/2012 AND ETC., Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2309 MFA No. 23863 of 2013 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the matter is listed for admission, but with consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal. 2. This appeal is filed by the claimant challenging the judgment and award dated 23.01.2013 passed by the Motor Accident Claims Tribunal-IX, Bellari, in MVC No.781/2012, seeking enhancement of compensation. 3. Heard the arguments and perused the material placed before the Court. 4. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 5. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. - 3 - NC: 2025:KHC-D:2309 MFA No. 23863 of 2013 i. Fracture of left clavicle. ii. Fracture of left radius of forearm. 6. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and suffering. 25,000/- 2. Towards medical expenses. 8,000/- 3. Towards loss of future earnings and loss of amenities. 40,000/- 4. Towards loss of income during treatment period. 12,000/- 5. Towards attendant charges. 1,500/- 6. Towards nursing and nourishment charges. 3,000/- Total: 89,500/- 7. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 8. Considering the injuries sustained, a compensation of Rs.35,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and - 4 - NC: 2025:KHC-D:2309 MFA No. 23863 of 2013 hospital charges of Rs.8,000/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.20,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.24,000/- towards loss of income during laid up period for a period of 3 months, is awarded. 9. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. 35,000/- 2. Towards medical expenses. 8,000/- 3. Towards loss of amenities. 50,000/- 4. Towards loss of income during laid up period and medical treatment period. 24,000/- 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 20,000/- Total: 1,37,000/- 10. Therefore, the claimant is entitled for total compensation of Rs.1,37,000/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till - 5 - NC: 2025:KHC-D:2309 MFA No. 23863 of 2013 realization, as against Rs.89,500/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 11. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 23.01.2013 passed by the Motor Accident Claims Tribunal-IX, Bellari, in MVC No.MVC No.781/2012, stands modified. iii) The claimant is entitled for total compensation of Rs.1,37,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. - 6 - NC: 2025:KHC-D:2309 MFA No. 23863 of 2013 vi) Send back the trial Court records along with a copy of this judgment. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 36