- 1 - HC-KAR NC: 2025:KHC-D:15284 MFA No. 102658 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.102658 OF 2014 (MV-I) BETWEEN: SRI. REVANNA S/O. CHIDANAND MALI, AGE: 26 YEARS, OCC: STUDENT & PRIVATE JOB (NOW NIL), R/O: KOTTALAGI, TQ: ATHANI, DIST: BELGAUM. …APPELLANT (BY SRI. VISHWAPRAKASH, ADVOCATE FOR SRI. SRINAND A. PACHHAPURE, ADVOCATE) AND: THE DIVISIONAL MANAGER, N.W.K.R.T.C. CHIKODI DIVISION, CHIKODI, DIST: BELGAUM. …RESPONDENT (BY SRI. SIDDALING C. BHUTI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THIS APPEAL AND CLAIM AND GRANT REASONABLE COMPENSATION OF RS.10,48,500/- WITH COSTS AND PROPER INTEREST FROM THE DATE OF PETITION, TILL THE REALIZATION OF AWARD AMOUNT AGAINST THE RESPONDENT AND ACCORDINGLY MODIFY THE AWARD DATED 28/06/2014 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR VEHICLES ACCIDENTS CLAIMS TRIBUNAL, ATHANI, IN M.V.C.NO.32/2008, IN THE INTEREST OF JUSTICE. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15284 MFA No. 102658 of 2014 THIS APPEAL COMING ON FOR DISMISSAL THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Vishwaprakash who represents Sri Srinand A. Pachhapure learned counsel on record for appellant as well as Sri S.C.Bhuti, learned counsel for the respondent. 2. This appeal is the outcome of the award that is passed by the Additional Motor Accident Claims Tribunal, Athani in MVC 32 of 2008 dated 28.06.2014. This is a claimant's appeal. 3. On the ground that he sustained grievous injuries in a road traffic accident that occurred in the year 2007, the appellant filed a petition claiming compensation of Rs.11,50,000/- in total. The tribunal through the impugned award granted a sum of Rs.1,01,500/- as compensation and projecting that he is entitled for a higher sum, the present appeal is filed. - 3 - HC-KAR NC: 2025:KHC-D:15284 MFA No. 102658 of 2014 4. Arguing the matter, learned counsel for the appellant submits that the appellant lost vision of one of his eyes apart from other physical disablement due to the injuries sustained. However, the tribunal did not consider the evidence produced in that regard and failed to award justifiable sum as compensation. Learned counsel thereby seeks for enhancement in compensation. 5. Learned counsel for respondent though submits that the compensation granted is justifiable, also says that in the light of the submission that is made by learned counsel for the appellant there may be marginal enhancement. 6. By all the evidence produced, the appellant succeeded in establishing that he sustained comminuted fracture of left humerous and fracture of right temporoparietal bone, which are grievous in nature. So far as the disability is concerned, as per the evidence of PW4, Dr. Anand Pandurang Kulkarni, the X-ray revealed malunited fracture of humerous and as per his opinion, the disability is 22% which is permanent in nature in respect of the said limb. Coming to the - 4 - HC-KAR NC: 2025:KHC-D:15284 MFA No. 102658 of 2014 evidence of PW5 Dr. Padmajeet A. Nadagouda Patil on examination he found relative afferent pupillary defect in the right eye and found visually disablement in respect of right eye by 95%. 7. It is not in dispute that the appellant was a student as on the date of accident. Therefore it is difficult to ascertain the exact loss of future earnings. However, having lost 95% of vision of one of the eyes with certain disability of one of the limbs, it would be highly difficult for the appellant to pursue his chosen occupation with full strength and vigor. Considering this aspect, this Court is of the view that towards ‘loss of future prospects in life’, a sum of Rs.1,50,000/- in total is required to be awarded. The sum thus being awarded is in addition to the sum that is awarded by the tribunal. 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, - 5 - HC-KAR NC: 2025:KHC-D:15284 MFA No. 102658 of 2014 Athani, through orders in MVC 32 of 2008 dated 28.06.2014 is enhanced by Rs.1,50,000/-. (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) JUDGE EM CT-MCK List No.: 1 Sl No.: 16