- 1 - HC-KAR NC: 2025:KHC-D:7336 MFA No. 103056 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103056 OF 2023 (MV-I) BETWEEN: SHRI BASAPPA PANDAPPA VAGGAR, AGE: 61 YEARS, OCC: AGRICULTURE (NOW NIL), R/O: KARIMANI, TQ: SOUNDATTI, NOW AT BASAV NAGAR, BAILHONGAL, TQ: BAILHONGAL-591 102. … APPELLANT (BY SRI. VIJAYKUMAR KOTIN, ADVOCATE) AND: 1. SHRI MANDAR KALLAPPA MORE, AGE: MAJOR, OCC: BUSINESS, R/O: PLOT NO.3, MANDAR BUILDING, 3RD CROSS, M.G. ROAD, TILAKAWADI, BELAGAVI-KARNATAKA-590 001, (OWNER OF TRUCK BEARING NO.KA-22/B-0416). 2. THE MANAGER, HDFC ERGO GIC LTD., 1ST FLOOR, VIRUPAKSHAKRUPA, OPP. KIMS MAIN GATE, P.B. ROAD, KIMS ROAD, VIDYANAGAR, HUBLI-580 021, (INSURER OF TRUCK BEARING NO.KA-22/B-0416, POLICY NO.86889615, VALID FROM 26.02.2014 TO 25.02.2015). … RESPONDENTS (BY SRI. NAGARAJ C. KOLLORI, ADVOCATE FOR R2; R1-DESPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173 (1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 20.05.2023 PASSED IN M.V.C. NO.2007/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7336 MFA No. 103056 of 2023 THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the appellant/claimant challenging the judgment and award dated 20.05.2023 passed in MVC No.2007/2021 on the file of Senior Civil Judge and Additional MACT, Bailhongal (hereinafter referred to as ‘the Tribunal’ for short) seeking enhancement of compensation. 2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. 3. Heard the arguments from both learned counsels appearing for the parties and perused the material placed on records. Brief facts of the case: 4. It is the case of the claimant that on 28.06.2021 at about 11:30 am, the claimant went to - 3 - HC-KAR NC: 2025:KHC-D:7336 MFA No. 103056 of 2023 Nesargi and after completing his work, he was returning to Karimani on his TVS Excel 50 motorcycle bearing No.KA- 24/Y-0039, driving at a moderate speed, observing traffic rules and regulations on the extreme left side of the Belagavi-Bagalkot Road. When he came near the spot of the accident, i.e., on Belagavi-Bagalkot Road near Swamy Vivekananda School, Kalakuppi, at that time, the driver of the truck bearing No.KA-22/B-0416 came from the opposite direction to the extreme wrong side, driving in a high speed, rash, and negligent manner, without seeing the oncoming motorcycle of the claimant, and suddenly turned his vehicle and touched his right-side wheel tyre to the claimant's motorcycle. Thus, the accident was caused, and the claimant sustained injuries in the said accident. 5. From the medical evidence on record, it is proved that the claimant has suffered following injuries: 1) Displaced fracture of right frontal bone and roof of orbit. 2) Displaced fragment measures 4.5 x 6.2 cms pneu tocephalus in right frontal anterior - 4 - HC-KAR NC: 2025:KHC-D:7336 MFA No. 103056 of 2023 temporal parietal region and along falx cereori. 6. The claimant has filed claim petition before the Tribunal and the Tribunal has awarded compensation under various head as follows: 1. Pain and suffering Rs.50,000/- 2. Medical expenses Rs.2,95,803/- 3. Towards diet food nourishment, attendant and conveyance charges Rs.08,000/- 4. Towards loss of future earning capacity due to permanent disability Rs.2,56,500/- 5. Loss of income during laid up period Rs.28,500/- 6. Towards loss of amenities and enjoyment in life Rs.28,500/- Total Rs.6,67,303/- 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.80,000/- towards pain and suffering, - 5 - HC-KAR NC: 2025:KHC-D:7336 MFA No. 103056 of 2023 Rs.50,000/- towards loss of amenities and enjoyment in life are awarded. The compensation awarded towards medical expenses Rs.2,95,803/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.20,000/- towards incidental expenses like diet, food, nourishment, attendant, conveyance charges etc. and Rs.42,750,/- towards loss of income during laid up period for a period of 3 months, is awarded. The claimant has suffered grievous injuries, including a displaced fracture of the right frontal bone and roof of the orbit, with a displaced fragment measuring 4.5 x 6.2 cm, and pneu tocephalus in the right frontal, anterior temporal, parietal region, and along with the falx cerebri. Therefore, he required significant medical expenses to recover. Consequently, compensation of Rs.20,000/- is awarded towards future medical expenses. 9. Thus, in all, the claimant is entitled for total compensation under various heads as under: - 6 - HC-KAR NC: 2025:KHC-D:7336 MFA No. 103056 of 2023 Sl. No. Heads. Amount 1. Towards injuries, pain and suffering. Rs.80,000/- 2. Towards medical expenses. Rs.2,95,803/- 3. Towards loss of amenities. Rs.50,000/- 4. Towards loss of income during laid up period and medical treatment period. Rs.42,750/- 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. Rs.20,000/- 6. Towards loss of future earning capacity. Rs.2,56,500/- 7. Towards future medical expenses. Rs.20,000/- Total: Rs.7,65,053/- 11. Therefore, the appellant/claimant is entitled for total compensation of Rs.7,65,053/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.6,67,303/- 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. 12. In the result, I proceed to pass the following: - 7 - HC-KAR NC: 2025:KHC-D:7336 MFA No. 103056 of 2023 ORDER i. The appeal is allowed-in-part. ii. The judgment and award dated 20.05.2023 passed in MVC No.2007/2021 on the file of Senior Civil Judge and Additional MACT, Bailhongal stands modified. iii. The claimant is entitled for total compensation of Rs.7,65,053/- 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. v. Send back the trial Court records along with a copy of this judgment. vi. No order as to costs. vii. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 5