- 1 - HC-KAR NC: 2025:KHC-D:14202-DB MFA No. 100846 of 2018 C/W MFA No. 100847 of 2018 MFA No. 101080 of 2018 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. MISCELLANEOUS FIRST APPEAL NO. 100846 OF 2018 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 100847 OF 2018 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 101080 OF 2018 (MV-I) IN MFA NO. 100846/2018 BETWEEN: SMT. VIJAYA LAXMI W/O. BASAVARAJ HARKUNI AGE: 35 YEARS, OCC: COORDINATING AGENT IN GRAMA HOMESAND FARM HOUSES LIMITED, NEW DELHI, R/O: NADAR ONI, SAUNSHI, TQ: KUNDGOL. …APPELLANT (BY SRI. B.S. SANGATI., ADVOCATE) AND: 1. VEERBASAPPA S/O. VIRUPAXAPPA RAHUT AGE: MAJOR, OCC: OWNER OF THE TEMPO BEARING REG.NO.KA-25/C-7511, R/O: PASHUPATHIHAL, TQ: KUNDGOL, DIST: DHARWAD-581113. 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., N.K. COMPLEX, HUBBALLI-580023, POLICY NO.2403003113P. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.29 11:01:16 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14202-DB MFA No. 100846 of 2018 C/W MFA No. 100847 of 2018 MFA No. 101080 of 2018 105319763 VALID FROM 07/07/2017 TO 19/12/2014 INSURER OF THE TEMPO BEARING REG.NO.KA-25/C-7511. 3. SOMASHEKHAR S/O. BASAPPA KURLI AGE: MAJOR, OCC: OWNER OF THE TRUCK BEARING REG.NO.KA-25/A-1155, H.NO.149, BAFNANAGAR, OLD HUBBALLI-580021.. 4. THE DIVISIONAL MANAGER THE UNIVERSAL SAMPO GENERAL INSURANCE COMPANY CORPORATE OFFICE, UNIT NO.401, 4TH FLOOR, SANGAM COMPLEX, 127, ANDHERI, KURLA ROAD, ANDHERI (EAST), MUMBAI-400059, COVER NOTE NO.US GIA/2014098591, VALID FROM 7-5-14 TO 6-5-15, INSURER OF THE TRUCK, NO.KA-25/A-1155. …RESPONDENTS (BY SRI. C.V. ANGADI, ADVOCATE FOR R2; SRI. R.R. MANE, ADVOCATE FOR R4; NOTICE SERVED TO R1; R3-NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCED COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD OF SENIOR CIVIL JUDGE AND ADDL. MACT KUNDGOL, DATED 05.12.2017 PASSED IN M.V.C. NO.799/2014, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:14202-DB MFA No. 100846 of 2018 C/W MFA No. 100847 of 2018 MFA No. 101080 of 2018 IN MFA NO. 100847/2018 BETWEEN: KUMARI. NETRAVATHI D/O. BASAVARAJ HARKUNI AGE: 21 YEARS, OCC: STUDENT, R/O. MEDAR ONI, SAUNSHI, TQ:KUNDGOL. ...APPELLANT (BY SRI. B.S. SANGATI, ADVOCATE) AND: 1. VEERBASAPPA S/O. VIRUPAXAPPA RAHUT AGE: MAJOR, OCC: OWNER OF THE TEMPO BEARING REG.NO.KA-25/C-7511, R/O. PASHUPATHIHAL, TQ: KUNDGOL, DIST: DHARWAD. 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., N.K. COMPLEX, HUBLI-580020, POLICY NO.2403003113 P. 105319763 VALID FROM 7.7.14 TO 19-12-14, INSURER OF THE TEMPO BEARING REG.NO.KA-25/C-7511. 3. SOMASHEKHAR S/O. BASAPPA KURLI AGE: MAJOR, OCC: OWNER OF THE TRUCK BEARING REG.NO.KA-25/A-1155, H.NO.149, BAFNANAGAR, OLD HUBLI-580020. 4. THE DIVISIONAL MANAGER THE UNIVERSAL SAMPO GENERAL INSURANCE COMPANY COOPERATE OFFICE, UNIT NO.401, 4TH FLOOR, SANGAM COMPLEX, 127 ANDHERI, KURLA ROAD, ANDHERI (EAST), MUMBAI-400059. COVER NOTE NO. US GIA/2014098591, VALID FROM 7-5-14 TO 6-5-15 INSURER OF THE - 4 - HC-KAR NC: 2025:KHC-D:14202-DB MFA No. 100846 of 2018 C/W MFA No. 100847 of 2018 MFA No. 101080 of 2018 TRUCK NO. KA-25/A-1155. ...RESPONDENTS (BY SRI. C.V. ANGADI, ADVOCATE FOR R2; SRI. R.R. MANE, ADVOCATE FOR R4; R3 NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCED COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD OF SENIOR CIVIL JUDGE AND ADDL. MACT KUNDGOL, DATED 05.12.2017 PASSED IN M.V.C. NO.872/2014, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO. 101080/2018 BETWEEN: MAHADEVAPPA FAKIRAPPA BALEHOSUR AGE: 34 YEARS, OCC: AGRICULTURE AND COOLIE R/O. SAUNSHI, TQ: KUNDGOL, DIST: DHARWAD. ...APPELLANT (BY SRI. B.S. SANGATI, ADVOCATE) AND: 1. VEERBASAPPA S/O. VIRUPAXAPPA RAHUT AGE: MAJOR OCC: OWNER OF THE TEMPO BEARING REG.NO.KA-25/C-7511 R/O. PASHUPATHIHAL, TQ: KUNDGOL, DIST: DHARWAD. 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., N.K.COMPLEX, HUBLI POLICY NO.2403003113 P. 105319763 - 5 - HC-KAR NC: 2025:KHC-D:14202-DB MFA No. 100846 of 2018 C/W MFA No. 100847 of 2018 MFA No. 101080 of 2018 VALID FROM 7.7.14 TO 19-12-14 INSURER OF THE TEMPO BEARING REG. NO.KA-25/C-7511. 3. SOMASHEKHAR S/O. BASAPPA KURLI AGE: MAJOR, OCC: OWNER OF THE TRUCK BEWARING REG.NO.KA-25/A-1155 H.NO.149, BAFNANAGAR, OLD HUBLI. 4. THE DIVISIONAL MANAGER THE UNIVERSAL SAMPO GENERAL INSURANCE COMPANY CORPORATE OFFICE, UNIT NO.401, 4TH FLOOR, SANGAM COMPLEX, 127, ANDHERI KURLA ROAD, ANDHERI (EAST) MUMBAI 400059 COVER NOTE NO.US GIA/2014098491, VALID FROM 7-5-14 TO 6-5-15 INSURER OF THE TRUCK NO.KA-25/A-1155 ...RESPONDENTS (BY SRI. C.V. ANGADI, ADVOCATE FOR R2; SRI. R.R. MANE, ADVOCATE FOR R4; NOTICE SERVED TO R1; R3-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCED COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD OF SENIOR CIVIL JUDGE AND ADDL. MACT KUNDGOL, DATED 05.12.2017 PASSED IN M.V.C. NO.800/2014, IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S G PANDIT AND HON'BLE MRS JUSTICE GEETHA K.B. - 6 - HC-KAR NC: 2025:KHC-D:14202-DB MFA No. 100846 of 2018 C/W MFA No. 100847 of 2018 MFA No. 101080 of 2018 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S G PANDIT) The above appeals are filed by the claimants questioning the common judgment and award dated 05.12.2017 in MVC Nos.799/2014 and 800/2014 and 872/2014 on the file of the Senior Civil Judge and Additional MACT, Kundgol, not being satisfied with the quantum of compensation awarded with a prayer to award enhanced compensation. 2. It is the case of the claimants-appellants that on 24.08.2014, when they were traveling in tempo bearing registration No.KA-25/C-7511 as authorized passengers, the driver of the tempo by negligent driving, dashed against a lorry bearing registration No.KA-25/A-1155. Due to the impact of accident, it is stated that the claimant in MVC No.799/2014 sustained fracture of spinal cord, collar bone and both side ribs; the claimant in MVC No.800/2014 sustained grievous injuries whereas claimant in MVC No.872/2014 sustained fracture of spinal cord. - 7 - HC-KAR NC: 2025:KHC-D:14202-DB MFA No. 100846 of 2018 C/W MFA No. 100847 of 2018 MFA No. 101080 of 2018 3. The claimants examined themselves as PW1 to PW3 and also examined PW4 and PW5-doctors in support of their claim apart from marking Exs.P1 to P79. On behalf of respondent RW1 and RW2 were examined, apart from marking Exs.R1 to R7. The trial Court on appreciation of the material on record, awarded compensation of ₹56,484/- in MVC No.799/2014, a sum of ₹10,000 in MVC No.800/2014 and a sum of ₹57,099/- in MVC No.872/2014 on the following heads: In MVC No.799/2014 Loss of income during the course of treatment Rs. 8,000/- Attendant charges Rs.14,000/- Conveyance, diet and other related expenses Rs.14,000/- Plain and sufferings during the course of treatment Rs.10,000/- On medical bill Rs.10,484/- Total Rs.56,484/- - 8 - HC-KAR NC: 2025:KHC-D:14202-DB MFA No. 100846 of 2018 C/W MFA No. 100847 of 2018 MFA No. 101080 of 2018 In MVC No.800/2014 Pain and sufferings during the course of treatment Rs.10,000/- Total Rs.10,000/- In MVC No.872/2014 Attendant charges Rs.10,000/- Conveyance, diet and other related expenses Rs.14,000/- Pain and sufferings during the course of treatment Rs.10,000/- On medical bill Rs.23,099/- Total Rs.57,099/- 4. The claimants not being satisfied with the quantum of compensation are before this Court with a prayer to enhance the compensation. 5. Learned counsel for the claimants would submit that the Tribunal failed to appreciate the material on record. He submits that the doctor examined on behalf of claimants had stated that the claimants have suffered 15% to 20% whole body disability. The Tribunal failed to - 9 - HC-KAR NC: 2025:KHC-D:14202-DB MFA No. 100846 of 2018 C/W MFA No. 100847 of 2018 MFA No. 101080 of 2018 consider the same while awarding the compensation. It is also submitted that the claimants were in-patients for more than 10 days and the compensation awarded on the other heads are also on the lower side. Thus, learned counsel would pray for an enhancement of compensation. 6. Per contra, learned counsel Sri C.V. Angadi submits that there is no material on record to establish the income of each of the claimants. Moreover, he submits that the doctors examined on behalf of the claimants are not treated doctors. He also submits that the disability certificate placed on record is not certified by the doctor who treated the patient. In these circumstances, he would submit that compensation awarded by the Tribunal is just and proper. 7. Having heard the learned counsel for the parties and on perusal of the appeal papers including the original records, the only point that would fall for consideration in this appeal is as to, whether the claimants would be entitled for enhanced compensation? - 10 - HC-KAR NC: 2025:KHC-D:14202-DB MFA No. 100846 of 2018 C/W MFA No. 100847 of 2018 MFA No. 101080 of 2018 8. Our answer to the above point would be partly in the “affirmative” for the following reasons:- The accident that took place on 24.08.2014 involving tempo bearing registration No.KA-25/C-7511 and lorry bearing registration No.KA-25/A-1155 and the resultant injuries sustained by the claimants are not in dispute. The claimants are before this Court for enhancement of compensation not being satisfied with the compensation awarded by the Tribunal. It is seen that the claimants have not placed on record any material to establish their income so as to determine the income of the claimants- insured. The doctor examined on behalf of the claimants as PW4 and PW5 though stated that the claimants have suffered 15% to 20% whole body disability, they had not deposed with regard to functional disability of the claimants. There is no cogent evidence on record to determine the disability as well as the income of the claimants-insured. - 11 - HC-KAR NC: 2025:KHC-D:14202-DB MFA No. 100846 of 2018 C/W MFA No. 100847 of 2018 MFA No. 101080 of 2018 However, documents placed on record, i.e.Ex.P67 discharge card of claimant in MVC No.800/2014, would establish that he has taken treatment as in-patient. Other two claimants have not filed document to show that they were inpatients. However, Ex.P55 OPD Slip of claimant in MVC No.799/2014 would indicate that she had taken treatment as outpatient. We have also gone through the disability certificate at Ex.P56, injury certificate at Ex.P66. It does not inspire the confidence of this Court. However, it is seen that the compensation awarded on various heads are on the lower side. Taking into consideration the treatment taken and injuries suffered, we are of the considered view that the claimant in MVC No.799/2014 would be entitled for global compensation of ₹25,000/- in addition to what is awarded by the Tribunal. The claimant in MVC No.800/2014 would be entitled for ₹20,000/- in addition to what is awarded by the Tribunal and the claimant in MVC No.872/2014 would be entitled for a sum - 12 - HC-KAR NC: 2025:KHC-D:14202-DB MFA No. 100846 of 2018 C/W MFA No. 100847 of 2018 MFA No. 101080 of 2018 of ₹25,000/- in addition to what is awarded by the Tribunal. 9. The insurer shall deposit the above enhanced compensation within 6 weeks. The enhanced compensation shall carry interest at the rate of 6% p.a. With the above observations, the above appeals stand disposed of. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE VMB Ct-cmu LIST NO.: 1 SL NO.: 56