- 1 - HC-KAR NC: 2025:KHC-D:14566 MFA No. 104221 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.104221 OF 2016 (MV-I) BETWEEN: SADIQAHAMAD S/O. ABDULKARIMSAB MEDLERI, AGED ABOUT 37 YEARS, OCC: WELDING WORK, R/O: RATTIHALLI, HIREKERUR TALUK, HAVERI DISTRICT. …APPELLANT (BY SRI AMIT, ADVOCATE FOR SRI. S.G. KADADAKATTI, ADVOCATE) AND: 1. NANJUNDANAYAK S/O. SUBBANAYAK, AGED ABOUT 49 YEARS, R/O: NO.154, KANNEGALA VILLAGE, TQ: & DIST: CHAMARAJ NAGAR, OWNER OF MOTORCYCLE NO.KA-45/E-5071. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:14566 MFA No. 104221 of 2016 2. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., GIRISH COMPLEX, FIRST FLOOR, AGRAHARA STREET, CHAMARAJPET. …RESPONDENTS (BY SRI. S.S. JOSHI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1989 PRAYING TO CALL FOR RECORDS; ENHANCE THE COMPENSATION AMOUNT BY MODIFYING THE JUDGMENT AND AWAD DATED 30.01.2016, PASSED BY THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HIREKERUR, IN M.V.C.NO.193/2011 BY ALLOWING THIS APPEAL IN THE ENDS OF JUSTICE. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC-D:14566 MFA No. 104221 of 2016 ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Amit, who represents Sri S.G.Kadadakatti learned counsel on record for the appellant as well as Sri S.S.Joshi learned counsel for respondent No.2. 2. This appeal is the outcome of the award that is passed by the Additional Motor Accident Claims Tribunal, Hirekerur in MVC 193 of 2011 dated 30.01.2016. This is a claimant's appeal. 3. Arguing the matter, learned counsel for the appellant contends that the appeal is filed only on limited grounds. Learned counsel states that the compensation that is awarded by the Tribunal towards ‘pain and suffering’, towards ‘loss of income during the laid up period’ and towards ‘loss of amenities in life’ is on lower side. Learned counsel thereby seeks for enhancement in compensation. 4. Learned counsel for respondent No.2 states that the tribunal having considered the totality of the evidence - 4 - HC-KAR NC: 2025:KHC-D:14566 MFA No. 104221 of 2016 produced, awarded justifiable sum as compensation, but in the light of the submission that is made by learned counsel for the appellant, there may be a marginal enhancement. 5. It is not in dispute that for the injuries sustained, the appellant took treatment as inpatient for a long period of 33 days. The tribunal awarded a sum of Rs.10,000/- only under head ‘pain and suffering’, Rs.6,600/- only towards ‘loss of income during laid up period’ and Rs.10,000/- only towards ‘loss of amenities in life’. Having considered the fact that the appellant took extensive treatment as inpatient for the injuries sustained and that he is left with disability of 15% in respect of whole body, despite such treatment, this Court is of the view that the compensation that is granted by the tribunal is required to be enhanced by Rs.50,000/- globally including interest. Therefore the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. - 5 - HC-KAR NC: 2025:KHC-D:14566 MFA No. 104221 of 2016 (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Hirekerur, through orders in MVC 193 and 2011 dated 30.01.2016 is enhanced by Rs.50,000/-. (iii) Respondent No.2 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. (iv) Failure on part of respondent No.2 to deposit the enhanced sum within the time granted, shall lead to payment of interest at the rate of 6% per annum on the enhanced sum from the date of petition till the date of deposit. (v) On deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 40