- 1 - HC-KAR NC: 2025:KHC-D:13688 MFA No. 102520 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102520/2022 (MV-I) BETWEEN: FAKIRAPPA S/O. NEELAPPA PUJAR, AGE: 30 YEARS, R/O. HALLIKERI, TQ: MUNDARGI, DIST: GADAG-58115. …APPELLANT (BY SRI. GIRISH S. HULMANI, ADVOCATE) AND: 1. M/S. VSL MINING COMPANY PVT. LTD., NO.12, 1ST MAIN, 1ST CROSS, NTI LAYOUT, DOLLORS COLONY, BMV EXTENSION, 2ND STAGE, BANGALORE-560094. 2. THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD., V.A. KALBURGI SQUARE, DESHAPANDE NAGAR, HUBLI-580029. …RESPONDENTS (BY SRI. SUBHASH J. BADDI, ADVOCATE FOR R2; R1-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR RECORDS FROM THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MACT GADAG AND MODIFY THE JUDGMENT AND AWARD PASSED BY LEARNED JUDGE IN M.V.C. NO.251/2013 DATED 01.02.2020 AND ENHANCE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION; COST OF THE APPEAL AND ETC. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13688 MFA No. 102520 of 2022 THIS APPEAL COMING ON FOR ADMISSION 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) 1. Heard Sri.Girish S. Hulmani, learned counsel for the appellant, as well as Sri.Subhash J. Baddi, learned counsel for respondent No.2. At request of both the learned counsel, the matter is taken up for final hearing and disposal. 2. Being aggrieved by the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Gadag, through orders in MVC No.251/2013 dated 01.02.2020, the claimant therein has filed the present appeal seeking enhancement. 3. While learned counsel for the appellant states that compensation granted is on lower side, learned counsel for respondent No.2 contends that the compensation granted is highly justifiable. - 3 - HC-KAR NC: 2025:KHC-D:13688 MFA No. 102520 of 2022 4. From all the evidence produced, the appellant succeeded in establishing that he sustained fracture of the left superior and inferior pubic bone and he took treatment conservatively. 5. The Tribunal, through the impugned order, held that the appellant is entitled to a sum of Rs.30,000/- towards pain and suffering, Rs.10,000/- towards loss of income during laid up period, Rs.800/- towards medical expenditure, Rs.58,000/- towards loss of future earnings, Rs.5,000/- towards diet and conveyance and Rs.30,000/- towards loss of amenities. The Tribunal granted a sum of Rs.1,33,800/- in total. 6. The Tribunal took the disability in respect of the whole body as 6%, which needs no interference. However, as per the version of the appellant, by working as a coolie, he was earning Rs.10,000/- per month. But the Tribunal took notional income as Rs.5,000/- per - 4 - HC-KAR NC: 2025:KHC-D:13688 MFA No. 102520 of 2022 month. The Tribunal awarded a sum of Rs.10,000/- only towards loss of income during the laid up period. However, this Court is of the view that the appellant would not have attended to his normal pursuits at least for a period of three months and, therefore, the sum awarded as compensation towards loss of income during the laid up period is on lower side. 7. The Tribunal failed to award any compensation towards attendant charges. Also, the sum awarded as compensation towards diet and conveyance, that is Rs.5,000/-, is on lower side. 8. Considering the totality of evidence produced, this Court is of the view that the compensation which the appellant receives will be justifiable in case the compensation granted is enhanced globally by Rs.50,000/-, which includes the interest also. 9. Therefore, the appeal is disposed of with the following order: - 5 - HC-KAR NC: 2025:KHC-D:13688 MFA No. 102520 of 2022 ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Motor Accident Claims Tribunal, Gadag, through orders in MVC No.251/2013 dated 01.02.2020 is enhanced by Rs.50,000/-. iii. Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of the certified copy of this judgment. iv. On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 57