- 1 - HC-KAR NC: 2025:KHC-D:15484 MFA No. 101254 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 101254 OF 2024 (MV-I) BETWEEN: AMBAMMA W/O. GADILINGAPPA, AGED ABOUT 42 YEARS, OCC: AGRICULTURAL COOLIE, R/O. WARD NO.2, HANDYALARA ONI, KOLUR VILLAGE, BALLARI TALUK AND DISTRICT-583101. …APPELLANT (BY SRI. AKASH, ADVOCATE FOR SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) AND: 1. VALLAM SHETTY VENKATA SHESHAIAH, S/O. VALLAM SHETTY ANJINEYULU, DRIVER OF THE TRACTOR AND TRAILER BEARING REG. NO.AP-27/AD-3487 AND AP-27/AD-3488, R/O. GOPALAPURA CAMP, BALLUR VILLAGE, BALLARI TALUK AND DISTRICT-583101. 2. ANJINEYULU VALLAM SHETTY, S/O. VENKATESHWARULU, OWNER OF THE TRACTOR AND TRAILER BEARING REG. NO.AP-27/AD-3487 AND GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15484 MFA No. 101254 of 2024 AP-27/AD-3488 AGED ABOUT 59 YEARS, R/O. D.NO.6-333, CHADALAWADA, CHIRALA ROAD, N.G. PAU DISTRICT, PRAKASAM, ANDHRA PRADESH-523183. 3. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, POLICY ISSUED AT VIJAYA COMPLEX, DHARAVARI GARDEN, WARD NO.3, STATION ROAD, ONGOLE, PRAKASAM, ANDHRA PRADESH, BRANCH LOCAL ADDRESS IS SIRUGUPPA ROAD, BALLARI-583101. …RESPONDENTS (BY SRI. JAVALI GURURAJENDRA, ADVOCATE FOR R3; R1 AND R2-NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988 PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 01.07.2023 PASSED BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII AT BALLARI IN MVC NO.306/2019 BY ENHANCING THE COMPENSATION TO RS.14,99,000/- THE APPELLANT AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR DISMISSAL THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC-D:15484 MFA No. 101254 of 2024 ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Akash, who represents Sri Y.Lakshmikant Reddy, learned council on record for the appellant, as well as Sri Javali Gururajendra, learned counsel for respondent No.3. 2. Challenging the award that is passed by the Motor Accident Claims Tribunal-XII, Ballari in MVC 306 of 2019 dated 01.07.2022, the present appeal is filed. This is a claimant's appeal. 3. The appellant who admittedly sustained fracture of right femur filed a petition claiming compensation. The tribunal through the impugned award granted a sum of Rs.2,87,550/- as compensation. The version of the appellant is that she is entitled to a higher sum. 4. Arguing the matter, learned counsel for the appellant submits that the appellant sustained fracture to the right femur. Femur is an important organ in the human - 4 - HC-KAR NC: 2025:KHC-D:15484 MFA No. 101254 of 2024 body. The evidence of PW3 clearly establishes that the disability is 36%, which is permanent and partial in nature. But the tribunal took the disability in respect of whole body as 12% only. Learned counsel also states that the compensation granted towards ‘loss of income during laid up period’ is grossly low. Learned counsel further submits that no amount is awarded as compensation towards ‘loss of amenities in life’. Learned counsel thereby seeks for enhancement in compensation. 5. The submission that is made by learned counsel for respondent No.3 is that the appellant is not entitled for any compensation in the light of his own statement as found at ground No.12 of the grounds of appeal. Ground No.12 of the grounds of appeal reads as under: “12. The tribunal has not erred in awarding a meager sum towards Hospitalization and medical bills. Hence the order of the tribunal is liable to be modified.” - 5 - HC-KAR NC: 2025:KHC-D:15484 MFA No. 101254 of 2024 6. Learned counsel for the appellant states that there is a typographical error and therefore the contents of ground No.12 are required to be ignored. 7. It is not in dispute that the appellant sustained a grievous injury. The tribunal subjecting the evidence of PW.3 to scrutiny rightly took the disability in respect of whole body as 12%. However, the tribunal awarded a sum of Rs.11,750/- only towards ‘loss of income during laid up period’. But having sustained fracture to femur, this Court is of the view that the appellant could not have attended her normal pursuits at least for a period of 3 months. Therefore the compensation granted towards ‘loss of earnings during laid up period’ is on lower side as rightly contented by learned counsel for the appellant. Also the appellant is entitled for compensation towards ‘loss of amenities in life’. So far as the compensation granted under all other heads is concerned, this Court does not find any grounds for interference as the compensation granted is justifiable. Therefore this Court is of the view that globally the - 6 - HC-KAR NC: 2025:KHC-D:15484 MFA No. 101254 of 2024 appellant is entitled to an additional sum of Rs.40,000/-. 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 Motor Accident Claims Tribunal- XII, Ballari through orders in MVC 306 of 2019 dated 01.07.2022 is enhanced by Rs.40,000/-. (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 No.3 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.: 20