- 1 - HC-KAR NC: 2025:KHC-D:14676 MFA No. 104231 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 104231 OF 2016 (MV) BETWEEN: SRI. NAVEEN S/O. VEERUPAXI MATHAPTI, AGE: 24 YEARS, OCC: NIL, R/O. H.NO.106, MANJUNATH COLONY, SHIVAGIRI, DHARWAD. …APPELLANT (BY SRI. U.G. KATTIMANI, ADVOCATE) AND: 1. THE PRINCIPAL, SRI. SAI MOTOR DRIVING SCHOOL, SILVER ORCID KELGERI ROAD, DHARWAD. 2. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., SAVITRI SADAN, OPP. KITTEL COLLEGE, P.B. ROAD, DHARWAD. POLICY NO.67200031130200001316 VALID FROM: 11/06/2013 TO 10/06/2014. …RESPONDENTS (NOTICE TO R1 & R2 SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING ENHANCE THE COMPENSATION AMOUNT OF RS.6,42,220/- WITH COSTS AND PROPER INTEREST FROM THE DATE OF PETITION, TILL THE REALIZATION OF AWARD AMOUNT AGAINST THE RESPONDENTS AND ACCORDINGLY MODIFY THE AWARD DATED 25/7/2015 PASSED BY THE COURT OF III ADDITIONAL SENIOR CIVIL JUDGE, AND ADDITIONAL MACT, DHARWAD, IN M.V.C.NO.748/2013, IN THE INTEREST OF JUSTICE. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:14676 MFA No. 104231 of 2016 THIS APPEAL COMING ON FOR FURTHER ORDERS 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. U. G. Kattimani, learned counsel for the appellant. Though notice was served upon respondents 1 and 2, both the respondents failed to make their appearance and contest the matter. 2. The claimant in MVC No.748/2013, which stood pending before the Additional Motor Accident Claims Tribunal, Dharwad and was disposed of through order dated 25.07.2015, has preferred the present appeal seeking enhancement in compensation. 3. On the ground that he sustained grievous injuries in a road traffic accident that occurred in the year 2013, the appellant filed a petition seeking compensation of Rs.8,00,000/- in total. The Tribunal, through the - 3 - HC-KAR NC: 2025:KHC-D:14676 MFA No. 104231 of 2016 impugned award, granted a sum of Rs.1,57,780 as compensation. 4. Arguing the matter, learned counsel for the appellant submits that the appellant sustained grievous injury to his left leg. The appellant was a student as on the date of accident, but he was working at a photostat shop and was earning Rs.100/- per day. The appellant produced the evidence of PW2, who clearly stated that the disability in respect of left lower limb is 40%. However, without considering the evidence produced, the Tribunal awarded a sum of Rs.50,000/- only towards ‘discomfort due to physical disability’. Learned counsel also states that the compensation granted under all other heads is also on lower side. 5. By all the evidence produced, the appellant succeeded in establishing that he sustained a comminuted displaced fracture of middle 1/3 shaft of left femur. He also established that he took treatment as an inpatient - 4 - HC-KAR NC: 2025:KHC-D:14676 MFA No. 104231 of 2016 for a period of 14 days and underwent one major surgery and one minor surgery. 6. The Tribunal awarded a sum of Rs.40,000/- towards ‘pain and suffering’, Rs.15,000/- towards ‘attendant charges, extra diet, nourishment and conveyance’, Rs.27,780/- towards ‘medical expenses’, Rs.25,000/- towards ‘loss of amenities’, and Rs.50,000 towards ‘physical disability’. 7. As per the version of the appellant himself, he was studying in KLE College, Hubli and was in the II year of BBA. No evidence whatsoever is produced to show the timings at which the appellant was attending his work in the photostat shop and his earnings. Therefore, as rightly observed by the Tribunal, no amount can be awarded either towards loss of future earnings or towards loss of earnings during the laid-up period. - 5 - HC-KAR NC: 2025:KHC-D:14676 MFA No. 104231 of 2016 8. The Tribunal made an observation that the disability in respect of whole body can be taken as 10%. Thus, it is clear that the appellant has to lead rest of his life with disability of 10% to the whole body. Therefore, the future earnings of the appellant would be affected to that extent. The Tribunal granted a sum of Rs.50,000/- only towards physical disability. However, considering the fact that the appellant was aged around 20 years only as on the date of accident and that he has to lead rest of his life with disability of 10%, this Court considers it desirable to enhance the sum awarded by the Tribunal by Rs.75,000/- globally. 9. 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 Additional Motor Accident Claims Tribunal, Dharwad, through - 6 - HC-KAR NC: 2025:KHC-D:14676 MFA No. 104231 of 2016 orders in MVC No.748/2013 dated 25.07.2015, is enhanced by Rs.75,000/-. iii. Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. Failure to deposit the enhanced sum within the time granted will result in payment of interest at the rate of 6% per annum from the date of petition till the date of deposit on the enhanced sum. iv. On deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 1