- 1 - HC-KAR NC: 2025:KHC-D:13722 MFA No. 100977 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 100977 OF 2018 (MV-I) BETWEEN: SHIVAPPA S/O. YALLAPPA PYATI, AGE: 48 YEARS, OCC: SHEPHERD, R/O: SADASHIVAPETH, SHIGGAON-581205, TQ: SHIGGAON, DIST: HAVERI. …APPELLANT (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: 1. SRI. KRISHNASHEKHAR S/O. DIRENDRAPRASAD SING MEENASING, AGE: 36 YEARS, OCC: BUSINESS, R/O: B-206, SILVER CROWN, HOSA ROAD, NEAR AMRITA ENGINEERING COLLEGE, OPP. SARJAPUR ROAD, BENGALURU-562125. 2. THE AUTHORIZED SIGNATORY, THE RELIANCE GENERAL INSURANCE CO. LTD, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13722 MFA No. 100977 of 2018 BRANCH OFFICE, CTS #472-474, V.A. KALBURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBBALLI-580029. …RESPONDENTS (BY MISS. ANUSHA FOR SRI. S.K. KAYAKAMATH, ADVOCATES FOR R2; R1-NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C. NO.221/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL HAVERI, DATED 04.11.2017 BY ALLOWING THIS APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13722 MFA No. 100977 of 2018 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Harish S.Maigur learned counsel for the appellant who appears before this Court physically. Also heard Miss.Anusha who appears through video conference and represents Sri.S.K.Kayakmath learned counsel for respondent No.2. 2. Being aggrieved by the sum that is awarded as compensation by the Additional Motor Accident Claims Tribunal, Haveri (hereinafter referred to as ‘the Tribunal’ for brevity) through orders in M.V.C. No.221/2015 dated 04.11.2017 the present appeal is filed by the claimant therein. 3. On the ground that his sheep 11 in number died and 11 got injured in a road traffic accident that occurred in the year 2014, the appellant filed a petition claiming compensation of Rs.12,00,000/- in total. The Tribunal - 4 - HC-KAR NC: 2025:KHC-D:13722 MFA No. 100977 of 2018 through the impugned award granted a sum of Rs.65,000/- globally as compensation. 4. The submission of the learned counsel for the appellant is that the sheep were aged around 3 to 5 years by the date of their death. The appellant was eking out his livelihood by maintaining the said sheep. Learned counsel further submits that 11 other sheep got injured in the said accident and no compensation was awarded for those injured sheep. Learned counsel thereby seeks for enhancement of compensation. 5. Learned counsel who represents respondent No.2 submits that she is not in possession of the impugned order and therefore the Court may pass orders basing on the material available on record. 6. The Tribunal in the impugned order made a clear mentioning that though as per the version of the appellant 11 sheep were injured, Ex.P.20-Wound Certificate reveals that only 6 sheep were injured. The Tribunal assessed the value of each sheep as Rs.5,000/-. However as rightly - 5 - HC-KAR NC: 2025:KHC-D:13722 MFA No. 100977 of 2018 contented, in case the sheep were alive, the appellant would have earned much more by rearing the said sheep and through the livestock that would have been produced by the said sheep. Also as rightly contented no sum is awarded as compensation for transportation and treatment of the injured sheep 6 in number. Thus, considering the facts and circumstances of the case, this Court is of the view that a sum of Rs.5,000/- additionally is required to be granted as compensation for the death of each sheep. Thus, the compensation which the appellant is entitled to receive so far as the death of 11 sheep is concerned additionally is Rs.55,000/- (Rs.5,000 X 11). As far as the injured sheep that is 6 in number is concerned, this Court is of the view that for the transportation and treatment of those injured sheep, a sum of Rs.3,000/- per sheep is required to be granted. Thus, the compensation which the appellant is entitled to receive for the injured sheep is Rs.18,000/- (Rs.3,000 X 6). The appellant is also entitled to an additional sum of Rs.10,000/- towards the funeral expenses - 6 - HC-KAR NC: 2025:KHC-D:13722 MFA No. 100977 of 2018 of 11 sheep which died during the course of accident. Thus the additional sum which the appellant is entitled to receive is Rs.83,000/- (55,000 + 18,000 + 10,000). 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 Additional Motor Accident Claims Tribunal, Haveri through orders in M.V.C. No.221/2015 dated 04.11.2017 is enhanced by Rs.83,000/-. (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.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. - 7 - HC-KAR NC: 2025:KHC-D:13722 MFA No. 100977 of 2018 (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH List No.: 1 Sl No.: 49