- 1 - NC: 2025:KHC-D:128 MFA No. 103466 of 2016 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 07TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103466 OF 2016 (MV-I) BETWEEN: SHRI BASAPPA S/O. NINGAPPA DALAWAI, AGE: 57 YEARS, OCC: SERVICE, R/O: HANUMAN NAGAR, BELAGAVI, DIST: BELAGAVI. …APPELLANT (BY SRI HANAMANT R. LATUR, ADVOCATE.) AND: 1. SHRI SHASHIDHAR S/O. BALASAHEB HALAPPANAVAR, AGE: 50 YEARS, OCC: BUSINESS, R/O: NO.532, MAIN ROAD, T.V. CENTRE, BELAGAVI, TQ. AND DIST: BELAGAVI. 2. ROYAL SUNDARAM ALLIENCE INSURANCE CO. LTD., SUBRAMANYA BUILDING, 2ND FLOOR, FIRST CLUB HOUSE ROAD, ANNASALAI-CHENNAI, R/BY ITS MANAGER. …RESPONDENTS (BY SRI S.K. KAYAKAMATH, ADVOCATE FOR R2 (V/C); R1 – SERVICE OF NOTICE IS DISPENSED WITH V/O. DATED 02.07.2019.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 16.01.2015 PASSED IN MVC Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:128 MFA No. 103466 of 2016 NO.808/2013, ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIM TRIBUNAL, BELAGAVI AND ETC.,. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 16.01.2015, passed by the III Additional Senior Civil Judge and MACT, Belagavi, in MVC No.808/2013, seeking enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 4. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. “Comminuted fracture of navicular bone of left foot.” - 3 - NC: 2025:KHC-D:128 MFA No. 103466 of 2016 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain shock and suffering. 30,000 2. Towards medical expenses. 22,000 3. Towards loss of amenities of life, happiness and frustration. 20,000 4. Towards loss of income during laid up period. 52,500 5. Towards conveyance, attendant charges, food, nourishment. 10,000 6. Towards loss of expectation. 20,000 7. Towards damages caused to the motorcycle. 10,000 Total: 1,64,500 6. The claimant is working as Assistant Engineer in Government service. Therefore, he is not entitled for compensation under the head loss of income due to disability as he has continued in the same job with the same salary and also his promotional avenues is not affected due to the injuries sustained. But the compensation awarded under the head pain and suffering and loss of amenities is on lower side. Considering the fact that the claimant was inpatient for a period of 46 days in the hospital, the compensation awarded by the tribunal under the head incidental expenses - 4 - NC: 2025:KHC-D:128 MFA No. 103466 of 2016 like conveyance, attendant charges, food and nourishment is also on lower side. Therefore, it is just and proper to award additional global compensation of Rs.50,000/- in addition to what has been awarded by the tribunal, along with interest at the rate of 6% p.a. from the date of petition till the date of realization. 7. The Insurance Company is directed to deposit the compensation within a period of eight weeks from the date of receipt of a certified copy of this judgment. 8. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 16.01.2015, passed by the III Additional Senior Civil Judge and MACT, Belagavi, in MVC No.808/2013, stands modified. iii) The claimant is entitled for additional global compensation of Rs.50,000/- along with - 5 - NC: 2025:KHC-D:128 MFA No. 103466 of 2016 interest at the rate of 6% p.a. from the date of petition till its realization, in addition to what has been awarded by the tribunal. iv) The claimant is not entitled for interest for the delayed period of 528 days in filing the appeal. v) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. vi) Send a copy of this judgment to the tribunal. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD List No.: 2 Sl No.: 24