- 1 - NC: 2025:KHC-D:2360 MFA No. 25000 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.25000 OF 2013 (MV-I) BETWEEN: SRI NAGAYYA S/O. BASAYYA JANTHAGALLMATH, AGED ABOUT 30 YEARS, OCC: AGRI. AND COOLIE, R/O: PATTALACHANTI, PIN: 582112, TQ: KUSHTAGI, DIST: KOPPAL. …APPELLANT (BY SRI A.B. PATIL, ADVOCATE) AND: 1. SRI. HANUMAPPA S/O. BHIMAPPA GOLLAR, AGE: MAJOR, OCC: DRIVER, KSRTC BUS NO.KA-37/F-50, DEPOT KUSHTAGI, PIN-582112, TQ: KUSHTAGI, DIST: KOPPAL. 2. THE DIVISIONAL CONTROLLER KSRTC KOPPAL, TQ: AND DIST: KOPPAL. …RESPONDENTS (BY SRI M. KESHAVA REDDY, AAG-II ALONG WITH SRI ABHISHEK MALIPATIL, HCGP FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THIS APPEAL BY MODIFY THE JUDGMENT AND AWARD DATED 10.12.2010, PASSED BY THE SENIOR CIVIL JUDGE AND ADDL. MACT, YELBURGA, AT: KUSHTAGI, IN M.V.C. NO.621/2008, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2360 MFA No. 25000 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though this appeal is listed for admission, with consent of learned counsel for the parties, it is taken up for final disposal. 2. This appeal is filed by the claimant challenging the judgment and award dated 10.12.2010, passed by the Court of Senior Civil Judge and Additional MACT, Yelburga, at Kushtagi in MVC No.621/2008, seeking enhancement of compensation. 3. Heard the arguments and perused the material placed before the Court. 4. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 5. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries: - 3 - NC: 2025:KHC-D:2360 MFA No. 25000 of 2013 “1. Concretion over the angle of the mouth of right side. 2. Three teeth fallen from the lower jaw.” 6. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Loss of Earning for three months. 9,000/- 2. Loss of Three Teeth. 20,000/- 3. Towards Medical Expenses. 3,000/- Total: 32,000/- 7. Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 8. Therefore, the claimant is entitled for an additional global compensation of Rs.20,000/- 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. 9. The Insurance Company is directed to deposit the enhanced global compensation within eight weeks - 4 - NC: 2025:KHC-D:2360 MFA No. 25000 of 2013 from the date of receipt of a certified copy of this judgment. 10. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 10.12.2010 passed by the Court of Senior Civil Judge and Additional MACT, Yelburga, at Kushtagi in MVC No.621/2008, stands modified. iii) The claimant is entitled for an additional global compensation of Rs.20,000/- 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. iv) The Insurance Company shall deposit the amount within a period of eight weeks - 5 - NC: 2025:KHC-D:2360 MFA No. 25000 of 2013 from the date of receipt of a copy of this judgment. v) Send a copy of this judgment to the Tribunal. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 40