- 1 - NC: 2025:KHC-D:165 MFA No. 103298 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103298 OF 2014 (MV-I) BETWEEN: GANGAWWA W/O. NAGAPPA KALASANNAVAR, AGED ABOUT 47 YEARS OCC: HOTEL BUSINESS, R/O. BEEDI, TQ. KHANAPUR, DIST. BELAGAVI. …APPELLANT (BY SRI K. ANANDKUMAR, ADVOCATE) AND: 1. ABDULKHADAR S/O. MUGUTSAB BOGUR, AGED MAJOR OCC. BUSINESS, R/O. BEEDI, TQ. KHANAPUR, DIST. BELAGAVI. 2. THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE AT MARUTI GALLI, DIST. BELAGAVI. …RESPONDENTS (BY SRI M.K. SOUDAGAR, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT 1988, PRAYS TO ALLOW THE ABOVE MISC. FIRST APPEAL AND CONSEQUENTLY BE PLEASED TO MODIFY THE JUDGMENT AND AWARD DATED 10.04.2014 PASSED BY THE COURT FAST TRACK COURT-II AND ADDL. MACT AT BELAGAVI IN M.V.C. NO.2606/2012 AND ETC., 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:165 MFA No. 103298 of 2014 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though this appeal is listed for admission, with the 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 10.04.2014, passed by the Fast Track Court II and Additional MACT, Belgaum, in MVC No.2606/2012 (hereinafter referred to as the ‘Tribunal’), 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. The Tribunal has awarded compensation under various heads as under: - 3 - NC: 2025:KHC-D:165 MFA No. 103298 of 2014 Sl. No. Heads. Amount in (Rs.) 1. Pain and sufferings. 50,000 2. Loss of future happiness and amenities. 1,50,000 3. Loss of income during the treatment period. 6,000 4. Incidental charges. 18,000 5. Medical expenses. 10,000 Total: 2,34,000 6. In the present case, from the medical evidence on record, it is proved that the claimant had suffered simple injuries and was inpatient for a period of 4 days in hospital and spent Rs.3684/- for her treatment. Considering the wounds sustained by the petitioner, the Tribunal has awarded global compensation of Rs.4000/-, which is equal to medical expenses. Therefore, the amount awarded by the Tribunal is inadequate. Hence, it is just and proper to award global compensation of Rs.20,000/- in addition to what has been awarded by the tribunal, along with interest at the rate of 8% p.a. from the date of petition till the date of realization. 7. The Insurance Company is directed to deposit the enhanced global compensation within a period of six weeks from the date of receipt of a certified copy of this judgment. - 4 - NC: 2025:KHC-D:165 MFA No. 103298 of 2014 8. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award 10.04.2014, passed by the Fast Track Court II and Additional MACT, Belgaum, in MVC No.2606/2012, stands modified. iii) The claimant is entitled for the global compensation of Rs.20,000/- along with interest at the rate of 8% 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 161 days in filing the appeal. v) The insurance company shall deposit the amount within a period of six weeks from the date of receipt of a copy of this judgment. - 5 - NC: 2025:KHC-D:165 MFA No. 103298 of 2014 vi) Send a copy of this judgment to the Tribunal. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 2 Sl No.: 19