- 1 - HC-KAR NC: 2025:KHC:25762 MFA No. 5280 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 5280 OF 2024 (MV-I) BETWEEN: SRI. NINGAPPA TANDOOR S/O GUDDAPPA, AGED ABOUT 46 YEARS, R/O BILLAHALLI VILLAGE, RANEBENNUR TALUK, HAVERI DISTRICT. PRESENTLY R/O C/O HIS WIFE DURUGAMMA R/O HALASABALU VILLAGE HARIHARA TALUK, HOLALKERE TALUK DAVANGERE DISTRICT - 577 601. …APPELLANT (BY SRI. N.K. SIDDESWARA, ADVOCATE) AND: 1. SRI. PARSHURAM NAGAPPA HARIJAN, S/O NAGAPPA HARIJAN, AGED ABOUT 25 YEARS, DRIVER OF LORRY NO M.H. 20 CT 7865, R/O TALLAHALLI VILLAGE, HARIJANKERI, SAVANUR TALUK HAVERI DISTRICT - 581 118. 2. SRI BASAVARAJ ANGADI Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25762 MFA No. 5280 of 2024 S/O ADIVEPPA AGED ABOUT 45 YEARS OWNER OF LORRY NO. MH 20/CT-7865 APMC ROAD, UDAYANAGARA RAILWAY STATION, HAVERI - 581 111. 3. SRI. IMTIYAS AHMED S/O NOOR BASAHA KHAJI AGED ABOUT 53 YEARS R/O DASRAGAHALLI, DADAG - 582 101. (PREVIOUS OWNER OF LORRY NO MH 20 CT 7865) 4. THE ORIENTAL INSURANCE CO. LTD., NEAR VIDYARTHI BHAVAN CIRCLE DAVANAGERE CITY - 577 002, REPRESENTED BY ITS DIVISIONAL MANAGER …RESPONDENTS (BY SRI. A.M. VENKATESH, ADVOCATE FOR R4; VIDE ORDER DATED 26.11.2024, NOTICE TO R1 TO R3 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.07.2024 PASSED IN MVC NO. 656/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, IV MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:25762 MFA No. 5280 of 2024 CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri. N.K.Siddeshwara learned counsel for the appellant as well as Sri.A.M.Venkatesh learned counsel for respondent No.4. 2. Disputing the sum that is awarded as compensation by the Motor Accidents Claims Tribunal-IV, Davanagere through orders in M.V.C. No.656/2021 dated 19.07.2024 and raising a contention that he is entitled to a higher sum than that which is awarded as compensation by the tribunal, the claimant is before this Court though this appeal. 3. Learned counsel for the appellant submits that the appellant sustained grievous injuries in a road traffic accident and he took treatment as inpatient for about 2 months. The appellant is left with permanent physical disability. However, the tribunal awarded meager sum as compensation under all heads. Learned counsel also states that the appellant could not attend his normal pursuits for a period of six months. But the tribunal did not award any sum as compensation under the - 4 - HC-KAR NC: 2025:KHC:25762 MFA No. 5280 of 2024 head loss of earnings during laid up period. Learned counsel thereby seeks the Court to award the sum that is claimed by the appellant. 4. On the otherhand, the submission that is made by learned counsel for respondent No.4 is that the Tribunal, considering all the aspects of the case, awarded justifiable sum as compensation and therefore the award needs no interference. 5. By the evidence of PW-2 it is clear that the appellant sustained Type 3rd compound fracture to left femur and that he took treatment as inpatient at Basaveshwara Health Centre from 21.03.2021 to 11.05.2021. It is also stated by PW-2 that during the course of treatment the appellant underwent a surgery of ORIF with K Nial fixation along with wound debridement and skin grafting. Having considered the nature of injuries sustained, this Court is of the view that the appellant would have taken bed rest atleast for a period of three months. As rightly contended, the tribunal did not award any sum as compensation under the head loss of earnings during laid up period. The tribunal took the notional income of the appellant - 5 - HC-KAR NC: 2025:KHC:25762 MFA No. 5280 of 2024 as Rs.15,000/- per month. Therefore, the loss of earnings during laid up period comes to Rs.45,000/- (15,000 x 3). Though learned counsel for the appellant contends that the compensation granted by the tribunal under all other heads is grossly low, this Court is of the view that the compensation granted under all the heads i.e., loss of future earning capacity, pain and suffering, loss of amenities, food nourishment, attendant and conveyance charges and also medical expenses is justifiable. Having regard to the nature of injuries sustained and the evidence produced, the tribunal awarded a sum of Rs.6,11,740/- in total. Therefore, this Court is of the view that the compensation which the appellant is entitled to receive in addition to the sum that is awarded by the tribunal is Rs.45,000/-. Hence, the appeal is disposed of with the following:- ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Motor Accident Claims Tribunal-IV, Davanagere through orders in M.V.C. - 6 - HC-KAR NC: 2025:KHC:25762 MFA No. 5280 of 2024 No.656/2021 dated 19.07.2024 is enhanced by Rs.45,000/-. 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.4 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this order. v. On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 55 CT: BHK