- 1 - HC-KAR NC: 2025:KHC:30035 MFA No. 826 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO.826 OF 2020 (MV-I) BETWEEN: SANNAAPPA SATYAPPA DATTAWADE@DATTAWADE, S/O SATYAPPA DATTAWADE, AGED ABOUT 27 YEARS, OCC: NIL, R/O PUJARI THOTA, KERUR, BELGAUM, NOW RESIDING AT 2ND CROSS SHANKAR VIHAR EXTENSION, DAVANGERE TQ-577001. …APPELLANT (BY SMT. SARITHA KULKARNI, ADVOCATE) AND: 1. CHANDRAPPA S ANGADI S/O SHIVAKALLAPPA, AGE: MAJOR, OCC: TRANSPORT BUSINESS, R/O NEAR REVANASIDDESHWARA PARK, AT & POST KUNDGOL, KUNDGOL TQ., DHARWAD DISTRICT, 2. THE MANAGER, IFFCO TOKIO GENERAL INSURANCE CO.LTD., NO.7/432, PCA & KUVEMPU NAGAR, DAVANGERE-577001. …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADV. FOR R2; NOTICE TO R1 D/W V/O 24/4/2024) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.06.2019 PASSED IN MVC NO.994/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT-IV, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30035 MFA No. 826 of 2020 CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT The appellant being the petitioner in MVC.No.994/2018 on the file of the Principal Senior Civil Judge and Member, MACT-IV, Davanagere (for short 'Tribunal'), has preferred this appeal seeking enhancement of compensation so awarded by the Tribunal vide judgment and award dated 20.06.2019. 2. So far as motor vehicle accident that occurred on 03.06.2018 at 12.30 a.m., while the petitioner was traveling in Mahindra Bolero Maxi Truck bearing Reg.No.KA-23/A-9592 so also, in the said accident, the petitioner has sustained grievous injuries is also not in dispute. It is pleaded by the petitioner that, in the said accident, he has sustained grievous injuries to his right hand, right forearm, forehead, abdominal injuries, head injury, injury to left eye and chin causing fracture of left ribs and undisplaced fracture of left parietal bone with hemi- peritorium and splenic contusion. Immediately after the accident, the petitioner was shifted to Hospital. Initially, he was shifted to C.G.Hospital, Davanagere and thereafter he was taken to KLE Hospital, Belgaum for further treatment. - 3 - HC-KAR NC: 2025:KHC:30035 MFA No. 826 of 2020 According to the petitioner, he was inpatient in the said Hospital from 03.06.2018 to 09.06.2018. Thereafter, he was discharged from the Hospital. Even he has taken treatment as outpatient and according to him, he has spent more than Rs.75,000/- towards medical expenses but, has not yet recovered from the injuries caused in the accident. He is experiencing weakness in right leg and right hand. The petitioner was Sericulturist and now because of the accidental injuries sustained by him, he is unable to discharge his sericulture work. He has sustained permanent disability. Further, it is stated that, he was aged about 26 years at the time of accident and was earning Rs.20,000/- per month from Sericulturist profession and was maintaining his family from that income. 3. The respondent-Insurance Company has denied all the assertions so made by the petitioner and contended that the disability assessed by the Doctor is incorrect and is on higher side and no such injuries have been sustained in the manner stated by the petitioner. Therefore, it was prayed by the insurance company to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC:30035 MFA No. 826 of 2020 4. Learned Tribunal on appreciation of evidence from both the sides, relied upon Ex.P41-wound certificate produced by the petitioner himself. The said wound certificate shows that he suffered four injuries in the said accident. They are: 1) Laceration of size 5 x 1 x 1 cm. Over antero lateral aspect of right forearm 2) Laceration of size 5 x 1 x 1 cm. over scalp 3) Laceration of size 1.5 x 1 x ½ cm. on left eyebrow 4) Laceration of size 1 x ½ x ½ cm. Over left chin It is also observed by the Tribunal that initially, the petitioner took treatment in C.G.Hospital and thereafter, he got admitted to KLE Hospital, Belgaum on 03.06.2018 and was discharged on 09.06.2018. Learned Tribunal taking into consideration the evidence placed on record, has awarded compensation of Rs.90,700/- under all the relevant heads. Hence, now the petitioner is before this Court seeking enhancement of compensation. 5. Learned counsel for the petitioner submits that, in Paragraph No.14 of the Judgment, there is a mention with regard to the nature of the injury suffered by the petitioner and according to him, he has sustained the fracture of left parietal - 5 - HC-KAR NC: 2025:KHC:30035 MFA No. 826 of 2020 bone with hemi-peritorium and splenic contusion etc. So also there is fracture of chin causing fracture of left ribs etc. Ex.P41 reveals the injuries so sustained by the petitioner. 6. The petitioner has examined Dr. KBC Sogi(PW.11). The said Doctor on examination, has assessed physical disability about 25 to 30% but the wound certificate shows that, the petitioner has sustained only four laceration injuries. But, as per the opinion of the Doctor, all the injuries are grievous in nature. Learned Tribunal has observed in the judgment that, in view of the documentary evidence produced by the petitioner, they show that the petitioner has sustained grievous injuries. Learned counsel for the respondent-Insurance company disputes the very nature of the injury and submits that, the compensation awarded by the Tribunal is just and proper. 7. On the other hand, learned counsel for the petitioner submits that, in view of the grievous injuries so suffered by the petitioner, it requires enhancement of compensation. 8. I have scrupulously perused the findings of the Tribunal as well as the medical records. The Tribunal has - 6 - HC-KAR NC: 2025:KHC:30035 MFA No. 826 of 2020 observed that, the petitioner has taken treatment as inpatient for more than 6 days in KLE Hospital after initial treatment in C.G.Hospital on 03.06.2018. The findings also show that, the petitioner has incurred medical expenses of Rs.36,700/-. The prescriptions, ultra sound report discloses that there are, intra abdominal adhesions. The petitioner was treated by Dr. KBC Sogi and got marked disability certificate at Ex.P47. The disability certificate, by functional, clinical and sonological examination, the Doctor has arrived at a conclusion that, the petitioner has physical disability about 25 to 30%. But, the wound certificate so shows is quite contrary to the said injuries stated by the Doctor. 9. Considering all these aspects and also considering the evidence of Dr. KBC Sogi examined as PW.11, it is opined that, this petitioner has taken a treatment as inpatient, so also taken treatment as outpatient. The scanning report also discloses that, the injuries sustained by the petitioner towards stomach are healed and there is scar mark on the wound and the petitioner has taken the follow up treatment. When the petitioner has taken treatment on conservative basis, there - 7 - HC-KAR NC: 2025:KHC:30035 MFA No. 826 of 2020 may not be such disability as alleged by the petitioner. The petitioner has undergone so many medical tests. On perusal of the medical records and opinion of Dr. KBC Sogi, it shows that learned Tribunal has awarded very meager compensation in view of the gravity of injuries sustained by the petitioner. Even on pain and suffering, food and nourishment, attendant and conveyance charges, etc., there is meager award of compensation. Because of accidental injuries, the petitioner cannot enjoy the life as he was enjoying prior to the accident. Taking into consideration, i.e., the pain and suffering, loss of amenities in the life and loss of income during treatment period and the medical expenses of the petitioner, so also keeping in mind the gravity of injuries, if Rs.40,000/- is enhanced in addition to the compensation so awarded by the Tribunal under all the relevant heads it would meet the ends of justice. Therefore, the petitioner is entitled for a global sum of Rs.1,30,700/- under all the relevant heads i.e., pain and suffering, food and nourishment, attendant and conveyance charges, loss of income during laid up period, medical expenses and loss of amenities and unhappiness. Accordingly, the appeal deserves to be allowed in-part. - 8 - HC-KAR NC: 2025:KHC:30035 MFA No. 826 of 2020 10. Resultantly, the following: ORDER (i) Appeal is allowed-in-part; (ii) The appellant-petitioner is entitled for enhanced compensation under all the relevant heads at Rs.1,30,700/- as against Rs.90,700/- awarded by the Tribunal, thereby compensation enhanced by Rs.40,000/- with interest at the rate of 6% per annum from the date of petition till its realization; (iii) The Insurance Company-respondent No.2 is directed to deposit compensation within six weeks from the date of judgment before the Tribunal towards the interest as ordered. (iv) Since the amount is meager, same shall be released in favour of appellant digitally on proper identification. (v) There shall be modified award accordingly. (vi) The Tribunal is directed to release the amount after deposit by the Insurance - 9 - HC-KAR NC: 2025:KHC:30035 MFA No. 826 of 2020 Company by retaining the Photostat copies of the records, if TCR is sent to High Court in other case. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE SMJ List No.: 1 Sl No.: 12