- 1 - HC-KAR NC: 2025:KHC-D:15670 MFA No. 101990 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 101990 OF 2022 (MV-I) BETWEEN: SMT. PRABHAVATI W/O. YALLAPPA MANDRE, AGE: 52 YEARS, OCC: COOLIE, R/O. GOJANUR, TQ: SHIRAHATTI, DIST: GADAG-582 116. …APPELLANT (BY SRI. GURURAJ R. TURAMARI, ADVOCATE) AND: 1. DIVISIONAL MANAGING DIRECTOR, N.W.K.R.T.C., GOKUL ROAD, HUBBALLI, DIST: DHARWAD-580010. 2. DIVISIONAL MANAGER, N.W.K.R.T.C., GADAG DIVISION, DIST: GADAG-582122. 3. THE SELF INSURANCE FUND, N.W.K.R.T.C., GOKUL ROAD, HUBBALLI, DIST: DHARWAD-580010. …RESPONDENTS (BY SRI. S.C. BHUTI, ADVOCATE FOR R1-R3) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE, LAXMESHWAR IN M.V.C. NO.210/2010 DATED 27.07.2012 AND ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15670 MFA No. 101990 of 2022 THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Gururaj R. Turamari, learned counsel for the appellant as well as Sri S.C.Bhuti, learned counsel for respondents. 2. This appeal is the outcome of the award that is passed by the Motor Accident Claims Tribunal, Laxmeshwar in MVC 210 of 2010 dated 27.07.2012. This is a claimant's appeal. 3. The appellant who admittedly sustained fracture of left knee got a sum of Rs.11,279/- as compensation and projecting that she is entitled to a higher sum, the present appeal is filed. 4. Learned counsel for the appellant contends that the appellant produced sufficient proof to show that she - 3 - HC-KAR NC: 2025:KHC-D:15670 MFA No. 101990 of 2022 sustained grievous injury in a road traffic accident. Further PW8 clearly deposed that the disability is 20% in respect of injured part of the body. But the tribunal, without considering the evidence produced, awarded a sum of Rs.10,000/- only as compensation for the grievous injury sustained apart from Rs.1,279/- towards ‘medical expenses’. Learned counsel states that the appellant who was a coolie as on the date of accident lost her capacity to attend the coolie work and earn. Learned counsel thereby seeks for enhancement in compensation. 5. Learned counsel for respondents on the other hand states that the appellant preferred appeal with delay of 2748 days. Learned counsel submits that in case this Court is of the view that the compensation granted by the tribunal is on lower side there may be marginal enhancement subject to denial of interest. 6. Though the appellant failed in establishing that she took treatment as inpatient yet there is no dispute that - 4 - HC-KAR NC: 2025:KHC-D:15670 MFA No. 101990 of 2022 the appellant sustained grievous injury in a road traffic accident that is fracture of left knee. Therefore this Court is of the view that the appellant could not have attended her normal pursuits at least for a period of 3 months. Also the appellant might have incurred certain sum towards ‘food, extra-nourishment, attendant and conveyance charges’. Also she should have sustained loss due to failure in attending her normal pursuits and her work as coolie. Therefore considering all these aspects this Court is of the view that globally the appellant is entitled to an additional sum of Rs.50,000/- as compensation. 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, Laxmeshwar through orders in MVC 210 of 2010 dated 27.07.2012 is enhanced by Rs.50,000/-. - 5 - HC-KAR NC: 2025:KHC-D:15670 MFA No. 101990 of 2022 (iii) Respondents are directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. (iv) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 30