- 1 - NC: 2025:KHC-D:115 MFA No. 101283 of 2021 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.101283 OF 2021 (MV-I) BETWEEN: SRI DHANASHEKAR S/O. SANNA RAMASWAMY, AGE. 43 YEARS, OCC. JUNIOR ENGINEER, KPCL, MUNIRABAD R/O. 2ND CROSS, NEAR VIJAYANAGARA COLLEGE, BASAVESHWARA BADAVANE, HOSAPETE, DIST.BALALRI-583201. …APPELLANT (BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: 1. SRI SURESH S/O. HALAPPA, AGE. 32 YEARS, OCC. OWNER CUM DRIVER OF CRUISER KA-29/A-5988, R/O. HITNAL VILLAGE, TQ. DIST. KOPPAL-583231. 2. SRI PRAKASH S/O. VIRUPAKSHGOUDA, AGE. 37 YEARS, OCC. DRIVER LORRY KA-54/2139, R/O. TARIWAL, TQ. HUNAGUND, DIST. BAGALKOT. 3. SRI MOHAMMEDWALI S/O. MADARALI, AGE. 49 YEARS, OCC. JEERPETH, AT POST. ILKAL, TQ. HUNAGUND, DIST. BAGALKOT-587125. 4. THE MANAGER, SRI RAM GENERAL INSURANCE CO., INSURER OF VEHICLE LORRY BEARING KA-54/2139 AT BAGALKOT AND INSURERS OF CRUISER VEHICLE KA-29-A-5988 NO.E/8, RIICO INDUSTRIAL AREA, SEETHAPUR, JAIPUR, RAJASTHAN STATE PIN CODE-302022. …RESPONDENTS (BY SRI S.K. KAYAKAMATH, ADVOCATE FOR R4; Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:115 MFA No. 101283 of 2021 NOTICE TO R1 TO R3 ARE DISPENSED WITH V/O DATED 07.01.2025) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 03.03.2021 PASSED IN MVC NO.815/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC- CUM - MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL- IV, HOSAPETE AND ETC., THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though this appeal is listed for orders, with the consent of learned counsel for the parties, it is taken up for final disposal. 2. This appeal is filed under Section-173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘MV Act’ for brevity) by the claimant/injured seeking enhancement of compensation being aggrieved by the judgment and award dated 03.03.2021 passed in MVC No.815/2017 on the file of - 3 - NC: 2025:KHC-D:115 MFA No. 101283 of 2021 Principal Senior Civil Judge - Cum MACT No.IV, Hosapete (for short, ‘Tribunal’). 3. The brief facts of the case are that on 06.09.2015, at about 6.00 P.M., the appellant/claimant along with his colleagues was proceeding from Davanagere to Hospet in a Cruiser (Toofan) vehicle bearing registration No.KA-25/A-5988 (hereinafter referred to as offending vehicle), which is leased to KPCL for travel services. At that time, the said vehicle came near New Ananda Devanahalli on H.B.Halli-Hospet Road, respondent No.1 being driver of the said vehicle drove it in a rash and negligent manner and as a result of it collided with a opposite side lorry bearing registration No.KA-54/2139. Due to the said accident, the appellant/claimant, other inmates and driver of the vehicle sustained grievous injuries. Therefore, the claimant has filed the claim petition, seeking compensation. 4. Heard the arguments of learned counsel for the parties and perused the records. 5. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. - 4 - NC: 2025:KHC-D:115 MFA No. 101283 of 2021 6. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries. “Incised wound over frontal region of head measuring 15x1 cm, Blunt trauma cervical vertebral region, fracture of right lateral wall maxillary sinus and fracture of left clavicle middle 1/3rd” 7. The Tribunal after considering the facts and circumstances and evidence on record, has awarded total compensation of Rs.92,311/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, under the following heads: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Towards loss of future earning Nil 2. Towards nourishment and attendant charges 10,000/- 3. Towards pain and suffering 20,000/- 4. Towards loss of future happiness and prosperity 20,000/- 5. Towards medical expenses 22,311/- 6. Towards travelling expenses 20,000/- Total Compensation 92,311/- 8. The claimant is working as Junior Engineer in KPCL in Government service. Therefore, he is not entitled for compensation under the head loss of future income due to disability as he has continued in the same job with the same - 5 - NC: 2025:KHC-D:115 MFA No. 101283 of 2021 salary and also his promotional avenues is not affected due to the injuries sustained. 9. Upon considering the injuries sustained and amount of compensation awarded by the Tribunal on other heads, which are on the lower side, the claimant is entitled to enhanced compensation on the correct parameters. 10. Considering the nature of injuries sustained, the compensation of Rs.20,000/- awarded by the Tribunal under the head 'pain and suffering’ is on the lesser side. The same is enhanced to Rs.40,000/-. 11. The compensation awarded under the head of ‘Medical Expenses’ is as per the medical bills produced by the claimant and the same is kept intact. 12. The claimant has undergone surgery and for removal of implant further amount is required. Therefore, the claimant is entitled for compensation of Rs.50,000/- including the incident charges like attendant charges, food, nourishment and travelling expenses and also for future treatment. - 6 - NC: 2025:KHC-D:115 MFA No. 101283 of 2021 13. The Tribunal has not awarded any compensation under the head 'Loss of Amenities'. It is just and proper to award a sum of Rs.60,000/- under the said head. 14. The compensation awarded under the other heads is just and proper. Hence, the same is kept intact. 15. Thus, the claimant is entitled for total compensation under various heads as under: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Towards loss of future earning Nil 2. Towards nourishment and attendant charges 10,000 3. Towards future medical expenses and incidental charges i.e., food, nourishment, attendant charges, travelling expenses. 50,000 4. Towards pain and suffering 40,000 5. Towards loss of future happiness and prosperity 20,000 6. Towards medical expenses 22,311 7. Loss of Amenities 60,000 8. Travelling expenses 20,000 Total Compensation 2,22,311 16. The Tribunal has awarded the compensation of Rs.92,311/-, but the appellant/claimant is entitled to total compensation of Rs.2,22,311/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,30,000/- (Rs.2,22,311/- - Rs.92,311/-) along with - 7 - NC: 2025:KHC-D:115 MFA No. 101283 of 2021 interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal. 17. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in MVC No.815/2017 dated 03.03.2021 by the Court of Principal Senior Civil Judge – Cum MACT No.IV, Hosapete, is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.2,22,311/- along with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal. iii. The respondent/insurance company shall deposit the enhanced compensation amount along with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. iv. On such deposit, the same shall be released in favour of the appellant. v. Draw modified award accordingly. - 8 - NC: 2025:KHC-D:115 MFA No. 101283 of 2021 vi. The other observations and findings of the Tribunal are kept in tact. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 2 Sl No.: 5