- 1 - HC-KAR NC: 2025:KHC-D:14786 MFA No. 101708 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 101708 OF 2018 (MV-) BETWEEN: H. GOVINDAPPA S/O. HANUMANTHAPPA, AGED ABOUT 45 YEARS, OCC: BARBER AND MEMBER OF GRAMAPANCHAYATH, R/O: DHARMASAGAR VILLAGE, HOSAPETE. …APPELLANT (BY SMT. SOUBHAGYA S. VAKKUND, ADVOCATE FOR SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) AND: 1. H. NAGENDRAPPA @ NAGARAJA S/O. HANUMANTHAPPA, DRIVER OF HET TRACTOR BEARING ITS REG.NO.KA-34/T-7848, TROLLEY NO.KA-35/T-173, R/O: SIRAGANAHALLI VILLAGE, HARAPANAHALLI TALUK, DAVANAGERE DISTRICT, NOW R/O: CHAPPARADAHALLI, TORANAGALLU POST, SANDUR. 2. S. HANUMANTHAPPA S/O. HANUMANTHAPPA, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.05 12:39:13 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14786 MFA No. 101708 of 2018 OWNER OF THE TRACTOR BEARING ITS REG.NO.KA-34/T-7848, R/O: SHANAVASAPURA POST, SIRIGUPPA TALUK. 3. THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, STATIN ROAD, HOSAPETE. …RESPONDENTS (BY SMT. ARUNA R. DESHPANDE, ADVOCATE FOR R3; NOTICE TO R1 & R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 25.10.2016 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HOSAPET IN M.V.C.NO.822/2011 BY ENHANCING THE COMPENSATION AND AWARDING A TOTAL COMPENSATION OF RS.10,00,000/- TO THE APPELLANT AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14786 MFA No. 101708 of 2018 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Smt.Soubhagya Vakkund who appears before this Court physically and represents Sri.Y.Lakshmikant Reddy, learned counsel on record for the appellant. Also heard Smt.Aruna R.Deshpande, learned counsel for respondent No.3 who appears through video conference. 2. Challenge in this appeal is the order that is rendered by the Motor Accident Claims Tribunal-VII, Hospet (hereinafter referred to as ‘the Tribunal’ for brevity) in M.V.C. No.822/2011 dated 25.10.2016. 3. The appellant projecting that he sustained grievous injuries in a road traffic accident and became disabled to work, filed a petition claiming compensation of Rs.10,00,000/- in total. The Tribunal through the impugned order awarded a sum of Rs.2,22,350/- as compensation. - 4 - HC-KAR NC: 2025:KHC-D:14786 MFA No. 101708 of 2018 The contention of the appellant is that he is entitled to a higher sum. 4. Smt.Soubhagya Vakkund, learned counsel for the appellant submits that the appellant sustained two grievous injuries and two simple injuries during the course of accident. As a Barber, he was earning Rs.4,500/- per month by the date of accident. However, the Tribunal took the income of the appellant notionally as Rs.4,000/- per month which is improper. Learned counsel also states that the Tribunal awarded a sum of Rs.1,350/- only towards loss of income during laid up period and indeed the appellant took bed rest for more than six months. Learned counsel thereby seeks for enhancement in compensation. 5. The submission that is made by Smt.Aruna R.Deshpande, learned counsel for respondent No.3 is that the appellant failed to produce any proof with regard to his occupation and earnings as on the date of accident. Learned - 5 - HC-KAR NC: 2025:KHC-D:14786 MFA No. 101708 of 2018 counsel further submits that the compensation that was granted by the Tribunal under all heads is justifiable. 6. The contents of Ex.P.5-Wound Certificate reveal that the appellant sustained fracture of both bones of right leg and fracture of base of 3rd metatarsal of right foot, which are grievous in nature, apart from two other simple injuries. Therefore, considering the nature of injuries sustained coupled with the treatment taken, this Court is of the view that the appellant would have taken bed rest at least for a period of 6 months. But the Tribunal awarded a sum of Rs.1,350/- only towards loss of income during laid up period. Also, the Tribunal ought to have considered the earnings of the appellant as Rs.4,500/- per month as pleaded by him. Considering these facts and the evidence produced, this Court is of the view that the compensation that is granted by the Tribunal is required to be enhanced by Rs.40,000/- so that the sum which the appellant receives in total will be justifiable. Therefore, the appeal is disposed of with the following: - 6 - HC-KAR NC: 2025:KHC-D:14786 MFA No. 101708 of 2018 ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal-VII, Hospet through orders in M.V.C. No.822/2011 dated 25.10.2016 is enhanced by Rs.40,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit except for a period of delay of 134 days as per orders in I.A. No.1/2018. (iv) Respondent No.3 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. - 7 - HC-KAR NC: 2025:KHC-D:14786 MFA No. 101708 of 2018 (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 19