- 1 - HC-KAR NC: 2025:KHC-D:15372 MFA No. 100687 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 100687 OF 2024 (MV-I) BETWEEN: SHRI NINGAPPA S/O. RUDRAPPA PUJERI, AGE: 32 YEARS, OCC: MASON WORK (NOW NIL), R/O. UDIKERI, TQ: BAILHONGAL, DIST: BELAGAVI-591104. …APPELLANT (BY SRI. VIJAYKUMAR K. KOTIN, ADVOCATE) AND: 1. SRI. UMESH S/O. MAHADEVAPPA KLANNAVAR, AGE: 42 YEARS, OCC: BUSINESS, R/O. JANATA PLOT, AP AND PO: KARIMANI, TQ: SOUNDATTI, DIST: BELAGAVI-591119. (OWNER OF HERO MOTORS CO TWO WHEELER NO.KA24/Y-1475) 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., ”PRABHU BUILDING”, RAMDEV GALLI, BELAGAVI, AT: BELAGAVI, TQ: AND DIST: BAILHONGAL-590001. OWNER OF HERO MOTORS CO. TWO WHEELER NO.KA-24/Y-1475) …RESPONDENTS (BY SRI. SURESH S. GUNDI, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15372 MFA No. 100687 of 2024 THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C. NO.616/2021, ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL DATED 02.11.2023 BY ALLOWING THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. 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) 1. Heard Sri.Vijaykumar Kottin, learned counsel for the appellant as well as Sri.Suresh S. Gundi, learned counsel for respondent No.2. 2. This appeal is the outcome of the award that is passed by the Additional Motor Accident Claims Tribunal, Bailhongal in MVC No.616/2021 dated 02.11.2023. This is a claimant's appeal. - 3 - HC-KAR NC: 2025:KHC-D:15372 MFA No. 100687 of 2024 3. Arguing the matter, learned counsel for the appellant states that the appellant sustained two grievous injuries in a road traffic accident and took extensive treatment. He was bedridden for a long period. However, the Tribunal did not award justifiable sum as compensation. Therefore, the present appeal is filed. Learned counsel thereby seeks for enhancement in compensation. 4. On the other hand, the submission that is made by learned counsel for respondent No.2 is that, the Tribunal having considered totality of evidence produced, awarded justifiable sum as compensation and therefore the award needs no interference. 5. It is not in dispute that the appellant sustained fracture of scaphoid and fracture of superior pubic rami which are grievous in nature. The Tribunal having considered the evidence of PW2, Exhibits P5 to P10, P13 and P14 came to a conclusion that the appellant is - 4 - HC-KAR NC: 2025:KHC-D:15372 MFA No. 100687 of 2024 entitled to a sum of Rs.5,82,552/- as compensation divided under following heads: 1 Pain and suffering Rs.40,000 2 Medical expenses Rs.21,352 3 Towards diet food nourishment, attendant and conveyance charges Rs.2,500 4 Towards loss of future earning capacity due to permanent disability Rs.4,61,700 5 Loss of income during laid up period Rs.28,500 6 Towards loss of amenities and enjoyment in life Rs.28,500 Total Rs.5,82,552/- 6. Though learned counsel for the appellant states that the disability assessed by the tribunal is on lower side, but this Court does not find any grounds to interfere with in that regard as the tribunal gave valid reasoning for assessing the percentage of disability which is permanent in nature and giving a finding that the appellant is entitled a sum of Rs.4,61,700/- towards ‘loss of future earnings’. However the compensation granted towards ‘pain and suffering’, towards ‘food, nourishment, attendant and - 5 - HC-KAR NC: 2025:KHC-D:15372 MFA No. 100687 of 2024 conveyance charges’ and also ‘loss of income during laid up period’ are on lower side. Hence this Court is of the view that in case the sum awarded as compensation is enhanced by Rs.40,000/-, the total amount which the appellant would receive will be justifiable. 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 Additional Motor Accident Claims Tribunal, Bailhongal, through orders in MVC 616 of 2021 dated 02.11.2023 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. - 6 - HC-KAR NC: 2025:KHC-D:15372 MFA No. 100687 of 2024 (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab/EM CT-MCK List No.: 1 Sl No.: 37