- 1 - NC: 2025:KHC-K:1796 MFA No. 200025 of 2019 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.200025 OF 2019 (MV-I) BETWEEN: SMT. SARASWATHI W/O BUDEPPAGOUDA, AGE: 54 YEARS, OCC: HOUSEHOLD & AGRI., R/O H.NO. 656, 2ND CROSS, DEVASUGUR VILLAGE, DIST. RAICHUR. …APPELLANT (BY SRI. VEERANAGOUDA MALIPATIL, ADVOCATE) AND: 1. IRSHAD MIYA S/O MAQBOOL AHMED, AGE: 44 YEARS, OCC: DRIVER CUM OWNER OF JEEP BEARING NO.KA-23/Z-8001, R/O H.NO. 2-6-78/17, BUS STAND RAOD, GALIB NAGAR, RAICHUR-585 103. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., P.F. NO.53, SUKHANI COMPLEX, M.G. ROAD, GANDHI CHOWK, RAICHUR-585 102. …RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2; R1-SERVED) Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1796 MFA No. 200025 of 2019 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 26.02.2018 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE, RAICHUR, IN FILE BEARING MVC NO.347/2015, AND ALLOW THE APPEAL BY ENHANCING THE COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C M JOSHI) Heard the learned counsel appearing for appellant and learned counsel appearing for respondent No.2. 2. Being aggrieved by the judgment and award dated 26-02-2018 passed in MVC No. 347/2015 by the learned Principal District and Sessions Judge and MACT, Raichur, the petitioner is before this Court in appeal. 3. The short point that is urged by the learned counsel for the appellant/ petitioner is that, the Tribunal - 3 - NC: 2025:KHC-K:1796 MFA No. 200025 of 2019 has awarded abysmally low compensation towards the injuries suffered by the petitioner. 4. The undisputed facts are that, the petitioner had suffered injuries in the road traffic accident dated 17.7.2014 while she was proceeding by walk on Shaktinagar-Raichur road in front of Anand High School at 11.00 a.m, a Jeep insured by respondent No.2, owned by respondent No.1 had hit to her. The petitioner had sustained (i)’T’ shaped cut lacerated wound on the front temporal left side 7x4x1 cms with acute bleeding; (2) cut lacerated wound 5x2x1 cm on left supra orbital region with active bleeding and (3) cut lacerated wound 1x1 cms at left upper eyelid with active bleeding along with sub dural hemotoma over the left parietal bone and fracture of left nasal bone. She took treatment where she had to spend Rs.97,000/- towards the medical expenses. 5. The learned counsel for the appellant would submit that she had suffered the above injuries and she being a lady aged about 50 years, it is difficult for her to - 4 - NC: 2025:KHC-K:1796 MFA No. 200025 of 2019 cope up with the life with the injuries suffered as above. Therefore, he submits that the Tribunal should have awarded substantial amount under the head of loss of amenities in life and for pain and suffering while admitting that there is no evidence to show that there was any disability, he seeks enhancement of the compensation globally. 6. Learned counsel appearing for respondent No.2 though admit that the compensation under the above mentioned two heads is slightly lesser, she defends the impugned judgment contending that the compensation is appropriate and no interference is required in the same. 7. Considering the nature of the injuries suffered by the petitioner, and the nature of treatment taken by her by admitting to the hospital; as may be found from the hospital records which shows that she was inpatient for more than 07 days; it would be just and proper to award a sum of Rs.45,000/- under the head of pain and suffering, a sum of Rs.35,000/- under the head of loss of amenities - 5 - NC: 2025:KHC-K:1796 MFA No. 200025 of 2019 in life. In all, there shall be global enhancement of Rs.50,000/- in addition to what has been awarded by the Tribunal. Therefore, the appeal deserves to be allowed in part. Hence, the following: ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award passed by the Tribunal is modified. (iii) The petitioner is entitled for a global compensation of Rs.50,000/- in addition to what has been awarded by the Tribunal. (iv) Respondent No.2 is directed to deposit the compensation amount within six weeks from the date of receipt of the copy of this order. Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 59 CT: AK