- 1 - HC-KAR NC: 2025:KHC-K:3401 MFA No. 200171 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO. 200171 OF 2024 (MV-I) BETWEEN: JAGANATH S/O NARASAPPA SUNAGAR, AGED: 42 YEARS, OCC: AGRICULTURE AND COOLIE, NOW NIL, R/O: CHIMA LADALI, TALUK: CHINCHOLI, DISTRICT: KALABURAGI. NOW R/AT: H.NO.54 KHADRI CHOWK, KALABURAGI – 585 106. …APPELLANT (BY SRI B.C.JAKA, ADVOCATE) AND: 1. MOUNESHWAR S/O SHESHAPPA, AGE: MAJOR, OCC: OWNER OF THE VEHICLE NO.TS08FR 5720, R/AT: H.NO.4-494, BRAHMAJI COLONY, NGARAM, HYDERABAD – 500 004. 2. THE UNITED INDIA INSURANCE CO. LTD. THROUGH ITS DIVISIONAL OFFICE AND MANAGER, OPP: SANGAM THEATRE, IIND FLOOR, SUPER MARKET, KALABURAGI – 585 102. …RESPONDENTS (BY SMT. SANGEETA BHADRASHETTY, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3401 MFA No. 200171 of 2024 THIS MFA IS FILED UNDER SECTION 173(1) OF THE M.V. ACT, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED-12-09-2023, IN M.V.C.NO.570/2022, PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI AND CONSEQUENTLY BE PLEASED TO ENHANCE THE COMPENSATION OF RS.10,00,000/-, WITH INTEREST 12% PER ANNUM FROM THE DATE OF PETITION TILL ACTUAL REALIZATION. THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 12.09.2023 passed by I Addl. Senior Civil Judge and MACT, Kalaburagi, in MVC no.570/2022, this appeal is filed. 2. Sri B.C.Jaka, learned counsel submitted appeal was by claimant for enhancement of compensation. It was submitted at 6.30 p.m. on 29.11.2020, when claimant along with others was returning to their village by walk, rider of motorcycle bearing registration no.TS-08/FR-5720 rode it in rash and negligent manner and dashed against pedestrians. In accident, claimant sustained several fractural injuries. Despite taking treatment at Government Hospital, Chandapur, Chincholli and GIMS Hospital, Kalaburagi, he did not recover fully and sustained permanent physical disability/loss of earning - 3 - HC-KAR NC: 2025:KHC-K:3401 MFA No. 200171 of 2024 capacity. Therefore, he filed claim petition under Section 166 of M.V.Act, against owner and insurer of motorcycle. 3. On contest, wherein owner remained absent and he was placed ex-parte. Respondent no.2-insurer opposed claim petition on all grounds. 4. Based on pleadings, tribunal framed issues and recorded evidence, wherein claimant examined himself as PW.1 and examined Doctor Raju Kulkarni as PW.2 and got marked Exs.P.1 to P.14. On behalf of respondent-Insurance Company, its official was examined as RW.1 and got marked documents as Exs.R1 and R2. 5. On consideration, Tribunal held accident had occurred due to rash and negligent riding of motorcycle by its rider, claimant sustained loss of earning capacity and therefore entitled for compensation. It held insurer liable to pay compensation assessed as follows: Sl.No. Heads Amount 1 Loss of future earning, disability -Nil- 2 Pain and suffering Rs.40,000/- 3 Medical expenses Rs.240/- Total Rs.40,240/- - 4 - HC-KAR NC: 2025:KHC-K:3401 MFA No. 200171 of 2024 6. Dissatisfied with same, claimant was in appeal. 7. It was submitted though claimant sustained several fractural injuries, tribunal awarded meager compensation towards pain and suffering and medical expenses and sought enhancement. 8. On other hand, Smt.Sangeeta Bhadrashetty, learned counsel for respondent no.2-insurer opposed appeal. It was submitted tribunal had taken note of facts and circumstances, appreciated them in proper perspective and held claimant entitled for only compensation under pain and suffering and medical expenses. Therefore, award did not call for interference. 9. Heard learned counsel, perused impugned judgment and award, certified copies of deposition and exhibits made available for perusal of this Court by learned counsel for respondent-insurer. 10. From above, it is seen this appeal is by claimant for enhancement of compensation and insurer has not preferred appeal, point that would arise for consideration is: - 5 - HC-KAR NC: 2025:KHC-K:3401 MFA No. 200171 of 2024 “Whether claimant is entitled for enhancement of compensation as prayed for? 11. Findings of tribunal regarding occurrence of accident due to rash and negligent riding of insured vehicle by its rider, claimant sustaining injuries and insurer being liable to pay compensation are not in dispute. 12. Claim petition was filed alleging that claimant had sustained several fractural injuries i.e., fracture of both hands, amputation of left finger, left hand fracture of pelvis, fracture of left foot, fracture of right leg, fracture of humerus and ulna and grievous injuries over other parts of body. However, Ex.P10- wound certificate issued by Government Hospital, shows nature of injuries as simple. Even Ex.P8-disability certificate issued by PW.2 refers to mal-united fracture of first metacarpal. Though, there is reference to X-rays of hand, pelvis area and left finger in Ex.P11, no fractures were found. It is also seen that PW.2 had assessed upper limb disability at 20% and sought to explain it on account of loss of grip, strength and inability to lift heavy weight. Normally, fracture of metacarpal would not cause any serious disability. Moreover, normally right hand will - 6 - HC-KAR NC: 2025:KHC-K:3401 MFA No. 200171 of 2024 be dominant and left hand would be supportive. Loss of grip, strength to some extent cannot be held to be resulting in loss of earning capacity. However, on account of fracture sustained, claimant would have been away from work for at-least two months. Taking said period of lay-off and adopting notional income for year 2020 i.e., date of accident as Rs.13,750/-, claimant would be entitled for Rs.27,500/- towards loss of income during laid up period. Claimant is also awarded Rs.15,000/- towards loss of amenities. 13. Tribunal has awarded only Rs.240/- towards medical expenses against bills produced. Claimant has taken treatment in Government Hospitals for about 6 days. Taking note of same, it would be appropriate to award Rs.7,500/- towards attendant, food and other incidental expenses. Thus, total compensation would be re-assessed as follows: Sl.No. Heads Amount 1 Loss of future earning, disability Rs.27,500/- 2 Pain and suffering Rs.40,000/- 3 Other incidental expenses Rs.7,500/- 4 Loss of amenities Rs.15,000/- 5 Medical expenses Rs.00,240/- Total Rs.90,240/- - 7 - HC-KAR NC: 2025:KHC-K:3401 MFA No. 200171 of 2024 14. In view of above, point for consideration is answered partly in affirmative. Consequently, following: ORDER i. Appeal is allowed in part. ii. Judgment and award passed by tribunal, is modified. iii. Claimant is held entitled for re-assessed compensation of Rs.90,240/- as against Rs.40,240/- awarded by Tribunal with interest at 6% per annum from date of claim petition till deposit. iv. Respondent-insurer to deposit same before Tribunal within a period of six weeks. Sd/- (RAVI V HOSMANI) JUDGE MSR List No.: 1 Sl No.: 24