- 1 - HC-KAR NC: 2026:KHC-D:1734 MFA No. 103406 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.103406 OF 2025 (MV) BETWEEN: SHRI. BABURAO CHANDRAKANT JADHAV, AGE. 51 YEARS, OCC. FURNITURE MAKER CARPENTER, NOW NIL, R/O. ANGOL, BELAGAVI-591310. …APPELLANT (BY SRI. HARISH S.MAIGUR, ADVOCATE) AND: 1. DISHESH YALLAPPA JADHAV, AGE. MAJOR, OCC. PRIVATE BUSINESS, R/O. 506, TAL. RAGHUNATH PETH, ANGOL, BELAGAVI-590006. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD., D.O. 1568, MARUTI GALLI, BELAGAVI-590001. …RESPONDENTS (BY SMT. PREETI SHASHANK, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 16.05.2025 PASSED IN M.V.C. NO.1842/2024 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, BY ALLOWING THIS MISCELLANEOUS FIRST APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1734 MFA No. 103406 of 2025 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC No.1842/2024 dated 16.05.2025 by the IX-Additional District and Sessions Judge and Member Additional M.A.C.T., Belagavi, (for short “the Tribunal”), the claimant is before this Court seeking enhancement of the compensation. 2. The Tribunal has awarded the compensation as per the table given below: Sl. No. Head Amount 1. Towards Pain and agony : Rs. 20,000/- 2 Towards inpatient charges : Rs. 8,000/- 3 Towards medical and hospital expenses : Rs. 35,571/- 4 Towards food and nourishment : Rs. 5,000/- 5 Towards loss of income due to disability : Rs. 1,71,990/- 6 Loss of income during laid up period : Rs. 31,500/- Total : Rs. 2,72,061/- - 3 - HC-KAR NC: 2026:KHC-D:1734 MFA No. 103406 of 2025 3. Learned counsel appearing for the appellant/claimant submits that as per the evidence of the doctor, the claimant has suffered 30% disability to the limb. The Tribunal ought to have taken the disability as 10% but had taken it as 7%. It is submitted that even under the other heads also, the amount of compensation awarded by the Tribunal is not just unreasonable and prays to enhance the compensation amount. 4. It is submitted by the learned counsel for the respondent No.2/Insurance Company that the Tribunal has granted reasonable amount of compensation and there are no grounds to interfere with the award passed by the Tribunal. Hence, prays for dismissal of the appeal. 5. Having heard the learned counsels on either side, perused the material on record. 6. The appellant/claimant had sustained one fracture and hence, this Court is granting an amount of Rs.40,000/- towards pain and sufferings. The amount of compensation awarded by the Tribunal under the head of inpatient charges, medical expenses, food and nourishment is just and reasonable - 4 - HC-KAR NC: 2026:KHC-D:1734 MFA No. 103406 of 2025 and there is no ground to interfere with the award passed by the Tribunal. 7. As the accident had occurred in the year 2024, the monthly income of Rs.15,750/- taken by the Tribunal is correct as per the chart prepared by the Karnataka Legal Services Authority. Coming to the loss of income due to disability, when the doctor has deposed 30% disability to the limb, the Tribunal ought to have taken the disability as 10%, but without any basis, had taken it as 7% and hence, this Court is inclined to take the disability as 10%. After taking the disability as 10% the claimant is entitled for an amount of Rs.2,45,700/- [Rs.15,750 x 12 (months) x 13 (multiplier) x 10% (disability)] towards loss of income due to disability. 8. Coming to the loss of income during the laid up period, this Court is inclined to grant Rs.47,250/- (Rs.15,750 x 3 months). Considering the fracture injury sustained by the claimant this Court is granting Rs.20,000/- towards loss of amenities. 9. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND - 5 - HC-KAR NC: 2026:KHC-D:1734 MFA No. 103406 of 2025 ANOTHER1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 10. Altogether, the claimant is entitled for an amount of Rs.4,11,521/- as against Rs.2,72,061/- awarded by the Tribunal. 11. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Head Amount awarded by the Tribunal Amount awarded by this Court. 1. Towards Pain and agony : Rs. 20,000/- 40,000/- 2 Towards inpatient charges : Rs. 8,000/- 8,000/- 3 Towards medical and hospital expenses : Rs. 35,571/- 35,571/- 4 Towards food and nourishment : Rs. 5,000/- 5,000/- 5 Towards loss of income due to disability : Rs. 1,71,990/- 2,45,700/- 6 Loss of income during laid up period : Rs. 31,500/- 47,250/- 7. Towards legal expenses : Rs. 00/- 10,000/- 8. Loss of amenities : Rs. 00/- 20,000/- Total : Rs. 2,72,061/- 4,11,521/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2026:KHC-D:1734 MFA No. 103406 of 2025 i. Accordingly, the Appeal is partly allowed by enhancing the compensation from an amount of Rs.2,72,061/- to Rs.4,11,521/-. ii. The enhanced amount shall carry interest at 6% p.a. from the date of petition till the date of realization. iii. The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv. Registry is directed to send certified copy of the order passed by this Court forthwith without any delay. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN, CT: UMD List No.: 1 Sl No.: 28