- 1 - HC-KAR NC: 2026:KHC-D:136 MFA No. 102356 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.102356 OF 2024 (MV) BETWEEN: SHRI. RAMJAN S/O. SATTAR SHAIKH, AGE. 49 YEARS, OCC. RICKSHAW DRIVER, NOW NIL, R/O. BOLWAD VILLAGE, TALUKA MIRAJ, DISTRICT. SANGALLI, NOW RESIDING AT KHANJAR GALLI, BELAGAVI-590001. …APPELLANT (BY SRI. VIJAYKUMAR A.KOTIN, ADVOCATE) AND: 1. SHRI. SHAHANAWAJ S/O. GOUS TAMBOLI, AGE. MAJOR, OCC. BUSINESS, R/O. AT/POST. PLOT NO.8, MALGAON ROAD, SUBHASH NAGAR, URBAN COLONY, MIRAJ, TALUKA. MIRAJ, DISTRICT. SANGALI-416410, (OWNER OF TATA DUMPER BEARING REGISTRATION REG.NO.MH-10/CR-9474. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., HAVING ITS OFFICE AT MARUTI GALLI, BELAGAVI-590005, (INSURER OF VEHICLE NO.KA-49/M-3980 TATA DUMPER BEARING REGISTRATION Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:136 MFA No. 102356 of 2024 NO.MH-10/CR/9474 POLICY NO.1611063121P107364059 VALIDITY 23-10-2021 TO 22-10-2022. …RESPONDENTS (BY SMT. PREETI SHASHANK, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) 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 21.02.2024 PASSED IN M.V.C. NO.1988/2022 ON THE FILE OF THE VIII ADDITIONAL DISTRICT JUDGE AND IX ADDITIONAL MACT, BELAGAVI AT BELAGAVI, ALLOWING THIS APPEAL WITH COSTS. 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.1988/2022 dated 21.02.2024 by the VIII Addl. District Judge and IX Addl. MACT, Belagavi, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.25,00,000/- for the injuries sustained by the claimant in the road traffic accident. According to the claimant, the claimant is aged about 48 years, he is rickshaw driver and used to earn an amount of Rs.30,000/- p.m. As per the wound - 3 - HC-KAR NC: 2026:KHC-D:136 MFA No. 102356 of 2024 certificate he had sustained fracture of nasal bone and right knee joint and sustained other injuries. He has spent huge amounts for the treatment. Based on the oral and documentary evidence, the Tribunal has granted the compensation as per the table given below: Heads Compensation Awarded 1. Pain and Sufferings : Rs. 45,000/- 2. Medical Expenses : Rs. 8,000/- 3. Attendant, food and nourishment : Rs. 8,000/- 4. Loss of future income due to disability : Rs. 2,61,360/- 5. Conveyance : Rs. 5,000/- 6. Loss of amenities : Rs. 5,000/- TOTAL : Rs. 3,32,360/- 3. Learned counsel appearing for the claimant submits that when the claimant had sustained nasal fracture and also right knee joint, according to the doctor, the claimant had sustained disability to an extent of 50%, but the Tribunal has taken only 8%. It is submitted that the Tribunal has not granted any amount towards loss of income during the laid-up period and the amount awarded under the head of pain and suffering is not - 4 - HC-KAR NC: 2026:KHC-D:136 MFA No. 102356 of 2024 just and reasonable. It is further submitted that for the disability suffered by the appellant, the amount of Rs.5,000/- awarded under the head of loss of amenities is on the lower side and no amount is awarded under the head of future medical expenses. It is submitted that on all the counts, the compensation awarded is not just and reasonable. 4. Learned counsel appearing for the insurance company submits that the quantum of compensation awarded by the Tribunal is on the higher side and without there being any evidence, just because the claimant is a rickshaw driver, the Tribunal had taken the income of the claimant at Rs.22,500/- per month, which is on the higher side. As far as the disability is concerned, the Tribunal had rightly considered the evidence of the doctor and rightly granted the compensation under various heads, hence, no grounds are made out for enhancement of the compensation. 5. Having heard the learned counsels on either side, perused the entire material on record. The claimant had sustained one grievous injury and two simple injuries. Under the head of pain & suffering, this Court is granting a sum of - 5 - HC-KAR NC: 2026:KHC-D:136 MFA No. 102356 of 2024 Rs.50,000/-. Coming to the incidental expenses, considering that the claimant was hospitalized for a period of 17 days, this Court is granting a sum of Rs.17,000/-. Under the head of medical expenses, the Tribunal had rightly granted a sum of Rs.8,000/- and no interference is called for. Coming to the loss of future income due to disability, considering the evidence of the doctor that 25% is the disability to the lower limb and 1/3rd of it, has been taken and injury to the nasal bone will not amount to any disability, the Tribunal had rightly taken 8% disability and granted compensation, hence, this Court finds no reason to interfere with the same. Then coming to the loss of income during laid-up period, the Tribunal has not granted any compensation, hence, this Court is granting a sum of Rs.67,500/- (Rs.22,500 x 3). Towards loss of amenities, considering the disability of the claimant at 8%, this Court is granting a sum of Rs.30,000/-. Then coming to the future medical expenses, the Tribunal has not granted any amount, hence, this Court is granting an amount of Rs.20,000/-. 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi And - 6 - HC-KAR NC: 2026:KHC-D:136 MFA No. 102356 of 2024 Another1, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 7. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Sufferings : Rs. 45,000/- 50,000/- 2. Medical Expenses : Rs. 8,000/- 8,000/- 3. Attendant, food, nourishment, conveyance & other incidental expenses : Rs. 13,000/- (8000+5000) 17,000/- 4. Loss of income during the laid up period : Rs. 00/- 67,500/- 5. Loss of amenities : Rs. 5,000/- 30,000/- 6. Loss of future income due to disability : Rs. 2,61,360/- 2,61,360/- 7. Legal Expenses : Rs. 00/- 10,000/- 8. Future medical expenses : Rs. 00/- 20,000/- TOTAL : Rs. 3,32,360/- 4,63,860/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2026:KHC-D:136 MFA No. 102356 of 2024 8. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,32,360/- to Rs.4,63,860/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) 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. iii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI JTR CT: UMD List No.: 2 Sl No.: 26