Sri Sanjeevappa S/O Nagappa Dasar Vs Prakash S/O Maruteppa Hattimattur

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NC: 2025:KHC-D:348 MFA No. 100717 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9^TH DAY OF JANUARY, 2025 BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.100717 OF 2024 (MV-I)

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BETWEEN:

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SRI SANJEEVAPPA S/O. NAGAPPA DASAR, AGE. 29 YEARS, OCC. AGRICULTURE AND MILK VENDING, R/O. KONANATAMBAGI VILLAGE, HAVERI, NOW RESIDING AT HAMSABHAVI VILLAGE, TQ. HIREKERUR, DIST. HAVERI-581111.

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…APPELLANT

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(BY SRI CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)

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AND:

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PRAKASH S/O. MARUTEPPA HATTIMATTUR, AGE. MAJOR, OCC. BUSINESS, R/O. HALEPETE ONI, BYADAGI, TQ. BYADGI, DIST. HAVERI-581106.

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(OWNER OF MAHINDRA MAXI CAB REG. NO.KA-19/6822)

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Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA

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THE LEGAL CLAIMS MANAGER, SRIRAM GENERAL INSURANCE CO. LTD., 1^ST FLOOR, V A KALBURGI HALLMARK, BEHIND INDUS IND BANK, DESAI CROSS, HUBBALLI-580029.

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…RESPONDENTS

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(BY SRI N.C. KOLLOORI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED)

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THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 16.05.2023 PASSED IN MVC NO.912/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HIREKERUR.

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THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2025:KHC-D:348 MFA No. 100717 of 2024

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CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

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Though this appeal is listed for orders, with the consent of learned counsel for the parties, it is taken up for final disposal.

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This appeal is filed by the claimant challenging the judgment and award dated 16.05.2023, passed by the Senior Civil Judge and MACT, Hirekerur, in MVC No.912/2019 (hereinafter referred to as the ‘Tribunal’), seeking enhancement of compensation.

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Heard the arguments and perused the material placed before the Court.

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The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case.

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In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injury.

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“Fracture of Femur Bone Middle 3^rd of Left Leg.”

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The Tribunal after considering the facts and circumstances and evidence on record, has awarded total compensation of Rs.4,59,045/- along with interest at the rate of 7% per annum from the date of petition till the date of realization, under the following heads:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Loss of future earning capacity.	3,33,902
2.	Pain and sufferings.	20,000
3.	Loss of amenities.	20,000
4.	Medical expenses.	75,143
5.	Food Nourishment & Attendant charges.	5,000
6.	Loss of income during laid up period (from 11-11-2018 to 19-11-2018).	5,000
	Total:	4,59,045

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The claimant is working as an agriculturist and milk

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vendor and earning Rs.20,000/- per month as on the date of accident. Considering the fact that the claimant was inpatient for a period of 9 days in the hospital, the compensation awarded by the Tribunal under the aforesaid heads is on lower side.

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Upon considering the injuries sustained and amount

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of compensation awarded by the Tribunal on aforesaid heads,

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NC: 2025:KHC-D:348 MFA No. 100717 of 2024

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which are on the lower side, the claimant is entitled to enhanced compensation on the correct parameters.

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Considering the nature of injuries sustained, the compensation of Rs.20,000/- awarded by the Tribunal under the head 'pain and suffering’ is on the lesser side. The same is enhanced to Rs.30,000/-.

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The compensation awarded under the heads of ‘Medical Expenses and loss of future earning or towards disability’ is as per the medical bills and records produced by the claimant and the same is kept intact.

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Considering the fact that the claimant was inpatient for a period of 9 days in the hospital, the compensation awarded by the Tribunal under the head ‘incidental expenses’ like attendant charges, food, nourishment of Rs.5,000/-. The same is enhanced to Rs.15,000/-.

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The compensation of Rs.20,000/- awarded by the Tribunal under the head 'Loss of Amenities' is on the lesser side. It is just and proper to award a sum of Rs.30,000/- under the said head.

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The compensation of Rs.5,000/- awarded by the Tribunal under the head 'Loss of income during laid up period’ is on the lesser side. It is just and proper to award a sum of Rs.35,250/- under the said head.

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Thus, the claimant is entitled for total compensation

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under various heads as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Loss of future earning capacity.	3,33,902
2.	Pain and sufferings.	30,000
3.	Loss of amenities.	30,000
4.	Medical expenses.	75,143
5.	Food Nourishment & Attendant charges.	15,000
6.	Loss of income during laid up period (from 11-11-2018 to 19-11-2018).	35,250
	Total:	5,19,295

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The Tribunal has awarded the compensation of Rs.4,59,045/-, but the appellant/claimant is entitled to total compensation of Rs.5,19,295/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.60,250/- (Rs.5,19,295/- - Rs.4,59,045/-) along with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal.

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NC: 2025:KHC-D:348 MFA No. 100717 of 2024

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16. Accordingly, I proceed to pass the following:

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ORDER

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i. The appeal is allowed in part .

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ii. The judgment and award dated 16.05.2023, passed by the Senior Civil Judge and MACT, Hirekerur, in MVC No.912/2019 is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.60,250/- along with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal.

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iii. The respondent/insurance company shall deposit the enhanced compensation amount along with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment.

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