Karnataka High Court
Fakirappa S/O Neelappa Pujar vs M/S Vsl Mining Company Pvt. Ltd on 9 October, 2025
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NC: 2025:KHC-D:13688
MFA No. 102520 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 9TH DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 102520/2022 (MV-I)
BETWEEN:
FAKIRAPPA S/O. NEELAPPA PUJAR,
AGE: 30 YEARS, R/O. HALLIKERI,
TQ: MUNDARGI, DIST: GADAG-58115.
...APPELLANT
(BY SRI. GIRISH S. HULMANI, ADVOCATE)
AND:
1. M/S. VSL MINING COMPANY PVT. LTD.,
NO.12, 1ST MAIN, 1ST CROSS,
NTI LAYOUT, DOLLORS COLONY,
BMV EXTENSION, 2ND STAGE,
BANGALORE-560094.
2. THE BRANCH MANAGER,
GIRIJA A. RELIANCE GENERAL INSURANCE COMPANY LTD.,
BYAHATTI V.A. KALBURGI SQUARE, DESHAPANDE NAGAR,
Digitally signed by
GIRIJA A. BYAHATTI
HUBLI-580029.
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
...RESPONDENTS
DHARWAD
(BY SRI. SUBHASH J. BADDI, ADVOCATE FOR R2;
R1-DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO CALL FOR RECORDS FROM
THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MACT
GADAG AND MODIFY THE JUDGMENT AND AWARD PASSED BY
LEARNED JUDGE IN M.V.C. NO.251/2013 DATED 01.02.2020
AND ENHANCE COMPENSATION AS PRAYED FOR IN THE CLAIM
PETITION; COST OF THE APPEAL AND ETC.
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NC: 2025:KHC-D:13688
MFA No. 102520 of 2022
HC-KAR
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
1. Heard Sri.Girish S. Hulmani, learned counsel for the appellant, as well as Sri.Subhash J. Baddi, learned counsel for respondent No.2. At request of both the learned counsel, the matter is taken up for final hearing and disposal.
2. Being aggrieved by the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Gadag, through orders in MVC No.251/2013 dated 01.02.2020, the claimant therein has filed the present appeal seeking enhancement.
3. While learned counsel for the appellant states that compensation granted is on lower side, learned counsel for respondent No.2 contends that the compensation granted is highly justifiable. -3-
NC: 2025:KHC-D:13688 MFA No. 102520 of 2022 HC-KAR
4. From all the evidence produced, the appellant succeeded in establishing that he sustained fracture of the left superior and inferior pubic bone and he took treatment conservatively.
5. The Tribunal, through the impugned order, held that the appellant is entitled to a sum of Rs.30,000/- towards pain and suffering, Rs.10,000/- towards loss of income during laid up period, Rs.800/- towards medical expenditure, Rs.58,000/- towards loss of future earnings, Rs.5,000/- towards diet and conveyance and Rs.30,000/- towards loss of amenities. The Tribunal granted a sum of Rs.1,33,800/- in total.
6. The Tribunal took the disability in respect of the whole body as 6%, which needs no interference. However, as per the version of the appellant, by working as a coolie, he was earning Rs.10,000/- per month. But the Tribunal took notional income as Rs.5,000/- per -4- NC: 2025:KHC-D:13688 MFA No. 102520 of 2022 HC-KAR month. The Tribunal awarded a sum of Rs.10,000/- only towards loss of income during the laid up period. However, this Court is of the view that the appellant would not have attended to his normal pursuits at least for a period of three months and, therefore, the sum awarded as compensation towards loss of income during the laid up period is on lower side.
7. The Tribunal failed to award any compensation towards attendant charges. Also, the sum awarded as compensation towards diet and conveyance, that is Rs.5,000/-, is on lower side.
8. Considering the totality of evidence produced, this Court is of the view that the compensation which the appellant receives will be justifiable in case the compensation granted is enhanced globally by Rs.50,000/-, which includes the interest also.
9. Therefore, the appeal is disposed of with the following order:
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NC: 2025:KHC-D:13688 MFA No. 102520 of 2022 HC-KAR ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Motor Accident Claims Tribunal, Gadag, through orders in MVC No.251/2013 dated 01.02.2020 is enhanced by Rs.50,000/-.
iii. Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of the certified copy of this judgment.
iv. On such deposit, the appellant is permitted to withdraw the entire amount.
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(CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 57