Karnataka High Court
Sharanappa S/O Kalappa Hosalli vs Khasimsab S/O Hussainsab on 16 October, 2025
-1-
NC: 2025:KHC-D:13972
MFA No. 104071 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
AT DHARWAD
DATED THIS THE 16TH DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.104071 OF 2022 (MV-I)
BETWEEN:
SHARANAPPA
S/O. KALLAPPA HOSALLI @ JAVOOR,
AGE ABOUT 56 YEARS,
OCC: PRIVATE WORK,
R/O. HOSALLI - 583234,
TA: KOPPAL, DIST: KOPPAL.
...APPELLANT
(BY SRI. M.M. PATIL, ADVOCATE)
GIRIJA A.
BYAHATTI
AND:
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
DHARWAD
1. KHASIMSAB
S/O. HUSSAINSAB JAVOOR HAVALDAR,
AGE: ABOUT 29, OCC: DRIVER,
R/O. NEAR GOVERNMENT SCHOOL,
THINTHANI-585290,
TA: SURPUR, DIST: YADAGIRI.
2. VISHWANATH
S/O. BASAVARAJ SHAHAPUR,
AGE: ABOUT 34,
-2-
NC: 2025:KHC-D:13972
MFA No. 104071 of 2022
HC-KAR
OCC: OWNER OF OFFENDING VEHICLE,
R/O. NEAR GOVERNMENT SCHOOL,
VAJJAL - 585215,
TQ: SURPUR,
DIST: YADAGIRI.
3. RELIANCE GENERAL INSURANCE COMPANY LTD.,
3RD FLOOR, ACN PLAZA,
TIMAPURI CIRCLE, MAIN ROAD,
KALABURGI (GULBARGA)-585101,
TA & DIST: KALABURGI (GULBARGA),
BY MANAGER
POLICY NO: 6103542334000500
POLICY PERIOD DT: 17-10-2014 TO 16-10-2015.
...RESPONDENTS
(BY SRI SUBHASH J. BADDI, ADVOCATE FOR R3;
NOTICE TO R1 IS SERVED;
NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT PRAYING TO ALLOW THIS APPEAL AND ENHANCE
THE COMPENSATION AND SET ASIDE THE JUDGMENT AND
AWARD PASSED IN M.V.C. NO.244/2016 VIDE ORDER DATED
18.02.2022 PASSED BY THE SENIOR CIVIL JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOPPAL AT
KOPPAL, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-3-
NC: 2025:KHC-D:13972
MFA No. 104071 of 2022
HC-KAR
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri M. M. Patil learned counsel for the appellant as well as Sri Subash J. Baddi learned counsel for respondent No.3.
2. Being aggrieved by the sum that is awarded as compensation by the Additional Motor Accident Claims Tribunal, Koppal, through orders in MVC 244 of 2016 dated 18.02.2022, the claimant therein preferred the present appeal.
3. When learned counsel for the appellant states that the compensation that is granted by the tribunal is grossly low and therefore the same requires enhancement, learned counsel for respondent No.3 submits that the tribunal considering the evidence produced, granted justifiable sum as compensation and therefore the award needs no interference.
4. It is not in dispute that the appellants sustained fracture of temporal bone and fracture of femur which are -4- NC: 2025:KHC-D:13972 MFA No. 104071 of 2022 HC-KAR grievous in nature apart from one another simple injury. When the order of the tribunal is gone through, this Court finds that the tribunal having discussed the merits of the case at length, came to a conclusion that the appellant is entitled to a sum of Rs.2,78,261/- towards medical expenses, Rs.40,000/- towards pain and suffering, Rs.3,29,396/- towards loss of income during treatment period, Rs.5,000/- towards conveyance charges, Rs.8,000/- towards food, nourishment and attendant charges and Rs.50,000/- towards future medical expenses. The total sum that is awarded as compensation is Rs.7,10,657/-.
5. The compensation thus granted cannot be termed to be totally unreasonable as projected by learned counsel for the appellant. However considering the fact that the appellant sustained two grievous injuries and one simple injury and took extensive treatment, this Court is of the view that the compensation granted under the heads 'pain and suffering', 'conveyance charges', towards 'food, nourishment and attendant charges' requires marginal enhancement. Also as -5- NC: 2025:KHC-D:13972 MFA No. 104071 of 2022 HC-KAR rightly contented no compensation is awarded towards loss of amenities in life. Hence this Court is of the view that globally the compensation granted is required to be enhanced by Rs.50,000/-, so that the total sum which the appellant receives will be justifiable. Hence the appeal is disposed of with the following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Koppal, through orders in MVC 244 of 2016 dated 18.02.2022 is enhanced by Rs.50,000/-.
(iii) Respondent No.3 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment.
(iv) On deposit, the appellant is permitted to withdraw the entire amount.
Sd/-
(CHILLAKUR SUMALATHA) JUDGE EM List No.: 1 Sl No.: 3