Karnataka High Court
Shri. Ningappa S/O Rudrappa Pujeri vs Sri. Umesh S/O Mahadevappa Klannavar on 11 November, 2025
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NC: 2025:KHC-D:15372
MFA No. 100687 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 11TH DAY OF NOVEMBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 100687 OF 2024 (MV-I)
BETWEEN:
SHRI NINGAPPA S/O. RUDRAPPA PUJERI,
AGE: 32 YEARS, OCC: MASON WORK (NOW NIL),
R/O. UDIKERI, TQ: BAILHONGAL,
DIST: BELAGAVI-591104.
...APPELLANT
(BY SRI. VIJAYKUMAR K. KOTIN, ADVOCATE)
AND:
1. SRI. UMESH S/O. MAHADEVAPPA KLANNAVAR,
AGE: 42 YEARS, OCC: BUSINESS,
R/O. JANATA PLOT,
AP AND PO: KARIMANI,
TQ: SOUNDATTI,
DIST: BELAGAVI-591119.
GIRIJA A.
BYAHATTI (OWNER OF HERO MOTORS
Digitally signed by
CO TWO WHEELER NO.KA24/Y-1475)
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
DHARWAD
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LTD.,
"PRABHU BUILDING", RAMDEV GALLI,
BELAGAVI, AT: BELAGAVI,
TQ: AND DIST: BAILHONGAL-590001.
OWNER OF HERO MOTORS
CO. TWO WHEELER NO.KA-24/Y-1475)
...RESPONDENTS
(BY SRI. SURESH S. GUNDI, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH)
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NC: 2025:KHC-D:15372
MFA No. 100687 of 2024
HC-KAR
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO ENHANCE THE
COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD
PASSED IN M.V.C. NO.616/2021, ON THE FILE OF THE SENIOR
CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, BAILHONGAL DATED 02.11.2023 BY ALLOWING
THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND
EQUITY.
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.Vijaykumar Kottin, learned counsel for the
appellant as well as Sri.Suresh S. Gundi, learned
counsel for respondent No.2.
2. This appeal is the outcome of the award that is passed
by the Additional Motor Accident Claims Tribunal,
Bailhongal in MVC No.616/2021 dated 02.11.2023.
This is a claimant's appeal.
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HC-KAR
3. Arguing the matter, learned counsel for the appellant
states that the appellant sustained two grievous
injuries in a road traffic accident and took extensive
treatment. He was bedridden for a long period.
However, the Tribunal did not award justifiable sum as
compensation. Therefore, the present appeal is filed.
Learned counsel thereby seeks for enhancement in
compensation.
4. On the other hand, the submission that is made by
learned counsel for respondent No.2 is that, the
Tribunal having considered totality of evidence
produced, awarded justifiable sum as compensation
and therefore the award needs no interference.
5. It is not in dispute that the appellant sustained
fracture of scaphoid and fracture of superior pubic
rami which are grievous in nature. The Tribunal having
considered the evidence of PW2, Exhibits P5 to P10,
P13 and P14 came to a conclusion that the appellant is
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HC-KAR
entitled to a sum of Rs.5,82,552/- as compensation
divided under following heads:
1 Pain and suffering Rs.40,000
2 Medical expenses Rs.21,352
3 Towards diet food nourishment, Rs.2,500
attendant and conveyance
charges
4 Towards loss of future earning Rs.4,61,700
capacity due to permanent
disability
5 Loss of income during laid up Rs.28,500
period
6 Towards loss of amenities and Rs.28,500
enjoyment in life
Total Rs.5,82,552/-
6. Though learned counsel for the appellant states that
the disability assessed by the tribunal is on lower side,
but this Court does not find any grounds to interfere
with in that regard as the tribunal gave valid
reasoning for assessing the percentage of disability
which is permanent in nature and giving a finding that
the appellant is entitled a sum of Rs.4,61,700/-
towards 'loss of future earnings'. However the
compensation granted towards 'pain and suffering',
towards 'food, nourishment, attendant and
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HC-KAR
conveyance charges' and also 'loss of income during
laid up period' are on lower side. Hence this Court is of
the view that in case the sum awarded as
compensation is enhanced by Rs.40,000/-, the total
amount which the appellant would receive 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,
Bailhongal, through orders in MVC 616 of
2021 dated 02.11.2023 is enhanced by
Rs.40,000/-.
(iii) The enhanced sum shall carry interest at
the rate of 6% per annum from the date of
petition till the date of deposit.
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HC-KAR
(iv) Respondent No.2 is directed to deposit the
enhanced sum within a period of 8 weeks
from the date of receipt of certified copy of
this judgment.
(v) On such deposit, the appellant is permitted
to withdraw the entire amount.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
gab/EM
CT-MCK
