Karnataka High Court
Ramesh Dundappa Bastawad vs Nirupadi Patreppa Benni on 10 October, 2025
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NC: 2025:KHC-D:13715
MFA No. 103262 of 2014
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 10TH DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 103262 OF 2014 (MV-I)
BETWEEN:
RAMESH DUNDAPPA BASTAWAD,
AGE: 39 YEARS,
OCC: NOW NIL,
R/O: VIJAYANAGAR,
TQ: CHIKODI.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
1. SRI. NIRUPADI PATREPPA BENNI,
GIRIJA A. AGE: MAJOR,
BYAHATTI OCC: BUSINESS,
Digitally signed by
GIRIJA A. BYAHATTI
R/O: 1066, MAMADAPUR,
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
TQ: GOKAK.
DHARWAD
2. THE MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD.,
ANIL DHIRUBHAI AMBANI GROUP,
MAHADEV PLAZA, CTS NO.10719,
SY. NO.1357/A, NEAR KOLHAPUR CIRCLE,
NEHRU NAGAR, BELAGAVI-18.
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MFA No. 103262 of 2014
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3. MR. BANAPPA RAMAPPA HIREKODI,
AGE: MAJOR,
OCC: AGRICULTURE,
R/O: NIDAGUNDI,
TQ: RAIBAG.
4. THE DIVISIONAL MANAGER,
THE NATIONAL INSURANCE CO. LTD.,
THROUGH ITS DIVISIONAL OFFICE,
RAMADEO GALLI,
BELGAUM.
...RESPONDENTS
(BY SRI. G.N. RAICHUR, ADVOCATE FOR R2;
MISS. ANUSHA FOR
SRI. S.K. KAYAKAMATH, ADVOCATES FOR R4)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT PRAYING TO MODIFY THE JUDGMENT &
AWARD PASSED IN M.V.C. NO.2531/2010 ON THE FILE OF THE
III ADDITIONAL SENIOR CIVIL JUDGE & MOTOR ACCIDENT
CLAIMS TRIBUNAL, BELGAUM DATED 06.06.2014 IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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MFA No. 103262 of 2014
HC-KAR
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard Sri.Harish S.Maigur learned counsel for the
appellant who appears before this Court physically. Heard
Sri.G.N.Raichur learned counsel for respondent No.2 who
appears through video conference. Also heard Miss.Anusha
who appears through video conference and represents
Sri.S.K.Kayakmath learned counsel on record for respondent
No.4.
2. The claimant in MVC No.2531/2010 which stood
pending before the Motor Accident Claims Tribunal, Belgaum
(hereinafter referred to as 'the tribunal' for brevity) and was
disposed of through order dated 06.06.2014 is before this
Court by filing an appeal seeking enhancement.
3. Arguing the matter learned counsel for the
appellant submits that the appellant sustained a grievous
injury to the head apart from three other simple injuries. He
spent 7 days at hospital taking treatment as inpatient. He
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produced the evidence of PW-2 to establish the aspect of
disability. PW-2 deposed that the disability is 20% in respect
of malunited fracture of right parietal bone. However the
tribunal took disability in respect of whole body as 6%
unjustifiably. Learned counsel states that the compensation
that is granted by the tribunal under all other heads is also on
lower side. Learned counsel thereby seeks for enhancement in
compensation.
4. Learned counsel for respondent No.2 and learned
counsel who represents respondent No.4 on the other hand
contend that the compensation that is granted by the tribunal
is just and reasonable.
5. It is not in dispute that the appellant sustained
fracture of occipital bone. PW-2 deposed that he found the
fracture malunited, the speech irrelevant and memory
disturbed. Having considered the nature of injuries sustained,
this Court is of the view that the appellant would have taken
bed rest at least for a period of 4 months. However the
tribunal awarded a sum of Rs.4,500/- only towards loss of
income during laid up period. Likewise a sum of Rs.10,000/-
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HC-KAR
granted towards pain and suffering, Rs.5,000/- towards loss of
amenities in life and Rs.10,000/- for conveyance, attendant
charges, special diet and nourishment are on lower side.
Considering the totality of evidence produced, this Court is of
the view that the compensation that is granted by the tribunal
is required to be enhanced by Rs.75,000/- which includes the
compensation which the appellant is entitled to receive
towards pain and suffering, loss of income during laid up
period, loss of amenities in life, conveyance, attendant
charges, special diet and nourishment. The compensation thus
granted will become justifiable in the light of the injuries
sustained by the appellant and the disability with which he is
left with. Therefore the appeal is disposed of with the
following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by the Motor
Accident Claims Tribunal, Belgaum through
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orders in MVC No.2531/2010 dated 06.06.2014
is enhanced by Rs.75,000/-.
(iii) The enhanced sum shall carry interest at the
rate of 6% per annum from the date of petition
till the date of deposit.
(iv) The liability fixed upon the respondents applies
to enhanced sum as well.
(v) Respondents No.2 and 4 are directed to deposit
their respective shares along with interest
within a period of 8 weeks from the date of
receipt of certified copy of this judgment.
(vi) On such deposit, the appellant is permitted to
withdraw the entire amount.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
RH
CT-MCK
