IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 19^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. JOSHI MISCL. FIRST APPEAL NO.203780/2023(MV-I)

BETWEEN:

MOHAMMED ASIF S/O MADARSAB GUNDBOUDI, AGE: 41 YEARS, OCC: CENTERING WORK, R/O AYYAPPA SWAMI NAGAR, TAKKE ROAD, VIJAYAPURA. …APPELLANT (BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)

AND:

1. SHASHIKANT S/O NAGAPPA CHANDAKAVATHE, AGE: 43 YEARS, OCC: BUSINESS, R/O MASALI (B.K.), TAMBA, TQ. INDI, DIST. VIJAYAPURA-586 125.

2. THE MANAGER, LEGAL-CLAIM, UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD., PPC, PLOT NO. EL-94, 1^ST FLOOR, TTC INDUSTRIAL AREA, MIDC MAHAPE, NEW MUMBAI-400 059.

…RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI, ADV., FOR R2;

R1 - V/O. DTD. 15.11.2023 NOTICE DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO A) MODIFY THE JUDGEMENT AND AWARD DATED 28.07.2022 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND MACT-VII AT VIJAYAPURA IN MVC NO.514/2020 BY ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR, ETC.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE C.M. JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C.M. JOSHI)

1. This appeal is by the petitioner-claimant against the judgment and award dated 28.07.2022 passed in MVC No.514/2020 by the II Additional Senior Civil Judge and MACT VII, at Vijayapura (for short ‘the Tribunal’), seeking enhancement of the compensation.

2. Though the matter is slated for admission, with the consent of both the parties, it is taken up for final disposal. 3. Heard learned counsel appearing for the appellant-

petitioner and learned counsel appearing for respondent No.2-

Insurance Company.

4. The factual matrix of the case is that the appellant, who was petitioner in MVC No.514/2020, was riding the motorcycle on 20.05.2020 towards Athani Bypass Road at Vijayapura and the petitioner in MVC No.513/2020 was pillion rider. At that time a car bearing Reg.No.KA-05/AK-2975 owned by respondent No.1 insured by respondent No.2 came in rash and negligent manner and collided with motorcycle of the petitioner, resulting in the petitioner sustaining injuries, namely; fracture of right femur, fracture of right bimalleolar, and 4^th and 5th metatarsal of right foot. He took treatment at Sparsh Hospital at Vijayapur and he petitioner was inpatient from 20.05.2020 to 02.06.2020. He was treated by PW3 and during treatment, he underwent CRIF and IMIL nailing to right femur, ORIF plate for right femur and K-wire fixation for fracture of metatarsal. The PW3 assessed the disability and opined that there is 35% disability to the limb. Therefore, he claimed adequate compensation from the Insurance Company and the Tribunal has awarded a compensation of Rs.5,86,559/-

under following heads:

Sl. No.	Different heads	Compensation (in Rs.)
1	Pain & sufferings	60,000-00
2	Medical expenses	1,85,559-00
3	Loss of earning during laid up period	13,750-00
4	Loss of future earning on account of permanent disability	2,72,250-00
5	Loss of amenities and future un-happiness	25,000-00
6	Attendant, diet, conveyance and other charges	30,000-00
	Total	5,86,559-00

Being aggrieved by the same, the petitioner is before this Court.

5. The Insurance Company had opposed it on various grounds including that the compensation claimed by the appellant is exorbitant, imaginary and untenable and there was violation of the terms and conditions of the policy. None of these contentions could be established before the Tribunal and as such, the Tribunal has awarded the above compensation.

6. Learned counsel appearing for the appellant submits that the compensation awarded by the Tribunal under few of the heads is inadequate. He contends that the Tribunal failed to notice that the petitioner was working in centering and construction of the building work, he was aged 38 years and therefore, the fracture of the right femur and right bimalleo

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