IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 30T H DAY OF MAY 2018 BEFORE THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR MISCELLANEOUS FIRST APPEAL NO.102811/2017 (MV) BETWEEN: SHRI SHIVAPUTRAPPA S/O BASAPPA SHIVAKKANAVAR AGE: 51 YEARS, OCC: MOTOR WINDING & AGRICULTURE, R/O: ALADAKATTI VILLAGE, TQ: RANEBENNUR-581115, DIST: HAVERI. ... APPELLANT. (BY SRI MADANMOHAN M KHANNUR, ADVOCATE.) AND: 1. SURESH S/O HANAMANTAPPA KATAGERI AGE: MAJOR, OCC: BUSINESS, R/O: AGADI, TQ & DIST: HAVERI-581115. 2. THE MANAGER LEGAL ICICI LOMBARD GENERAL INSURANCE CO. LTD., 2N D FLOOR, BELLAD & COMPANY LTD,. GOKUL ROAD, HUBBALLI-580030. 3. MANAGER, M/S.BELLAD ENGINEERS PVT. LTD., DISTRIBUTORS FOR TATA MOTORS COMMERCIAL VEHICLE DEALER, 2 BELLAD CHAMBERS III, UNKAL CROSS, HUBBALLI-5800026. 4. BASAVARAJ S/O.VEERAPPA GACHINAMANI AGE: 49 YEARS, OCC: BUSINESS & OWNER R/O. ANJANEYA TEMPLE, HALAGERI, TQ: & DIST: RANEBENNUR-581115. 5. MR.RANGANATHASA R. KATHARE H.NO.199, WARD NO.2, BLOCK NO.2, H.B.HALLI-583212, DIST: BELLARY. 6. DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., LEA COMPLEX, KESHWAPUR, HUBBALLI-580023. ... RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V.ACT, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 4.4.2017, IN MVC NO.294/2014, PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, RANEBENNUR AND TO AWARD THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION, ETC.,. THIS APPEAL COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT This appeal against the judgment and award dated 4.4.2017, in MVC No.294/2014, on the file of Addl. Senior Ciivil Judge and Addl. MACT, 3 Ranebennur, is presented belatedly. The tribunal while considering the case of the claimant has recorded as follows. “[i] Towards pain and suffering:- 74) The first medical record that is relied upon by the petitioner is wound certificate, which is marked at Ex.P-35 which reveals the nature of injuries sustained by him as follows; 1. Tenderness in the lower back area. Doctor has opined that, the said injuries (sic are) simple in nature. These injuries are further reflected in medical bills and in other documents. Considering the above aspect I am of the opinion that, PW.1 is entitled for reasonable compensation of Rs.5,000/- towards pain and suffering.” 2. The wound certificate issued by the doctor shows that the claimant has suffered tenderness in the lower back area. There are no 4 supporting medical documents to show the specific injury if any the claimant has suffered. 3. In the absence of any medical evidence, in my considered view, the quantum of compensation awarded by the tribunal does not call for any interference. The appeal being devoid of merits, no purpose would be served in condoning the delay in filing the appeal. Resultantly, I.A.No.1 of 2017 is dismissed. Consequently the appeal is also dismissed. No costs. Sd/- JUDGE Mrk/-