- 1 - HC-KAR NC: 2025:KHC:20741 MFA No. 2195 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 2195 OF 2017 (MV-I) BETWEEN: NARASIMHAMURTHY S/O LATE NARAYANASHETTY, AGED ABOUT 59 YEARS, R/AT REKHA NILAYA, CHAMUNDESHWARI TEMPLE ROAD, BANNUR ROAD, MANDYA CITY, MANDYA DISTRICT - 571 401. …APPELLANT (BY SRI. CHANDRASHEKARA K A., ADVOCATE) AND: 1. NINGARAJU B S S/O SHIVALINGEGOWDA, MAJOR IN AGE R/AT BOOTHANAHOSURU VILLAGE, MANDYA TALUK-571401. 2. THE BRANCH MANAGER THE NEW INDIA ASSURANCE COMPANY LIMITED, 2ND CROSS, ASHOKA NAGAR, MANDYA CITY - 571 401. (POLICY ISSUING OFFICE NO. 2951, 2ND FLOOR, JLB, CHAMUNDIPURAM, MYSORE - 570 004) (REPRESENTED BY ITS MANAGER) …RESPONDENTS (BY SRI C R RAVISHANKAR, ADVOCATE, FOR R2, R1 - DISPENSED WITH V/C/O DATED 19.11.2019) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20741 MFA No. 2195 of 2017 MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.11.2016 PASSED IN MVC NO.694/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE & CJM, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT The above is filed by the appellant/claimant seeking for enhancement of compensation being aggrieved by the inadequacy of the compensation awarded in the impugned judgment and award dated 10.11.2016 in MVC No.694/2013 passed by the learned I Addl. Senior Civil Judge & CJM, Mandya.1 2. Heard the submissions of Sri Chandrashekara K A, learned counsel for the appellant and Sri C R Ravishankar, learned counsel for the respondent No.2. 3. Perused the records of the Tribunal. 4. It is forthcoming that the claimant, who is a Senior Veterinary Inspector employed by the State Government, has sustained, swelling deformity, abrasion with tenderness over 1 Hereinafter referred to as `Tribunal' - 3 - HC-KAR NC: 2025:KHC:20741 MFA No. 2195 of 2017 left side occipital region and abrasion over chin. The prescription (Ex.P8) and medical bills (Ex.P9) have been noticed by the Tribunal. It is recorded that the total medical bill is Rs.7,792/-. The Tribunal has further noticed the out patient record (Ex.P11) and accident register extract (Ex.P12). 5. It is forthcoming that the claimant was treated as outpatient and no doctor has been examined. The Tribunal has awarded a global compensation of Rs.25,000/- with interest at 9% p.a., and held that the respondent No.2 - Insurer is liable to pay t he compensation awarded. 6. On re-appreciation of the material available on record, it is appropriate that the above appeal is partly allowed by awarding further a sum of Rs.5,000/- in addition to the compensation awarded by the Tribunal. The impugned judgment and award in all other respects shall be unaltered. The respondent No.2 - Insurer shall pay the enhanced amount together with interest within six weeks from today. Sd/- (C.M. POONACHA) JUDGE BKM List No.: 1 Sl No.: 105