- 1 - HC-KAR NC: 2025:KHC:22372 MFA No. 5220 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.5220 OF 2024(MV-I) BETWEEN: GO DIGITAL GENERAL INSURANCE COMPANY LTD ATLANTIS 95, 4TH B CROSS KORAMANGALA INDUSTRIAL LAYOUT 5TH BLOCK BANGALORE - 560 095 NOW REP BY THE MANAGER LEGAL CLAIMS DEPARTMENT GO DIGIT GENERAL INSURANCE CO. LTD., CONSULATE 1, 2ND FLOOR, RICHMOND ROAD (NEAR RICHMOND CIRCLE) SHANTHALA NAGAR, ASHOK NAGAR BENGALURU KARNATAKA -560 025 …APPELLANT (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) AND: 1. MOHAMMED ZAID KHAN S/O NIDAKHAN M S NOW AGED ABOUT 9 YEARS SINCE MINOR REPRESENTED BY ITS GUARDIAN AND FATHER NIDAKHAN M S Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22372 MFA No. 5220 of 2024 R/AT D.NO.53, P AND T LAYUT 2ND STAGE, 2ND PHASE RAJIVENAGARA, UDAYAGIRI MYSURU -570 019 2. BASHA SHOAIB S/O ZABIULLA AGED ABOUT 28 YEARS R/AT D.NO.416, 5TH CROSS 2ND STAGE, 2ND PHASE RAJIVENAGARA MYSURU -570 019 3. SYED YOUSOOF S/O S BABAJAN R/AT D NO. 580, 9TH CROSS RAJIVNAGARA MYSURU - 570 019 …RESPONDENTS (R1-SERVED; VIDE ORDER DATED 19.12.2024 NOTICE TO R2 AND R3 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.04.2024 PASSED IN MVC NO.880/2022 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MACT, MYSURU, AWARDING COMPENSATION OF RS.1,91,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:22372 MFA No. 5220 of 2024 ORAL JUDGMENT Heard Sri.B.C.Shivanne Gowda, learned counsel for the appellant. Though notice was served upon the guardian of respondent No.1, there is no representation on his side. 2. Disputing the validity and legality of the order that is rendered by the Motor Accident Claims Tribunal, Mysore, in MVC No.880/2022 dated 24.04.2024, the present appeal is filed. 3. Learned counsel for the appellant Sri.B.C.Shivanne Gowda submits that the injured who was aged about seven years by the date of accident sustained minor simple injuries only. No evidence whatsoever was produced before the Tribunal regarding the nature of injuries sustained or the alleged hospitalization and treatment. However, the Tribunal awarded huge sum of Rs.1,91,000/- as compensation. Aggrieved by the same, the present appeal is filed. Learned counsel also states that respondent No.1/claimant is entitled not more than Rs.50,000/- as compensation. - 4 - HC-KAR NC: 2025:KHC:22372 MFA No. 5220 of 2024 4. As per the material available on record respondent No.1/claimant was found with contused tenderness over left shoulder region and left hip region. He was also found with multiple small fresh tender superficial grazed abrasions over both hands. Also it is brought on record that respondent No.1/claimant took treatment as inpatient for four days only. Admittedly, respondent No.1/claimant did not choose to examine either the Doctor who treated him or any of the hospital authorities to explain about the nature of injuries sustained. The Tribunal through the impugned order awarded a sum of Rs.1,00,000/- under the head pain and suffering, Rs.50,000/- towards loss of amenities, happiness and frustration, Rs.1,000/- towards medical and hospital charges, Rs.40,000/- towards conveyance, attendant, food and nourishment charges. The Tribunal awarded a sum of Rs.1,91,000/- in total. 5. The accident admittedly occurred in the year 2022. Thus, as rightly contended by learned counsel for the appellant for the relevant period awarding a sum of Rs.1,00,000/- towards pain and suffering and Rs.50,000/- towards loss of amenities for the simple injuries sustained is exorbitant. Even - 5 - HC-KAR NC: 2025:KHC:22372 MFA No. 5220 of 2024 on higher side respondent No.1/claimant is entitled not more than Rs.1,00,000/- under all heads put together. Thus, the amount that is awarded in excess is Rs.91,000/-. Therefore, this Court considers desirable to allow the appeal to the extent reducing the compensation by Rs.91,000/-. 6. Thus, 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, Mysuru, through orders in MVC No.880/2022 dated 24.04.2024 is reduced from Rs.1,91,000/- to Rs.1,00,000/-. iii) The order of the Tribunal in all other aspects holds good. iv) The amount in deposit, if any, be transmitted to the concerned Tribunal immediately. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP List No.: 1 Sl No.: 49