- 1 - HC-KAR NC: 2025:KHC:18471 MFA No. 6400 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 6400 OF 2014 (MV) BETWEEN: SMT. FARAHA ZEENATH AGED ABOUT 25 YEARS, W/O. KALIMULLA, R/AT MAANATH MANDIR, NEAR FISH MARKET, UCHILA, BADA VILLAGE, UDUPI TALUK AND DISTRICT. …APPELLANT (BY SRI RAJARAMA S., ADVOCATE) AND: 1. SRI EKANATH BOLAR AGED ABOUT 61 YEARS, S/O. LATE SEETHARAM RAO, R/AT JOISA COMPOUND, OPP. KAMATH PETROL BUNK, KOTESHWARA, KUNDAPURA - 576 201. 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., UDAYAVANI BUILDING, TILE FACTORY ROAD, MANIPAL, UDUPI TALUK AND DISTRICT. …RESPONDENTS (BY SRI A. RAVISHANKAR, ADVOCATE FOR R2) Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18471 MFA No. 6400 of 2014 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.06.2014 PASSED IN MVC NO.1047/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE UMESH M ADIGA ORAL JUDGMENT Heard learned counsel for the appellant. 2. This is claimant's appeal against judgment and award dated 11.06.2014 passed by the learned Additional Motor Accidents Claims Tribunal and Principal Senior Civil Judge, Udupi (hereinafter referred to as 'the Tribunal' for short) in MVC No.1047/2012, for enhancement of compensation. 3. For the sake of convenience, the parties are referred to as per their ranks before the Tribunal. 4. Brief facts of the case are that on 10.03.2012 at about 03.00 p.m. claimant was going as a pillion rider on the motorcycle bearing Reg.No.KA-20/Y-3433 from Kaup towards - 3 - HC-KAR NC: 2025:KHC:18471 MFA No. 6400 of 2014 Udupi; he met with an accident due to rash and negligent driving of a car bearing Reg.No.KA-22P/3690, by its driver. As a result of which, claimant sustained grievous injuries. With these reasons, he prayed to award compensation of Rs.3,40,000/-. 5. Respondent No.2/insurer before the Tribunal denied the contention of the claim petition and denied its liability to pay the compensation and prayed for dismissal of the claim petition. 6. From the rival contentions of the parties, the Tribunal had framed the necessary issues for its determination. 7. This claim petition was clubbed along with MVC No.1049/2012, and common evidence was recorded. 8. The claimant’s to prove their case examined 3 witnesses as PWs.1 to 3 and got marked 14 documents as Exs.P1 to P14. Respondents have not led any evidence. 9. The Tribunal after hearing both the parties and appreciating the pleading and evidence available on record, awarded the compensation of Rs.10,000/- with interest @ 8% p.a. from the date of petition till its realisation. - 4 - HC-KAR NC: 2025:KHC:18471 MFA No. 6400 of 2014 10. Being aggrieved by the same, claimant has preferred this appeal on the grounds mentioned in the appeal memo. 11. Learned counsel for the appellant vehemently contended that the amount of compensation awarded by the Tribunal is meagre. The Tribunal has not considered oral and documentary evidence produced by the claimant. Therefore, he prayed for enhancement of the compensation. 12. The Tribunal has accepted the contention of the parties that accident had taken place due to rash and negligent driving of offending vehicle by its driver and answered issue No.1 in the affirmative i.e., not challenged by either of the parties. 13. The Tribunal in the impugned judgment at paragraph No.14 considered the contention of the claimant as well as documents placed on record. Claimant had produced the medical bills of Rs.13,276/-, and in the cross-examination of PW-1, nothing was brought out to disbelieve the said documents. 14. It is true that there are no sufficient materials on record to prove that she had sustained any grievous injuries - 5 - HC-KAR NC: 2025:KHC:18471 MFA No. 6400 of 2014 that led to permanent disability. Considering the evidence on record, claimant is entitled for enhancement of compensation. Accordingly, the following: ORDER i. The appeal is allowed. ii. Claimant is entitled for enhancement of Rs.10,000/- in addition to whatever amount awarded by the Tribunal. iii. The claimant is also entitled for interest on the said amount from the date of petition till its realisation. iv. Respondent No.2 – insurance company shall deposit the said amount within a period of four weeks from the date of award. v. The enhanced amount of compensation is meagre. Therefore, entire amount is ordered to be released in favour of the claimant on due identification. Sd/- (UMESH M ADIGA) JUDGE AMA List No.: 1 Sl No.: 12