- 1 - HC-KAR NC: 2025:KHC:38693 MFA No. 3149 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3149 OF 2023 (MV-I) BETWEEN: SHYAM KISHORE GOALA S/O DHARMARAJ GOALA AGED ABOUT 28 YEARS, NATIVE OF VG. HATIKURI GRANT PS-LAKHIPUR SUB DIVN. LAKHIPUR DIST.-CACHAR, ASSAN, PRESENTLY R/AT NO.29, 3RD CROSS, VENKATA REDDY LAYOUT, 6TH BLOCK, KORMANGALA BENGALURU- 560 095. …APPELLANT (BY SRI. P SURESH., ADVOCATE) AND: 1. SHRIRAM GENERAL INS. CO. LTD., NO.5, 2NF FLOOR, MONARCH CHAMBERS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38693 MFA No. 3149 of 2023 INFANTRY ROAD, BENGALURU-560001. (REPT. BY ITS IN-CHARGE, MANAGER) 2. K.N. SATISH MAJOR IN AGE R/AT NO.25/1, BABU REDDY BUILDING BASAPURA VG. ATTIBELE ELECTRONIC CITY POST BENGALURU-560010. …RESPONDENTS (BY SRI. B C SHIVANNE GOWDA.,ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DT.02.06.2022 PASSED IN MVC NO.2537/2017 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, MACT, BENGALURU, (SCCH-13), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38693 MFA No. 3149 of 2023 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.2537/2017 dated 02.06.2022 by the Motor Accident Claims Tribunal, Bengaluru whereby the Tribunal had granted global compensation of an amount of Rs.50,000/-, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed under Section 166 of Motor Vehicles Act, seeking compensation of an amount of Rs.6,00,000/- for the injuries sustained by the claimant in the road traffic accident. 3. The brief facts of the case are that on 07.04.2017 at about 1.10 p.m. the claimant was proceeding on a bicycle form Kumabaranahalli Village, Chandrakanth Layout, Anekal-B.G Road, Jigani, Anekal, Bengaluru slowly and cautiously, the driver of the Eicher Vehicle drove the same in a high speed in rash and negligent manner, dashed against the claimant's bicycle. Due to the impact, the claimant fell down and sustained grievous injuries all over the body. He was - 4 - HC-KAR NC: 2025:KHC:38693 MFA No. 3149 of 2023 immediately taken to Suhas General and Charitable Hospital, Jigani, wherein he had taken first aid treatment and then shifted to ESIC Medical College and Hospital, Rajajinagar, Bengaluru wherein he took treatment as an inpatient and underwent surgery. 4. Learned counsel appearing for the claimant submits that as per the evidence of the doctor, he had sustained the disability of 7%. This aspect was not considered by the Tribunal. It is submitted that the Tribunal ought to have considered the disability basing on the income and ought to have granted reasonable compensation. 5. Learned counsel appearing for the respondent/Insurance Company submits that considering the fact that he is having ESI Card and he had availed the benefit of ESI Card, the Tribunal had rightly granted global compensation. In fact the writ petition is not maintainable and the Tribunal had granted global compensation of an amount of Rs.50,000/- and there are no grounds to interfere. - 5 - HC-KAR NC: 2025:KHC:38693 MFA No. 3149 of 2023 6. Having heard learned counsels on either side, perused the materials on record. This Court finds force in the argument of the learned counsel appearing for the Insurance Company. However, considering the disability sustained by the claimant, this Court deems it appropriate to enhance the global compensation from an amount of Rs.50,000/- to Rs.80,000/-. 7. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the global compensation from an amount of Rs.50,000/- to Rs.80,000/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iii) On *23.09.2025, the delay of 220 days is condoned by this Court, on the condition that the claimant will not be entitled for the interest, in case of enhancement. Hence, Insurance company is not liable to pay the interest for the delay period. * Corrected vide chamber order dated: 04/12/2025. - 6 - HC-KAR NC: 2025:KHC:38693 MFA No. 3149 of 2023 iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 5