Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:41654 MFA No. 2603 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.2603 OF 2023(MV-I)
BETWEEN:
SRI. LAL AHMED KAREEMULLAH S/O SRI. KADHERBASHALAL AHMED AGED ABOUT 74 YEARS, R/AT M K BUILDING, PIPELINE ROAD, NEAR KARIMARAMMA TEMPLE, T DASARAHALLI BENGALURU NORTH KARNATAKA – 560 057
…APPELLANT (BY SRI. AJMAL KHAN., ADVOCATE)
AND:
1.
SRI. SANTHOSHA K S S/O SRI. SHANKRAPPA AGED IN MAJOR, R/AT NO.173, KOLAGUNDA PATELARA THOTA KOLAGUNDA BELUR TALUK HASSAN - 573 125
2.
THE NATIONAL INSURANCE CO. LTD, REGIONAL OFFICE, NO.144 SHUBHARAM COMPLEX, M.G. ROAD, BENGALURU - 560 001 REPRESENTED BY ITS MANAGER
…RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2;
Digitally Signed by REKHA R Location : High Court of Karnataka
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HC-KAR NC: 2025:KHC:41654 MFA No. 2603 of 2023
VIDE ORDER DATED 22.08.2025, NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO a) MODIFIED THE JUDGMENT AND AWARD PASSED BY THE XIV ADDITIONAL SMALL CAUSES JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, SCCH-10, IN MVC NO.3824/2021 DATED 03.01.2023 BY AWARDING THE ENTIRE COMPENSATION AMOUNT CLAIMED BY THE APPELLANT IN THE CLAIM PETITION; b) PASS ANY OTHER ORDER/S AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING THE COSTS OF THE COSTS OF THE PROCEEDINGS.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
This appeal is filed by appellant-claimant seeking enhancement of compensation arising out of the judgment and award dated 03.01.2023 in MVC.No.3824/2021 passed by the XIV Additional Small Causes Judge and Motor Accident Claims Tribunal Bengaluru (SCCH-10).
2. The date of accident, involvement of vehicle, injuries sustained by the claimant and the liability to pay the compensation are not in dispute. The only dispute is with regard to quantum of compensation.
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HC-KAR NC: 2025:KHC:41654 MFA No. 2603 of 2023
3. Heard Sri.Ajmal Khan,
learned counsel appearing for the appellant and Sri.Ravish Benni, learned counsel appearing for respondent No.2 - Insurance Company. Vide order dated 22.08.2025 notice of this appeal on respondent No.1 was dispensed with.
4. Both the learned counsel for the parties in unison submits that in view of the injuries sustained resulting in crush injury to the left foot, as per Exhibit-P3 and considering the age of the appellant as 72 years as on the date of the accident, a global compensation of Rs.25,000/- if awarded, would meet ends justice.
5. Having considered the submissions of both the
learned counsel appearing for the parties, considering the injuries suffered and the compensation awarded, without deliberating on all the issues, this Court is of the opinion that the submission made finds merit. Accordingly, the appeal is allowed in part, enhancing compensation by a
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HC-KAR NC: 2025:KHC:41654 MFA No. 2603 of 2023
sum of Rs.25,000/-, which shall carry interest at the rate of 6% per annum from the date of petition till realization.
6. The respondent No.2 - Insurance Company shall deposit the entire enhanced compensation awarded in this appeal, along with accrued interest before the concerned Tribunal, within a period of six weeks from the date of receipt of copy of this order.
7. On deposit, the entire amount shall be released in favour of the appellant / claimant, on proper identification.
Sd/- (T.M.NADAF) JUDGE
TIN List No.: 1 Sl No.: 19