- 1 - HC-KAR NC: 2025:KHC:41655 MFA No. 8562 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.8562 OF 2023 (MV-I) BETWEEN: MR. RASOOL KHAN S/O JAHEER KHAN AGED ABOUT 19 YEARS VEHICLE CLEANER WORK R/O CHELUGUDDA CHITRADURGA - 57201 …APPELLANT (BY SRI. GURUDHATTA K., ADVOCATE) AND: 1. SMT. SAMSHAD D/O DASTHAGIR NO.140, 2ND FLOOR NER HYDERBAD AILOR SHOP CHELUGUDDA CHITRADURGA – 572 201 OWNER OF THE ASHOK LEYLAND DOSTHI MINI GOODS BEARING REG NO.KA-16 D-0613 2. THE BRANCH MANAGER ROYAL SUNDARAM GENERAL INSURANCE CO. LTD., SHIVAMOGGA - 577 201 3. SRI. C. RAMESH S/O LATE CHITTAPPA AGED 48 YEARS Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41655 MFA No. 8562 of 2023 NO.3180, 6TH DIVISION 2ND CROSS, GOPALAPURA ROAD CHITRADRUGA - 572 201 OWNER OF THE ASHOK LEYLAND LORRY BEARING REG NO.KA-16 C-4774 4. THE BRANCH MANAGER RELIANCE GENERAL INSURANCE CO. LTD., 1ST AND 2ND FLOOR MAGANURU BASAPPA COMPLEX B D ROAD CHITRADURGA – 572 201 …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI., ADVOCATE FOR R2; SRI. D. VIJAYA KUMAR, ADVOCATE FOR R4; VIDE ORDER DATED 19.02.2025, NOTICE TO R1 & R3 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING a) TO AWARD HIGHER COMPENSATION AT RS.15,70,00,000/- LESS THE COMPENSATION AWARDED BY THE LEARNED PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT-III, CHITRADURGA IN M.V.C.NO.417/2019 DATED 27.06.2023 AND ALSO TO AWARD 12% PER ANNUM; b) TO GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT BE PLEASED DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE AND ALLOW THE ABOVE APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2025:KHC:41655 MFA No. 8562 of 2023 ORAL JUDGMENT This appeal is arising out of judgment and award dated 27.06.2023 in MVC.No.417/2019 passed by the Prl. Senior Civil Judge and Addl. MACT-III at Chitradurga, filed by the appellant - claimant seeking enhancement of compensation. 2. The date of the accident, involvement of the vehicle, injuries suffered and liability to pay compensation are not in dispute. The only dispute is with respect to quantum of compensation. 3. Heard Sri.Gurudhatta K., learned counsel appearing for the appellant and Sri.Ravi S. Samprathi, learned counsel appearing for respondent No.2 and Sri.D.Vijaya Kumar, learned counsel appearing for respondent No.4. Vide order dated 19.02.2025 notice to respondent Nos.1 and 3 dispensed with. - 4 - HC-KAR NC: 2025:KHC:41655 MFA No. 8562 of 2023 4. Sri.Gurudhatta, learned counsel, vehemently submitted that as per the Exhibit P4 wound certificate, the appellant suffered the following injuries: (i) A lacerated wound measuring 0.5X5 cm, on the right maxillary area, (ii) A deep punctured wound measuring 0.5x1 cm over the left maxillary area, and (iii) Tenderness, swelling in the right temporal region, tenderness, swelling over right clavicle. 5. He states that the appellant was an inpatient from 12.09.2018 to 18.09.2018. As per the testimony of PW-2, there was a subcondylar fracture and a fracture of the parasymphasis of the mandible, for which an open reduction was done with mini plates and tools. 6. The Tribunal has failed to consider these severe injuries. He has further submitted that the Tribunal did not appropriately considered the case for awarding adequate compensation under each head, which has resulted in - 5 - HC-KAR NC: 2025:KHC:41655 MFA No. 8562 of 2023 awarding meagre compensation of Rs.3,17,142/-. Accordingly, sought enhancement of compensation. 7. Refuting the submissions of the learned counsel appearing for the appellant, Sri.Ravi S. Samprathi, as well as Sri.D.Vijay Kumar, submitted that the Tribunal, having considered the injuries suffered and the materials placed on record and awarded the appropriate compensation of Rs.3,17,142/- under all heads, which does not call for any interference at the hands of this Court. 8. They further submitted that if in additional compensation to be awarded, it must be marginal, to the extent of Rs.35,000/- to Rs.40,000/- and not more than that. They also submitted that the compensation awarded must be just compensation and should not result in a bonanza and accordingly sought dismissal of the appeal. 9. Having considered the rival submissions of the learned counsel appearing for the parties, perused the entire appeal papers as well as the trial Court record. - 6 - HC-KAR NC: 2025:KHC:41655 MFA No. 8562 of 2023 10. The only point that arises for the consideration of this Court is: “Whether the claimant has made out a case for enhancement of compensation.” 11. My answer to the above point for consideration is ‘partly in the affirmative’ for the following reasons: 12. The occurrence of the accident and the injuries are not in dispute. The injuries resulting in a fracture of mandible and other factures, i.e. subcondylar fracture, are not in dispute. The fact that the appellant underwent surgery for the fixation of implants is also not in dispute. 13. However, looking to the compensation awarded by the Tribunal under several heads seems to be just and proper but so far as the laid up period and loss of amenities are concerned, the compensation warded by the Tribunal is a little on lower side. Instead of deliberating on each head, if a global compensation of Rs.50,000/- is - 7 - HC-KAR NC: 2025:KHC:41655 MFA No. 8562 of 2023 awarded with interest at the rate of 6% per annum, the same will meet the ends of justice. ORDER i. Accordingly, the appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal is hereby modified and the compensation is enhanced by a global sum of Rs.50,000/- additionally with interest at the rate of 6% per annum. iii. Both the insurer shall deposit 50% each of the enhanced compensation along with interest at the rate of 6% per annum before the concerned Tribunal within six weeks from the date of receipt of a certified copy of this order. iv. Upon deposit, the entire amount shall be released in favour of appellant - claimant on proper identification. Sd/- (T.M.NADAF) JUDGE TIN List No.: 1 Sl No.: 21