- 1 - NC: 2025:KHC:6964 MFA No. 2438 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.2438 OF 2020(MV-I) BETWEEN: KEMPARAJU, S/O RAMAIAH, AGEDA BOUT 46 YEARS, RESIDING AT KOTANAYAKANAHALLI, SRIRAMA CIRCLE, ARASUNAGARA, TIPTUR RURAL, TUMAKURU DISTRICT, NOW RESIDING AT BATAWADI 1ST CROSS, TUMKURU 572 101 …APPELLANT (BY SRI K.SHANTHARAJ, ADVOCATE) AND: 1. DEEPAKA, S/O LATE RAJANNA K.S., AGED ABOUT 52 YEARS, RESIDING AT DODDAPETE, KORATAGERE TOWN - 562 129, TUMAKURU DISTRICT. 2. UNITED INDIA INS. CO. LTD., BY TIS BRANCH MANAGER, BRANCH OFFICE, JAYADEVA COMPLEX, B.H.ROAD, TUMKURU - 572 101. …RESPONDENTS (BY SRI JWALAKUMAR, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED, VIDE ORDER DATED 16.09.2022) Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - NC: 2025:KHC:6964 MFA No. 2438 of 2020 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 06.09.2019 PASSED IN MVC NO.233/2018 BY I ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the appellant-claimant challenging the judgment and award dated 06.09.2019 passed in MVC.No.233/2018 by the Court of I Additional District Judge and MACT, Tumakuru (for short ‘the tribunal’). The appeal is preferred on the premise of inadequate and meager compensation awarded by the tribunal. 2. Parties to the appeal shall be referred to as per their status before the tribunal. 3. Brief facts of the case are as under: On 15.10.2017 at about 7.00 a.m., the claimant was proceeding on his motorcycle bearing registration - 3 - NC: 2025:KHC:6964 MFA No. 2438 of 2020 No.KA.44.K.8372 along with his wife. At that time, a bus bearing registration No.KA.64.2322 came in a rash and negligent manner and dashed against the claimant. Due to the said impact, the claimant fell down and sustained grievous injuries. Immediately, he was shifted to General hospital, Sira and thereafter, to Raghu hospital, wherein, he took treatment. Hence, the claimant filed a claim petition seeking compensation. 3.1 On service of notice, respondents appeared through their counsel and filed their respective statement of objections, denying the averments made in the claim petition and sought for dismissal of the claim petition. 3.2 On the basis of material evidence, both oral and documentary and on hearing the submissions of learned counsels for both parties, the tribunal awarded compensation of Rs.45,000/- with interest @ 6% p.a. from the date of petition till realisation. - 4 - NC: 2025:KHC:6964 MFA No. 2438 of 2020 3.3 Being aggrieved by the inadequate compensation amount awarded by the tribunal, the claimant is before this Court seeking enhancement of compensation. 4. It is the vehement contention of the learned counsel for appellant-claimant that the tribunal has committed an error in awarding meager compensation, which calls for interference at the hands of this Court. Accordingly, he seeks enhancement of compensation. 5. Per contra, learned counsel representing the respondent-Insurance Company sustains the judgment and award of the tribunal and contends that there is no serious injuries causing any disability either temporary or permanent. Hence, he seeks dismissal of the appeal. 6. Having heard learned counsel for appellant- claimant and learned counsel for respondent-Insurance Company, the occurrence of the accident, involvement of the vehicle and injuries sustained by the claimant in the - 5 - NC: 2025:KHC:6964 MFA No. 2438 of 2020 road traffic accident are all established and proved by the production of Exs.P1 to P10. 7. A short point that would arise for consideration: “(i) Whether the appellant is entitled for enhancement of compensation? (ii) If so what amount? 8. Admittedly, there is no permanent disability. The Doctor has not been examined in this case. The tribunal on the basis of evidence adduced and considering the wound certificate and magnitude of injuries, awarded global compensation of Rs.45,000/- with interest at 6% p.a. There is no material placed on record to show any permanent physical disability or inconvenience that would be caused in future. Nevertheless, in view of the fracture and contusion sustained by the claimant in the road traffic accident, this Court deems it appropriate to award additional Rs.25,000/- as compensation. - 6 - NC: 2025:KHC:6964 MFA No. 2438 of 2020 9. In view of the above, the claimant shall be entitled to a total compensation of Rs.70,000/- as against Rs.45,000/-. 10. Accordingly, I pass the following: ORDER i) The appeal is allowed-in-part; ii) The judgment and award dated 06.09.2019 passed in MVC.No.233/2018 by I Additional District Judge and MACT, Tumakuru, is modified; iii) The claimant is entitled to a total compensation of Rs.70,000/- as against Rs.45,000/- along with interest @ 6% p.a. from the date of petition till realisation. iv) The entire amount shall be paid by the respondent-Insurance Company, if already not paid, within four weeks from today along with 6% p.a.; - 7 - NC: 2025:KHC:6964 MFA No. 2438 of 2020 v) All other terms and conditions stipulated by the tribunal shall stand intact; vi) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN CT:SNN