- 1 - HC-KAR NC: 2025:KHC:30067 MFA No. 5898 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 5898 OF 2019 (MV-I) BETWEEN: ANIL KUMAR B.R, S/O LATE S RAMANNA, AGED ABOUT 38 YEARS, R/AT BELLUNDAGERE VILLAGE MANDYA TQ & DISTRICT – 571 409. …APPELLANT (BY SRI. M.Y. SREENIVASAN, ADVOCATE) AND: DEEPU P S/O PUTTA BEERAIAH, MAJOR R/AT NO.252, 1ST CROSS, KESARE, RAJENDRA NAGARA MYSURU CITY – 570 016. …RESPONDENT THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13/03/2019, PASSED IN MVC NO.1565/2016, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30067 MFA No. 5898 of 2019 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT Heard the learned counsel appearing for the appellant. 2. It is noticed that despite ample opportunities, notice to the sole respondent has not been issued for want of PF. 3. Be that as it may, a perusal of the impugned judgment shows that there was only one injury sustained by the petitioner and the Tribunal has awarded a sum of Rs.65,000/- along with interest at 6% p.a. The nature of the injury was appropriately considered by the Tribunal and there being no evidence by expert in respect of disability, this Court does not find any infirmity in the impugned judgment. The nature of the injury sustained by the petitioner is amputation of one toe. Therefore, in the absence of any evidence which shows that there was any disability suffered by the petitioner on account of such injury, no interference is required in the impugned - 3 - HC-KAR NC: 2025:KHC:30067 MFA No. 5898 of 2019 judgment. Therefore, at the stage of admission itself, the appeal is dismissed. In view of dismissal of the appeal, I.A.No.1/2019 does not survive for consideration, Accordingly, disposed of. Sd/- (C M JOSHI) JUDGE SSB CT: BHK