- 1 - HC-KAR NC: 2025:KHC:48048 MFA No. 6904 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 6904 OF 2013 (MV-I) BETWEEN: KESHURAM SUTHAR S/O BHAKARAM SUTHAR AGED ABOUT 44 YEARS NO.27, CHIKKA BEGUR GATE HOSUR ROAD, MADIVALA POST BANGALORE-560 068. …APPELLANT (BY SMT. P.ARCHANA MURTHY, ADVOCATE FOR SRI DORAIBABU S., ADVOCATE) AND: 1. THE MANAGING DIRECTOR BMTC DOUBLE ROAD (K H ROAD) SHANTHINAGAR BANGALORE-27. 2. UNITED INDIA INS. CO. LTD MOTOR TP CLAIMS D.O.IV NO.19-19/1, 2ND FLOOR SOUTH END ROAD BASAVANGUDI BANGALORE-560 004. …RESPONDENTS (BY SRI. K. NAGARAJA, ADVOCATE FOR R1; SRI. JANARDHAN REDDY, ADVOCATE FOR R2) Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48048 MFA No. 6904 of 2013 THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED XIX ADDL. SCJ, MACT & XLI ACMM IN M.V.C.NO.1076/2010 IN ITS JUDGMENT AND AWARD DATED 22.9.2012 AND ENHANCE THE COMPENSATION FROM RS. 2,25,000/- TO RS.12,75,000/- AND INTEREST 18% PER ANNUM FROM THE DATE OF THE PETITION TILL REALIZATION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT This appeal is by the appellant/claimant seeking for enhancement of compensation arising out of judgment and award dated 22.09.2012 in MVC No.1076/2010, passed by the Motor Accident Claims Tribunal at Bengaluru (SCCH- 17) (for short ‘Tribunal’). 2. The parties are referred to as per their ranking before the Tribunal for easy reference. 3. The brief facts of the case are that:- On 30.01.2010 at about 4.15 p.m., when the petitioner was proceeding in a motor cycle bearing Reg.No.KA-04-R-3096 and when he reached BRV junction, - 3 - HC-KAR NC: 2025:KHC:48048 MFA No. 6904 of 2013 Shivajinagar, at that time, a BMTC Bus bearing Reg.No.KA-01-FA-2195 came in a rash and negligent manner and dashed against the petitioner. Due to which, he fell down and sustained fracture injuries. Immediately, he was shifted to hospital. Hence, petitioner filed claim petition under Section 166 of the MV Act, seeking compensation of Rs.15,00,000/-. 4. Upon service of notice, the respondent No.1 had remained absent and was placed exparte and respondent No.2 appeared and filed its written statement admitting the issuance of policy. It contended that the driver of the BMTC Bus did not possess valid and effective driving licence at the time of accident and contended that the accident was due to negligent driving of the petitioner and not on the part of the driver of the BMTC Bus. Hence, prays to dismiss the claim petition. 5. On the basis of the pleadings of the parties, the Tribunal framed issues and recorded the evidence. The petitioner was examined as PW-1 and doctor was - 4 - HC-KAR NC: 2025:KHC:48048 MFA No. 6904 of 2013 examined as PW-2 and marked documents at Exs.P1 to P-13. The respondents have neither examined the witnesses nor got marked the documents. 6. After hearing the parties and on perusal of the documents, the Tribunal has allowed the petition in part and awarded compensation of Rs.2,25,000/- with interest at the rate of 8% per annum from the date of petition till realization. 7. Learned counsel for the appellant submits that as per Ex.P.3 – discharge summary, appellant has sustained right scapula thoracic dissociation, comminuted fracture body of right scapula, fracture 2nd and 5th ribs right side, right sided pleural effusion, fracture C6 to D8 spinous process and lacerated wound over right side of face and he underwent a procedure of wound debridement and suturing and ICD insertion. The Tribunal has not properly considered the case of the appellant and awarded meager compensation under all heads which require enhancement. - 5 - HC-KAR NC: 2025:KHC:48048 MFA No. 6904 of 2013 Accordingly, sought to allow the appeal and enhance compensation by modifying the judgment and award passed by the Tribunal. 8. Refuting the submissions of learned counsel appearing for the appellant, learned counsel for the respondents submits that the Tribunal after considering entire material placed before it, awarded appropriate compensation. The compensation awarded by the Tribunal is just and proper and does not call for any interference at the hands of this Court. Accordingly, sought to dismiss the appeal. 9. Heard the learned counsel appearing for the parties and perused entire appeal papers. 10. It is not in dispute that the appellant has suffered fracture of 9th, 10th and 11th ribs on the right side and there is injury to the spleen. However, it is seen that the compensation awarded on various heads are on the lower side. Taking into consideration the treatment taken and - 6 - HC-KAR NC: 2025:KHC:48048 MFA No. 6904 of 2013 injuries suffered, we are of the considered view that the claimant would be entitled for compensation of Rs.1,00,000/- in addition to what has been awarded by the Tribunal. 11. Respondent No.2 shall deposit the above enhanced compensation along with interest at the rate of 6% per annum, within eight weeks from the date of receipt of copy of this order. 12. Accordingly, I proceed to pass the following:- ORDER i. The appeal is allowed in-part. ii. The judgment and award dated 22.09.2012 in MVC No.1076/2010 passed by the Motor Accident Claims Tribunal at Bengaluru (SCCH- 17) stands modified. iii. The appellant is entitled to compensation of Rs.1,00,000/- with interest at the rate of 6% per annum from the date of petition till realization. - 7 - HC-KAR NC: 2025:KHC:48048 MFA No. 6904 of 2013 iv. The appellant/claimant is not entitled for interest for the delay period of 221 days in filing the appeal. v. The respondent No.2 – Insurance Company shall deposit the amount within eight weeks from the date of award. vi. Upon deposit, entire amount shall be released in favour of appellant on proper identification in terms of award. vii. Registry is directed to transmit the TCR along with copy of this Judgment to the Tribunal forthwith. viii. No order as to costs. Sd/- (DR.K.MANMADHA RAO) JUDGE MH/- List No.: 1 Sl No.: 45