- 1 - HC-KAR NC: 2025:KHC:23739-DB MFA No. 9179 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 9179 OF 2015 (MV-I) BETWEEN: DR SANTHOSH M V SON OF VISHWESHVARAIAH AGED ABOUT 37 YEARS RESIDENT OF VIDYANAGARA GOWRIKOPPAL CIRCLE HASSAN - 573201. …APPELLANT (BY SMT. NIRMALA, ADVOCATE FOR SRI. MOHAN P S.,ADVOCATE) AND: 1. M H KUMAR AGED ABOUT 31 YEARS DRIVER, BADGE NO 176 KSRTC, ARAKALGUD DEPOT ARAKALGUD, HASSAN - 573201. 2. THE MANAGING DIRECTOR K S R T C, BANGALORE REPRESENTED BY DIVISIONAL CONTROLLER HASSAN DIVISION HASSAN - 573201. …RESPONDENTS (BY SRI. ASHOK KUMAR M., ADVOCATE FOR R2; NOTICE TO R1 SERVED) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23739-DB MFA No. 9179 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED.17.12.2014 PASSED IN MVC NO.256/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The appellant is aggrieved by the grant of Rs.20,000/- with interest at the rate of 6% per annum as compensation for the injuries suffered by him in MVC No.256/2014 on the file of the Member, Additional Motor Accident Claims Tribunal, Hassan [for short 'the Tribunal']. The Tribunal has granted the aforesaid amount under the following heads: - 3 - HC-KAR NC: 2025:KHC:23739-DB MFA No. 9179 of 2015 Sl.No. Particulars Amount (in Rs.) 1. Pain and sufferings 9,000 2. Medical expenses 5,313 3. Transportation Charges 5,000 Total 19,313 Rounded off 20,000 The learned counsel for the appellant submits that there must be enhancement in the compensation because the accident and the liability of the Insurer are not disputed and because the appellant is hospitalized for about fifteen days with three different Hospitals in Nagamangala, Bengaluru and Mysuru. The learned counsel submits that the appellant was hospitalized with M/s AIMS Hospital, Nagamangala; M/s Chord Road Hospital, Bengaluru; and M/s Hegde Hospital, Mysuru. However, the appellant has produced no record. In the absence of medical records of hospitalization and evidence on permanent disability, this Court is not persuaded to opine that there is any room for - 4 - HC-KAR NC: 2025:KHC:23739-DB MFA No. 9179 of 2015 enhancement except in a sum of Rs.30,000/- as a global sum. This global sum is granted accepting the submission that the appellant was hospitalized with three Hospitals and would have incurred some expenditure in that regard. In the light of the afore, the following: ORDER [a] The appeal is allowed modifying the impugned Judgment and Award dated 17.12.2014 in MVC No.256/2014 on the file of the Member, Additional Motor Accident Claims Tribunal, Hassan, and directing the Tribunal to grant a further compensation in a global sum of Rs.30,000/-. [b] The second respondent-Corporation shall deposit this amount within eight [8] weeks from today. If there is any failure, the second respondent shall pay the - 5 - HC-KAR NC: 2025:KHC:23739-DB MFA No. 9179 of 2015 interest on the aforesaid amount at the rate of 6% per annum for the delayed period. SD/- (B M SHYAM PRASAD) JUDGE SD/- (G BASAVARAJA) JUDGE AN/-