- 1 - HC-KAR NC: 2025:KHC:27982 MFA No. 1662 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.1662 OF 2022 (MV-I) BETWEEN: SRI. S.JAMEER AHMED S/O SRI MUNEER SAHEB AGED ABOUT 29 YEARS RESIDING AT NO.137, THEERTHAHAM CHITTOOR DISTRICT ANDHRA PRADESH – 517 415 …APPELLANT (BY SRI. PRAMODA GOWDA T P, ADVOCATE) AND: 1. SRI.RAMULU NAIDU S/O SRI R BABU NAIDU NO.7 MARRIPALI, S R LPURAM GANGADHAR, NELLORE ANDHRA PRADESH - 524 003 (OWNER OF THE VEHICLE TRACTOR-TRAILER BEARING REG NO.AP-01-AQ-1707-1708) 2. UNITED INSURANCE CO. LTD., REGIONAL OFFICE, 5TH AND 6TH FLOOR KRISHI BHAVAN, NRUPATHUNGA ROAD, BENGALURU - 560 001 (INSURER OF THE VEHICLE TRACTOR-TRAILER BEARING REG.NO.AP-01-AQ-1707-1708) POLICY NO.2803013116P103309111 VALID FROM 10-06-2016 TO 09-06-2017 …RESPONDENTS Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27982 MFA No. 1662 of 2022 (BY SRI. G.S.MARULAIAH, ADVOCATE FOR R2; VIDE ORDER DATED 31.03.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO a) MODIFY THE JUDGMENT AND AWARD DATED 29.11.2018 PASSED IN MVC NO.7935/2016 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU (SCCH-18) AND ENHANCE / MODIFY THE SAME AND ALLOW THE CLAIM PETITION FILED BY THE APPELLANT; b) PASS SUCH OTHER RELIERF OR RELIEFS AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FURTHER ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT This appeal is filed by the appellant – claimant, seeking enhancement of the compensation vide judgment and award dated 29.11.2018, in MVC No.7935/2016, passed by the III Addl. Judge and Motor Accident Claims - 3 - HC-KAR NC: 2025:KHC:27982 MFA No. 1662 of 2022 Tribunal, Court of Small Causes Bengaluru (SCCH-18), (for short ‘Tribunal’). 2. The date of accident, involvement of vehicle, injuries suffered by the claimants and the liability fastened on the Insurance Company are not in dispute; the only challenge is regarding the quantum of compensation awarded by the Tribunal. 3. Heard Sri.Adarsh, learned counsel appearing for Sri.Pramod Gowda T.P., learned counsel appearing for the appellant and Sri.G.S.Marulaiah, learned counsel appearing for respondent No.2 - Insurance Company. 4. Sri.Adarsh, learned counsel vehemently submits that the appellant sustained multiple injuries such as (i) Injury to nose, tenderness and bleeding through the nose, (ii) Traumatic brain injury and submits that the appellant was an inpatient at RL Jalappa Hospital Kolar from 07.08.2016 to 10.08.2016 and subsequently at J.S.Hospital, Vellore, from 10.08.2016 to 18.08.2016. The - 4 - HC-KAR NC: 2025:KHC:27982 MFA No. 1662 of 2022 appellant incurred Rs.1,50,000/- towards medical bills and he has produced Medical Bills to an extent of Rs.75,324/- at Ex-P7. Accordingly, he sought for allowing the appeal by enhancing suitable compensation. 5. Refuting the submissions of the learned counsel for the appellant, Sri.G.S.Marulaiah, vehemently submits that, although it is stated that the claimant has suffered traumatic brain injury, in cross-examination, the appellant has admitted that he has not taken any treatment for the said injury and there is no record available. He also submits that though the medical bills at Ex.P7 to an extent of Rs.75,324/- were produced, however, the Tribunal after going through the medical records in the absence of prescriptions, has rightly considered the medical bills to an extent of Rs.20,524/- and taking into consideration of the same the Tribunal has awarded Rs.35,000/- along with interest at the rate of 9%, is justified. Accordingly, sought to dismiss the appeal. - 5 - HC-KAR NC: 2025:KHC:27982 MFA No. 1662 of 2022 6. Having heard the learned counsel for the parties, perused entire appeal papers. The only question that would arise for consideration of this Court is: "Whether the Tribunal was justified in awarding Rs.35,000/- in view of the injuries suffered and the medical document produced at Ex.P7?" 7. My answer to the above point for consideration is in the ‘negative’, for the following reasons. The injuries suffered by the Claimant to the nose tenderness and bleeding is not in dispute. The medical bills produced at Ex.P7 at the rate of Rs.75,324/- were not outrightly discarded by the Tribunal but only sum of Rs.20,524/- was taken on record. On the premise, that there are no prescriptions produced by the claimant. Having considered the overall facts and circumstances of the case, the medical expenses incurred and in the presence of original medical bills, this Court holds that the appellant is entitled for another sum of Rs.50,000/- in all, - 6 - HC-KAR NC: 2025:KHC:27982 MFA No. 1662 of 2022 payable along with interest at 6% per annum from the date of petition till realization. ORDER i. Accordingly, the appeal is allowed. ii. The judgment and award passed by the Tribunal in MVC.No.7935/2016, dated 29.11.2018, is hereby modified. iii. The appellant/claimant is entitled for a enhanced compensation of Rs.50,000/- along with interest at the rate of 6% per annum from the date of filing of the petition till realization. iv. The enhanced compensation amount shall be deposited by the respondent No.2 - Insurance Company within six weeks from the date of receipt of a copy of this order. v. In the facts and circumstances, no order as to cost. Sd/- (T.M.NADAF) JUDGE TIN List No.: 1 Sl No.: 48