- 1 - NC: 2025:KHC-D:585 MFA No. 102436 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102436 OF 2015 (MV-I) BETWEEN: AKSHATA D/O. ASHOK KOLAMBKAR, AGE: 20 YEARS, OCC: STUDENT, R/O. NEAR VEER GANAPATHI TEMPLE, AMADALLI, TQ: AND DISTRICT: KARWAR. …APPELLANT (BY SRI SRINIVAS B.NAIK, ADVOCATE) AND: 1. MARUTI S/O. DATTA NAIK, AGE: MAJOR R/O. BEHIND MADADEV DEVSTHAN, BAAD, NANDANGADDA KARWAR. 2. SRI RAM GENERAL INSURANCE COMPANY LIMITED, REP. BY ITS MANAGER, E 8 EPIP RIICO, INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTHAN-302002. …RESPONDENTS (BY SRI NAGARAJ C.KOLLOORI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2014 PASSED BY THE MEMBER, 1ST ADDITIONAL MOTOR ACCIDENT CLAIM TRIBUNAL, KARWAR, IN MVC NO.68/2012 ENHANCING THE COMPENSATION AS CLAIMED IN THE APPEAL MEMO, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:585 MFA No. 102436 of 2015 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though this appeal is listed for admission, with consent of learned counsel for the parties, it is taken up for final disposal. 2. This appeal is filed by the claimant challenging the judgment and award dated 06.11.2014 passed by the Court of 1st Additional MACT, Karwar, in MVC No.68/2012, seeking enhancement of compensation. 3. Heard the arguments and perused the material placed before the Court. 4. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 5. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries: - 3 - NC: 2025:KHC-D:585 MFA No. 102436 of 2015 “Laceration wound on the right side of forehead extending to frontal region of scalp 10 cm X 1 cm.” 6. The Tribunal has awarded global compensation of Rs.15,000/- along with interest at the rate of 6% per annum from the date of petition till the realization of the entire amount. 7. Considering the nature of injuries sustained, compensation awarded by Tribunal is on lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. Therefore, the claimant is entitled for an additional global compensation of Rs.25,000/- in addition to what has been awarded by the Tribunal, along with interest at the rate of 6% p.a. from the date of petition till the date of realization. 8. The Insurance Company is directed to deposit the enhanced global compensation within eight weeks from the date of receipt of a certified copy of this judgment. - 4 - NC: 2025:KHC-D:585 MFA No. 102436 of 2015 9. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 06.11.2014 passed by the Court of 1st Additional MACT, Karwar, in MVC No.68/2012 stands modified. iii) The claimant is entitled for an additional global compensation of Rs.25,000/- in addition to what has been awarded by the Tribunal, along with interest at the rate of 6% p.a. from the date of petition till the date of realization. iv) The claimant is not entitled for interest for the delayed period of 173 days in filing the appeal. v) The insurance company shall deposit the amount within a period of eight weeks - 5 - NC: 2025:KHC-D:585 MFA No. 102436 of 2015 from the date of receipt of a copy of this judgment. vi) Send a copy of this judgment to the Tribunal. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 2 Sl No.: 16