- 1 - HC-KAR NC: 2025:KHC:38524 MFA No. 8650 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.8650 OF 2018(MV-I) BETWEEN: ROYAL SUNDARAM GENERAL INSURANCE CO. LTD., (FORMERLY KNOWN AS ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD.,) 3RD FLOOR, EMKAY'S SHALIMAR COMPLEX, KANAKANDI, MANGALORE REPRESENTED BY REGIONAL OFFICE, NO.30, 3RD FLOOR, JNR CITY CENTRE, RAJARAM MOHAN ROY ROAD, SAMPANGIRAMA NAGAR, BANGALORE - 560 027 BY ITS STATE HEAD LEGAL, MR.S.K. SANDEEP …APPELLANT (BY SRI. RAVI S. SAMPRATHI, ADVOCATE) AND: 1. SRI MAHENDRA NAIK S/O ANNAYYA NAIK, MUNDADI, MELMANE, KADUR VILLAGE, UDUPI TALUK AND DISTRICT - 576 101 2. SRI. DEVADAS B A S/O K.M. BABU, MAJOR IN AGE, RESIDING AT SHIVADAMA COMPOUND, SUBRAMANYA NAGAR, PUTTUR VILLAGE, UDUPI - 576 101 …RESPONDENTS (R1 - SERVED; V/O DATED 28.07.2025 NOTICE TO R2 D/W) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38524 MFA No. 8650 of 2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.08.2018, PASSED IN MVC NO.677/2015, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, AWARDING COMPENSATION OF RS.3,24,000/-. INTEREST AT THE RATE OF 6% PER ANNUM FROM THE DATE OF PETITION TILL REALIZATION IS AWARDED ON SUM OF RS.1,74,000/- ONLY. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT 1. Heard learned counsel for appellant. 2. This appeal is filed by the insurance company against the award passed by the Tribunal in MVC No. 677/2015 dated 27.08.2018. 3. The injured claimant filed claim application claiming compensation of Rs.8,84,000/-. The Tribunal, considering the entire evidence on record, awarded compensation of Rs.3,24,000/- with interest at the rate of 6% p.a. from the date of petition till realization. Aggrieved by the said order, this appeal is filed by the insurance company. - 3 - HC-KAR NC: 2025:KHC:38524 MFA No. 8650 of 2018 4. Learned counsel for appellant mainly contended that the amount of Rs.1,50,000/- granted towards future medical expenses is without any basis and requested for reduction of the said amount. Learned counsel further contended that P.W.3 in his evidence has stated that it is not mandatory or compulsory that the petitioner should go for reconstructive rhinoplasty under general anesthesia to avoid facial disfigurement and to maintain the balance of the face and it is the option of the petitioner. He has also deposed that without going for reconstructive rhinoplasty there is no disability that has occurred. He further deposed that he had given Ex.P.15 stating that the approximate cost for the said surgery is Rs.1,50,000/- to Rs.2,00,000/-. It may also reduce depending upon the area where the surgery would be performed under general anesthesia. 5. Inspite of service of notice respondent No. 1 has not turned up and remained ex-parte. He has not produced any evidence to prove that later he underwent - 4 - HC-KAR NC: 2025:KHC:38524 MFA No. 8650 of 2018 surgery and incurred future medical expenses. Therefore, this Court finds that it is just and reasonable to reduce the amount granted under the head `future medical expenses’ from Rs.1,50,000/- to Rs.50,000/-. Hence, the total compensation payable is reduced from Rs.3,24,000/- to Rs.2,24,000/- with interest at the rate of 6% p.a. 6. In the result, the appeal is allowed in part. The total compensation payable is reduced from Rs.3,24,000/- to Rs.2,24,000/- with interest at the rate of 6% p.a. from the date of petition till realization. The appellant is directed to deposit the said amount of Rs.2,24,000/- within one month from today along with interest at the rate of 6% from the date of petition. On such deposit, respondent No. 1 is permitted to withdraw the same with accrued interest. Amount already deposited is directed to be transmitted to the MACT. Sd/- (P SREE SUDHA) JUDGE LRS List No.: 1 Sl No.: 64