- 1 - HC-KAR NC: 2025:KHC:29610 MFA No. 379 of 2023 C/W MFA.CROB No. 85 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 379 OF 2023 (MV-I) C/W MFA CROSS OBJECTION NO. 85 OF 2023 IN MFA No. 379/2023 BETWEEN: MANAGING DIRECTOR NATIONAL INSURANCE COMPANY LIMITED, 1ST FLOOR, KRISHNA BUILDING P.B. ROAD, HAVERI - 610 502. ALSO AT THE NATIONAL INSURANCE COMPANY LIMITED REGIONAL OFFICE: 144, SUBHARAM COMPLEX M.G. ROAD, BENGALURU - 560 001 NOW REPRESENTED BY ASST. MANAGER, LEGAL. …APPELLANT (BY SRI. UTTUR PADMAVATI SURESH, ADVOCATE) AND: 1. YALLAPPA S/O THIMMAPPA AGED ABOUT 49 YEARS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29610 MFA No. 379 of 2023 C/W MFA.CROB No. 85 of 2023 RESIDENT OF GOWTHAMAPURA VILLAGE SAGARA TOWN, SHIVAMOGGA DISTRICT - 577 412. 2. GOWTHAMA S/O GOPALAKRISHNA AGED ABOUT 30 YEARS, RESIDENT OF GURUTE, 3RD CROSS, HALAGERI ROAD, BEERESHWARANAGARA RANIBENNUR TALUK, HAVERI DISTRICT - 581 208. …RESPONDENTS (BY SRI. G. LAKSHMEESH RAO, ADVOCATE FOR R1; VIDE ORDER DATED 17.04.2023, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 30.07.2022 PASSED IN MVC NO.146/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IX, SAGAR, AWARDING COMPENSATION OF RS.4,00,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA.CROB NO. 85/2023 BETWEEN: SRI YALLAPPA S/O THIMMAPPA, AGED ABOUT 53 YEARS, RESIDENT OF GOWTHAMAPURA VILLAGE, - 3 - HC-KAR NC: 2025:KHC:29610 MFA No. 379 of 2023 C/W MFA.CROB No. 85 of 2023 SAGARA TOWN, SHIVAMOGGA DISTRICT - 577 412 ...CROSS OBJECTOR (BY SRI. G. LAKSHMEESH RAO, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, NATIONAL INSURANCE CO., I FLOOR, KRISHNA BUILDING, P.B. ROAD, HAVERI - 610 502 ALSO AT. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE: 144, SUBHARAM COMPLEX, M.G. ROAD, BENGALURU - 560 001, REP. BY ASST. MANAGER, LEGAL. 2. SRI. GOWTHAMA, S/O GOPALAKRISHNA, AGED ABOUT 32 YEARS, RESIDENT OF GURUTE, 3RD CROSS, HALAGERI ROAD, BEERESHWARANAGARA, RANIBENNUR TQ HAVERI DISTRICT - 581 115. ...RESPONDENTS (BY SRI. UTTUR PADMAVATI SURESH, ADV. FOR R1; SRI. H.V. MANJUNATHA, ADV. FOR R2) THIS MFA CROB IS FILED U/O.41 RULE 22 OF THE CPC, R/W SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 30.07.2022 PASSED IN MVC NO.146/2019 ON THE FILE OF THE PRL. SENIOR CIVIL - 4 - HC-KAR NC: 2025:KHC:29610 MFA No. 379 of 2023 C/W MFA.CROB No. 85 of 2023 JUDGE AND ADDITIONAL MACT-IX, SAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA AND MFA.CROB, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.146/2019 dated 30.07.2022 by the Principal Senior Civil Judge and Additional MACT No.IX, at Sagar, whereby the court below had granted global compensation of an amount of Rs.4,00,000/- with interest @ 6% p.a. from the date of petition till its realization, the claimant has filed M.F.A.No.379/2023 and the Insurance Company has filed M.F.A. Crob. No.85/2023. 2. The claim petition had filed seeking compensation of Rs.9,45,000/-. On 23.09.2018, at about 10.00 a.m when claimant was walking on the left side of - 5 - HC-KAR NC: 2025:KHC:29610 MFA No. 379 of 2023 C/W MFA.CROB No. 85 of 2023 the road, near Government Ladies Hostel, the rider of Bajaj Motorcycle bearing Reg. No.KA-27-EC-9755 rode the same in a rash and negligent manner and dashed to the claimant. Due to which the claimant sustained grievous injuries. As per the certificate issued by the doctor, he has sustained 32.02% disability to the limb and the doctor was not examined. The Insurance Company is before this Court precisely on the ground stating that without examining the doctor, assessing and considering the disability, giving the global compensation on the basis of the disability certificate and also without considering on all the heads what is the entitlement of the claimant, it is arbitrary and there cannot be any compensation of Rs.4,00,000/- globally. 3. Learned counsel appearing for the respondents submits that there is no dispute that the claimant had sustained the injuries and the fractures as stated and the doctor has also given the certificate, the only lapses on the part of the claimant is that he has not examined the - 6 - HC-KAR NC: 2025:KHC:29610 MFA No. 379 of 2023 C/W MFA.CROB No. 85 of 2023 doctor. It is submitted that he is a poor villager and if any interference by this court would have any impact on the life of the claimant. 4. Having heard the learned counsels on either side, perused the entire material on record. 5. The order of the Tribunal granting Rs.4,00,000/- globally has to be interfered by this court, as the same is granted without any basis. Then coming to the aspect of disability and the certificate is given, the doctor is not examined. As rightly argued by the learned counsel for the Insurance Company, without examining the doctor, the disability cannot be considered and on that ground, if the Insurance Company appeal is allowed, it would cause lot of hardship to the claimant. Balancing the interest of both the parties, this Court deems it appropriate to remand this matter only for the limited purpose of examining the doctor and basing on the material, the Tribunal shall compute the maintenance on - 7 - HC-KAR NC: 2025:KHC:29610 MFA No. 379 of 2023 C/W MFA.CROB No. 85 of 2023 each head and the parties without further notice shall appear before the Court on 03.09.2025 and within six months from there on the case shall be disposed of. 6. Accordingly, M.F.A.No.379/2023 and M.F.A.Crob.No.85/2023 are allowed by setting aside the award passed in MVC.No.146/2019 dated 30.07.2022 and the matter is remanded back to the Principal Senior Civil Judge and Additional MACT No.IX at Sagar. Accordingly, i. The parties shall appear before the tribunal by 03.09.2025. ii. The court shall dispose off the matter within three months from 03.09.2025. iii. The amount in deposit, if any, shall be transferred to the Tribunal without delay. iv. The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay. v. No Costs. - 8 - HC-KAR NC: 2025:KHC:29610 MFA No. 379 of 2023 C/W MFA.CROB No. 85 of 2023 vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SSB CT: BHK