- 1 - HC-KAR NC: 2025:KHC:40122 MFA No. 3046 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 3046 OF 2021 (MV-I) BETWEEN: ANUPAMA C.K W/O GOVINDARAJU, AGED ABOUT 26 YEARS, R/AT NO.221, 2ND MAIN, 2ND CROSS, CHOWDESHWARINAGAR, LAGGERE, BENGALURU - 560 058. …APPELLANT (BY SRI. RAKSHAN M.K, ADVOCATE FOR SRI. ABHIJITH M, ADVOCATE) AND: THE DIVISION CONTROLLER K.S.R.T.C, HASSAN DIVISION, HASSAN DISTRICT. …RESPONDENT (BY SRI. RADHA B.P, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.03.2021, PASSED IN MVC NO.5537/2019 ON THE FILE OF THE MEMBER, PRL. MACT, CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH- 1) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40122 MFA No. 3046 of 2021 THIS APPEAL, COMING ON FOR FINAL HEARING, 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 for enhancement of compensation arising out of judgment and award dated 26.03.2021 in MVC No. 5537/2019 passed by the Chief Judge, Court of Small Causes, Member, Principal Motor Accident Claims Tribunal at Bengaluru (SCCH-1) (for short ‘Tribunal’). 2. The date of accident, involvement of vehicle, injuries sustained as well as liability to pay the compensation are not in dispute. The only dispute is with regard to inadequate compensation. 3. Heard Sri. Rakshan M.K, learned counsel appearing on behalf of Sri. Abhijith.M, learned counsel for the appellant on record and Smt.Radha B.P, learned counsel appearing for the respondent-Corporation. - 3 - HC-KAR NC: 2025:KHC:40122 MFA No. 3046 of 2021 4. Sri. Rakshan M.K., with all vehemence submits that the appellant has sustained nasal bone fracture and septal fracture. Further at the time of examination partial loss of upper 3 incisor teeth and loss of lower incisor teeth were noted, in total six teeth. The discharge summary further discloses that the appellant had taken treatment as an inpatient from 12.08.2019 to 14.08.2018 i.e., for a period of three days he has incurred medical expenses to an extent of Rs.1,81,944/-, out of the said amount, Rs.1,14,057/- has been deposited in the Columbia Asia Hospital by the respondent. In view of the same, the medical expenses is awarded to an extent of Rs.69,115/-. 5. The Tribunal has not properly considered the case of the appellant and has erred in not awarding appropriate compensation under all the heads including the medical expenses. In view of loss of six teeth as well as septal fracture and nasal bone fracture which according to the Doctor examined on behalf of the applicant as PW-2, - 4 - HC-KAR NC: 2025:KHC:40122 MFA No. 3046 of 2021 resulted in disability at the rate of 8% to the whole body. Accordingly, sought to allow the appeal. 6. Refuting the submissions of learned counsel appearing for the appellant, Smt.Radha B.P., with all vehemence submitted that the Tribunal having considered the fact that the respondent-Corporation has deposited a sum of Rs.1,14,057/- to Columbia Asia Hospital, wherein the appellant has taken treatment and awarded the balance amount as per the bill of Rs.69,115/-. Having considered the injuries suffered and treatment taken, the Tribunal has awarded appropriate compensation under all the heads, which does not call for any interference at the hands of this Court. Accordingly, sought to dismiss the appeal. 7. Having heard the learned counsel appearing for both the parties, perused the entire appeal papers as well as trial Court record. - 5 - HC-KAR NC: 2025:KHC:40122 MFA No. 3046 of 2021 8. The only point that would arise for consideration is:- “Whether compensation awarded by the Tribunal in the facts and circumstances of the case, taking note of the year of accident, is just and proper within the meaning of ‘just compensation’?” 9. My answer to the above point for consideration is partly in the affirmative for the following reasons:- It is not in dispute that the appellant has lost six teeth as well as nasal fracture and septal fracture. As per the Doctor, who has been examined on behalf of the appellant on careful examination has found that the appellant has sustained injuries which has resulted in disability at the rate of 8% to the whole body. The reason for the disability assessed by the doctor is since the nasal bone has been fractured there is some difficulty in healing which would cause discomforts to the body, which would result non supply proper oxygen to the body, which would tend to result in weakening the resistance power is as - 6 - HC-KAR NC: 2025:KHC:40122 MFA No. 3046 of 2021 much as sufficient circulation of oxygenated blood for maintaining life as contended by learned counsel appearing for the appellant. 10. This Court is of the opinion that there is some force in the argument advanced by learned counsel appearing for the appellant. Though in normal course, there is no disability to consider for a fracture of nasal bone itself. However, considering the peculiar facts and circumstances of the case, instead of awarding compensation under each heads, awarding compensation globally will be just and proper. Hence, another sum of Rs.90,000/- is awarded globally, which would meet the ends of justice. 11. Accordingly, I proceed to pass the following:- ORDER i. The appeal is allowed in-part. ii. The appellant is entitled for a global compensation of another sum of Rs.90,000/-. It - 7 - HC-KAR NC: 2025:KHC:40122 MFA No. 3046 of 2021 shall carry interest at the rate of 6% per annum from the date petition till realization. iii. The respondent - Corporation shall deposit the enhanced compensation stated supra within six weeks from the date of receipt of copy of this order before the concerned Tribunal. iv. Upon deposit, entire amount be released in favour of appellant on proper identification. Sd/- (T.M.NADAF) JUDGE VS List No.: 1 Sl No.: 6 CT: BHK