- 1 - HC-KAR NC: 2025:KHC:46797 MFA No. 4542 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO.4542 OF 2021 (MV-I) BETWEEN: NARAYANA RAO S/O EROJI RAO, AGED ABOUT 41 YEARS, R/O HULIYAR TOWN, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT-576 201. …APPELLANT (BY SRI. M.V. MAHESWARAPPA, ADVOCATE) AND: 1. RENUKAMURTHY S/O LATE SHIVALINGAPPA, MAJOR IN AGE, R/AT NO.531/5, SUMUKA, 12TH 'A' MAIN, 14TH 'A' CROSS, A-SECTOR, YELAHANKA NEW TOWN, BENGLAURU-560 092. 2. THE BRANCH MANAGER, M/S. NATIONAL INSURANCE CO.LTD., KASTURI MANSION, M.G.ROAD, ABOVE CORPORATION BANK, BEHIND KRISHNA TALKIES, TUMKUR-572 101. …RESPONDENTS (BY SRI. H.C. BETRUR, ADVOCATE FOR R2, R1 IS SERVED AND UNREPRESENTED) Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46797 MFA No. 4542 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.10.2019 PASSED IN MVC NO. 1168/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C. AND XIX MACT, CHIKKANAYAKANAHALLI, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant challenging the judgment and award dated 19.10.2019 passed by the Senior Civil Judge and JMFC & XIX MACT., at Chikkanayakanahalli, (for short `Tribunal'), in MVC No.1168/2018 seeking enhancement of compensation. 2. Though this appeal is slated for admission, with the consent of learned advocates appearing for both the sides, it is taken up for final disposal. 3. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 4. The brief facts of the case are that, on 21.04.2012, the claimant met with an accident by involvement of the car bearing registration No.KA-05-ME- - 3 - HC-KAR NC: 2025:KHC:46797 MFA No. 4542 of 2021 6771. Due to the impact, the claimant sustained grievous injuries. He took treatment in various Hospitals in Huliyar. He has spent substantial amount towards medical expenses. Due to the injuries sustained in the accident, he has spent substantial amount towards medical expenses. He has suffered permanent disability. With these reasons, the claimant has prayed for awarding of compensation. 5. The respondent No.1 was the owner and respondent No.2 was the insurer of the offending motorcycle. Respondent No.1 remained ex parte before the Tribunal. Respondent No.2 appeared and filed its written statement denying the contentions of the claim petitioner and also denied its liability to pay the compensation. With these reasons, it prayed to dismiss the claim petition. 6. From the rival contentions of the parties, the Tribunal framed necessary issues. 7. The claimant to prove his case, examined two witnesses as PW-1 and PW-2 and marked documents, as per - 4 - HC-KAR NC: 2025:KHC:46797 MFA No. 4542 of 2021 Exs.P-5 and P-6. Respondent No.2 has not lead any oral or documentary evidence. 8. The Tribunal after hearing both the parties and appreciating the evidence on record, held that the accident was proved but rejected the claim petition on the basis of the law laid down by this Court in the case of B.H.Rangaiah vs. H.R.V.Basavaraju & another1. 9. Being aggrieved by the order of dismissal, the claimant has preferred this appeal. 10. I have heard the arguments of learned counsel for both the sides. 11. It is not in dispute that the claimant met with an accident and sustained simple injuries. It appears that two persons sustained injuries in a common accident. Both of them filed claim petitions in MVC.No.1171/2018 and 1168/2018. Both the petitions were disposed of by the common judgment and award, which is impugned. In 1 ILR 2000 KAR 1803 - 5 - HC-KAR NC: 2025:KHC:46797 MFA No. 4542 of 2021 the connected matter, the Tribunal has already awarded compensation. However, it appears that at the time of argument of this case, learned counsel for insurer has produced a judgment in B.H.Rangaiah (referred supra) and relying on the same the Tribunal rejected the claim petition. 12. The compensation has to be awarded as per the provisions of Section 165 of the Motor Vehicles Act, which reads as under: "165. Claims Tribunals.- (1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both. (2) A Claims Tribunal shall consist of such number of members as the State Government may think fit to appoint and where it consists of two or more members, one of them shall be appointed as the Chairman thereof. - 6 - HC-KAR NC: 2025:KHC:46797 MFA No. 4542 of 2021 (3) A person shall not be qualified for appointment as a member of a claims Tribunal unless he- (a) is, or has been, a Judge of a High Court, or (b) is, or has been a District Judge, or (c) is qualified for appointment as a High Court Judge. (4) Where two or more Claims Tribunals are constituted for any area, the State Government , may by general or special order, regulate the distribution of business among them." (Emphasis Supplied) The said Section referred above does not make any difference regarding simple injury or grievous injuries. It only states that if, due to the involvement of a vehicle, any person dies, sustains bodily injury, or suffers damage to property, such a person is entitled to compensation, and in the case of death, the legal representatives are entitled to be compensated. Therefore, the fact that the claimant sustained only simple injuries is not a ground to deny his right to claim compensation under Section 165 of the Motor Vehicles Act. - 7 - HC-KAR NC: 2025:KHC:46797 MFA No. 4542 of 2021 13. The gravity of an injury will be determined by the doctor with reference to the provisions of the Indian Penal Code, since such medical certificate is required to file charge sheet by the police. Under Section 320 IPC, the injuries specified therein are treated as grievous injuries, and all other injuries are considered simple in nature. On that basis, while issuing wound certificate, nature of injuries will be mentioned. Basing on such wound certificate, the Investigating Officer will file the charge sheet either under Section 337 IPC or 338 of IPC. However, this classification has no bearing on the rights of the claimant to claim compensation under Section 165 of the Motor Vehicles Act except for assessment of the quantum of compensation. The law laid down in the case of Rangaiah (referred supra) is not applicable to the facts of the present case. It is observed in that judgment that in cases of minor or trivial injuries, assessment of compensation may not be required. Therefore, dismissal of - 8 - HC-KAR NC: 2025:KHC:46797 MFA No. 4542 of 2021 the claim petition by the Tribunal on that basis is erroneous. 14. The learned counsel for respondent-insurer has produced the file containing the wound certificate of the claimant. It shows that claimant had sustained lacerated wound of 3cm x 1 cm over left eyebrow, abrasion injury on forehead, abrasion injury on left eye, abrasion injury on left hand and third and fourth finger, abrasion injury on the left. Left wrist and hand, abrasion injured in the left foot. All the above said injuries were simple in nature. Considering the injuries sustained and treatment taken, the claimant is entitled to compensation. 15. Therefore, the findings of the Tribunal in this regard is set aside. Claimant is entitled for global compensation of Rs.40,000/- with interest at the rate of 6% per annum from the date of claim petition till its realization. 16. Undisputedly, respondents are liable to pay the compensation. - 9 - HC-KAR NC: 2025:KHC:46797 MFA No. 4542 of 2021 17. In the result, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 19.10.2019 passed by the Senior Civil Judge and JMFC & XIX MACT., at Chikkanayakanahalli, in MVC No.1168/2018, stands modified. iii) The claimant is entitled to global compensation of Rs.40,000/-, with interest at the rate of 6% p.a., from the date of petition till its realization. iv) The respondent 2 - Insurance Company shall deposit the amount within a period of six weeks from the date of award. v) Amount of compensation awarded is meagre, therefore, entire amount is ordered to be released in favour of the claimant on due identification. vi) Draw award accordingly. - 10 - HC-KAR NC: 2025:KHC:46797 MFA No. 4542 of 2021 Registry is directed to send a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 35