- 1 - HC-KAR NC: 2025:KHC:37796 MFA No. 3777 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3777 OF 2017 (MV-I) BETWEEN: P MARIMUTHU NOW 67 YEARS, S/O LATE PERUMAL R/O KURUNJIGUDDE HOUSE, SULLIA KASBA, VILLAGE SULLIA TALUK DAKSHINA KANNADA DISTRICT, NOW R/O C.R.C.COLONY KOWDICHAR, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT PIN -574201 …APPELLANT (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: 1. N DAYANANDA NOW AGED 32 YEARS, SON OF N JANARDHANA GOWDA, R/O H.NO.60, PADNADKA NIDUBE HOUSE, KALMAKKARU POST AND VILLAGE, SULLIA TALUK DAKSHINA KANNADA DISTRICT PIN -574239 2. HDFC ERGO GENERAL INSURANCE CO LTD REGD CORPORATE OFFICE, 6TH FLOOR, LEELA BUSINESS PARK, ANDHERI (E) MUMBAI, PIN - 400059 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37796 MFA No. 3777 of 2017 3. MR POONACHA MAJOR, S/O DEVAIAH T.G R/O MUDDANAHALLI VILLAGE, PERIYAPATNA TALUK, MYSORE KARNATAKA PIN - 571107 …RESPONDENTS (BY SRI. D VIJAYA KUMAR, ADVOCATE FOR R-2., NOTICE TO R-1 & R-3 IS DISPENSED WITH V/O DATED 20.11.2018) *** THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.06.2016 PASSED IN MVC NO.212/2015 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K, MANGALURU, SITTING AT PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT The present appeal is filed by the injured claimant against the impugned common judgment and award dated 10.06.2016 passed by the V Additional District and - 3 - HC-KAR NC: 2025:KHC:37796 MFA No. 3777 of 2017 Sessions Judge, D.K. Mangaluru, sitting at Puttur, D.K., in M.V.C.No.212/2015. 2. The plaint averments in brief are that, the injured claimant (appellant herein) met with an accident on 03.06.2014 at about 8:30 p.m., while he was traveling in an Auto Rickshaw bearing registration No.KA-21/B-0419 from Gandhinagara towards Hale gate side of Sullia, as passenger, near Sindhura Jewelers, Shrirampete, Sullia Kasaba village, on account of the rash and negligent driving of the Maxicab bearing registration No.KA-12/M- 9984, by its driver. Due to the impact, he sustained injuries. 3. On account of the injuries sustained by him, the injured claimant filed a claim petition before the Tribunal, seeking compensation of a sum of `8,00,000/-. The Tribunal, after taking into consideration the oral and documentary evidence available on file, allowed the claim petition awarding global compensation of a sum of - 4 - HC-KAR NC: 2025:KHC:37796 MFA No. 3777 of 2017 `10,000/- with interest at the rate of 7% per annum from the date of petition till realization from respondents. 4. Being aggrieved by the said judgment and award passed by the Tribunal, the injured claimant has filed the present appeal, in which it is contended that the Tribunal ought to have awarded compensation under each head as he sustained two injuries as per Ex.P-14 and produced three medical bills, amounting to `350/-. 5. Heard the arguments from both sides. 6. To substantiate his case, the appellant examined himself as PW-2 and got marked two documents from his side as Exs.P-14 to P-15. As per Ex.P-14 - Wound Certificate, he sustained the following injuries: 1. Tenderness over the left knee joint 2. Abrasion on the left leg. 7. As per the Wound Certificate at Ex.P-14, the Doctor has opined that both the injuries are simple in nature. - 5 - HC-KAR NC: 2025:KHC:37796 MFA No. 3777 of 2017 8. It is stated that the appellant was aged about 65 years and working as an agriculturist and also rubber taping, and earning a sum of `15,000/- per month. On account of the injuries sustained, he took treatment and produced three medical bills. The Doctor has issued the Wound Certificate at Ex.P-14, wherein he has stated that the appellant has sustained two simple injuries, i.e. (i) tenderness over the left knee joint and (ii) Abrasion on the left leg. Taking into consideration the age, avocation, nature of injuries sustained, etc. this Court finds it reasonable to award a sum of `5,000/- towards pain and sufferings, `5,000/- towards loss of amenities, `5,000/- towards medical expenses and `5,000/- towards nourishment, conveyance and other incidental expenses in addition to the compensation awarded by Tribunal with 6% interest per annum. 9. Thus, the appellant would be entitled to compensation of ````30,000/- as against the global compensation of `10,000/- awarded by Tribunal with - 6 - HC-KAR NC: 2025:KHC:37796 MFA No. 3777 of 2017 interest at 6% per annum, on the enhanced compensation. 10. Accordingly, the appeal is partly allowed. The impugned common judgment and award dated 10.06.2016 passed by the V Additional District and Sessions Judge, D.K. Mangaluru, sitting at Puttur, D.K., in M.V.C.No.212/2015, is hereby modified, awarding compensation of `30,000/- as against `10,000/- awarded by Tribunal with interest at 6% per annum, on the enhanced compensation. The second respondent - Insurance Company is directed to deposit the entire compensation with interest at 6% per annum, but excluding interest for a period of 224 days in filing the appeal (as per order dated 20.11.2018 made on I.A.No.1/2017), from the date of petition till the date of realization, within one month from today. - 7 - HC-KAR NC: 2025:KHC:37796 MFA No. 3777 of 2017 On such deposit, the appellant is permitted to withdraw the entire amount. Draw the modified award accordingly. Sd/- (P SREE SUDHA) JUDGE BMV* List No.: 1 Sl No.: 17