- 1 - HC-KAR NC: 2025:KHC:29236 MFA No. 3351 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 3351 OF 2021 (MV-I) BETWEEN: SRI. RAVIKUMAR S/O SHIVAMADAIAH AGED ABOUT 41 YEARS R/AT KEMPEGOWDANADODDI VILLAGE KASABA HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT …APPELLANT (BY SRI. RAJU S, ADVOCATE) AND: 1. SRI. RAMAKRISHANAIAH S/O SAMPANGAIAH R/AT NO.144, MAYAGANAHALLI VILLAGE KASABA HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT 2. THE UNITED INDIA INSURANCE COMPANY LTD, 1ST FLOOR RVR COMPLEX IN FRONT OF LIC OFFICE BEHIND KSRTC BUS STAND IJOOR, RAMANAGARA TOWN RAMANAGARA-572 159 …RESPONDENTS (BY VIDE ORDER DATED 10.01.2024, NOTICE TO R1 IS DISPENSED WITH; SRI. JANARDHAN REDDY, ADVOCATE FOR R2) Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29236 MFA No. 3351 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.12.2020 PASSED IN MVC NO. 509/2015 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT, RAMANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT The appellant/claimant, being aggrieved by the judgment and award dated 24.12.2020 passed in M.V.C.No.509/2015 by the III Additional District and Sessions Judge and Member, Additional MACT, Ramanagara, has preferred this appeal. 2. According to the claimant/appellant, he sustained road traffic accidental injuries on 01.09.2015 at 08.00 p.m. when he was returning home in a Maxi Cab vehicle bearing registration No.KA-09-6914 along with others. It - 3 - HC-KAR NC: 2025:KHC:29236 MFA No. 3351 of 2021 is alleged that, the driver of the said Cab was rash and negligent in driving the vehicle. In the said accident, he sustained fracture of metacarpal bones of his right hand besides abrasions. He was admitted to BGS Hospital, Ramanagara and incurred expenses of Rs.2,00,000/- towards medical charges. He has not completely recovered. Before the tribunal, both the respondents remained absent, and they were placed ex-parte. 3. The learned tribunal, on recording evidence of the claimant/appellant, held that, the said accident had taken place because of the rash and negligent driving of a Maxi Cab driver and further held that, the claimant is entitled for a global compensation of Rs.35,000/- in all towards pain and agony, medical expenses and other charges. 4. Evidently, in this case, though the claimant asserts that, he has suffered fracture of his metacarpal bone, he has not examined the doctor who has treated - 4 - HC-KAR NC: 2025:KHC:29236 MFA No. 3351 of 2021 him. He has produced just a Wound Certificate. So far as the accident is concerned, he has produced the FIR, complaint, charge sheet, IMV report and spot mahazar. The respondent No. 2 is not denying the said accident. Being aggrieved by the findings of the tribunal, no separate appeal is preferred by the Insurance Company, perhaps considering the findings with regard to the rash and negligent driving of the said Maxi Cab driver, owned by respondent No. 1 and insured with respondent No. 2. Only based upon the Wound Certificate, the tribunal has come to the conclusion that, the claimant is entitled for a compensation of Rs.35,000/- with interest. 5. On perusal of the findings of the tribunal, it shows that, this claimant has suffered fracture of his right 4th/5th metacarpals. This fact is not disputed by the respondents. In view of the injuries so sustained by the claimant, the tribunal has awarded Rs.20,000/- towards pain and suffering and minimum medical expenses at - 5 - HC-KAR NC: 2025:KHC:29236 MFA No. 3351 of 2021 Rs.10,000/- and also Rs.5,000/- towards traveling expenses. 6. *In view of the gravity of the injuries suffered by the petitioner as well as the nature of the injuries suffered by him, so also, with an frustration and inconvenience, the petitioner has to survive. The said injuries may come in the way of his day to day activities. Therefore, it is just and proper to uphold the findings of the tribunal with regard to the award of the compensation at Rs.35,000/- in all, being a global compensation. Though the counsel for the respondents submits that, the compensation is on the higher side, but as the claimant has sustained the fracture of his right 4th/5th metacarpals, he must have suffered physically, mentally and financially. Thus, claimant is entitled for another Rs.35,000/- compensation in all Rs.70,000/-. Therefore, to that extent interference is called for in this appeal. * Replaced & retyped as per Court order dated 06.08.2025 - 6 - HC-KAR NC: 2025:KHC:29236 MFA No. 3351 of 2021 7. Accordingly, the following: ORDER (i) The appeal is *allowed-in-part, upholding the award of compensation of Rs.35,000/- *making the total compensation of Rs.70,000/-* with interest at 6% per annum from the date of petition till realization. (ii) The impugned judgment and award dated 24.12.2020 passed in M.V.C.No.509/2015 by the III Additional District and Sessions Judge and Member, Additional MACT, Ramanagara, is hereby *modified*. (iii) The respondent No.2 is directed to deposit the compensation amount within 6 weeks from the date of the judgment. (iv) As the amount awarded is very meager, it shall be released to the claimant/appellant with due identification and acknowledgment digitally. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM, List No.: 1 Sl No.: 29 * Corrected vide Order dated 06.08.2025