- 1 - HC-KAR NC: 2025:KHC:26991 MFA No. 7474 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 7474 OF 2015 (MV-I) BETWEEN: MR. LINGE GOWDA M.D, S/O DASE GOWDA, AGED ABOUT 37 YEARS, R/AT. C/O LAKAPPA, NO.55, 2ND CROSS, ALUR POST, DASANAPURA HOBLI, KUDAREGERE COLONY, BANGALORE NORTH DISTRICT - 562 123. OLD ADDRESS: MOODALA PALYA, SOLUR HOBLI, MAGADI TALUK, UDUKUNTE POST, BANGALORE. …APPELLANT (BY SMT. BHANU H.M, ADVOCATE) AND: 1. MR. JAGADISH, S/O SHIVALINGAIAH, R/AT NO. 195, OLD NO. 1174, PIPELING ROAD, GAYATHRI TEMPLE ROAD, YESHWANTHPUR, BANGALORE - 560 022. 2. UNITED INDIA INSURANCE CO. LTD., NO.1114/63, 2ND FLOOR, THAKUR COMPLEX, S.C. ROAD, Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26991 MFA No. 7474 of 2015 YESWANTHPUR, BANGALORE - 560 022. …RESPONDENTS (BY SRI. B.A. RAMAKRISHNA, ADVOCATE FOR R2; VIDE ORDER DATED 24.04.2018, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.04.2014 PASSED IN MVC NO.3136/2012 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES AND MEMBER MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, 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 against the judgment and award dated 03.04.2014 in M.V.C.No.3136/2012 passed by the XXII Additional Small Causes Judge and MACT, Bangalore (for short `Tribunal'), for enhancement of compensation. - 3 - HC-KAR NC: 2025:KHC:26991 MFA No. 7474 of 2015 2. For the sake of convenience, the parties are referred to as per the ranking before the Tribunal. 3. The brief facts of the case are that, on 02.07.2009, at about 10.45 A.M., while the claimant was getting down from maxi cab on the left side of the road on NH-4, Nelagadaranahalli cross; he met with an accident due to rash and negligent driving of the Lorry bearing registration No.KA-04-4599 by its driver and as a result, he sustained injuries. He took treatment as an in-patient for a month and spent more than Rs.90,000/- towards medical & incidental expenses and Rs.20,000/- towards food, conveyance and nourishment. He was working as a Tailor in Mittal Clothing Company and earning Rs.12,000/- per month. Due to injuries sustained in the accident, he was unable to work. With these reasons, he prayed to award a compensation of Rs.10,00,000/-. 4. Respondent No.1 is the owner and respondent No.2 is the insurer of the offending Lorry. Respondent - 4 - HC-KAR NC: 2025:KHC:26991 MFA No. 7474 of 2015 Nos.1 and 2 appeared before the Tribunal. Respondent No.2 filed written statement denying the contents of the claim petition and also denied its liability to pay the compensation and prayed to dismiss the claim petition. 5. The Tribunal framed necessary issues on the basis of pleadings of both the parties. 6. The claimant to prove his case examined himself as P.W.1 and got marked Exs.P1 to 14. Respondents have not led any evidence. 7. The Tribunal after hearing both the parties and appreciating the materials available on record, held that accident occurred due to rash and negligent driving of the Lorry by its driver and awarded a global compensation of Rs.8,500/- under the head pain and sufferings and part of medical expenses. Aggrieved by the same, the claimant has filed this appeal seeking enhancement of compensation. - 5 - HC-KAR NC: 2025:KHC:26991 MFA No. 7474 of 2015 8. I have heard the arguments of learned counsel for the appellant as well as learned counsel for respondent No.2 and anxiously perused the material available on record. 9. The claimant has produced the wound certificate at Ex.P7 and discharge slip at Ex.P8 and also some of the medical bills, totally amounting to Rs.1,040/-. It appears, he also took follow up treatment. Ex.P8 indicates that he sustained blunt injury to abdomen and open wound in right Lumbar region with omental prolapse. He underwent treatment as an in-patient from 02.07.2009 to 30.07.2009. He underwent surgery for draining of blood collected in the abdomen. 10. In Ex.P8, doctor has noted regarding diagnosis as well as operation and it reads as under: "Diagnosis: Hemoperitoneum present Omental Prolapsi in the right Lumbar region Haematoma in the muscular plane of right back. Pt. was in ICU for 1 week. - 6 - HC-KAR NC: 2025:KHC:26991 MFA No. 7474 of 2015 Operation done: on 02.07.2009 emergency laparotomy was done 1500 ml of blood evacuated, Livery injury noted patched with Spongestan. Haematoma in the right back evacuated. 500 mL blood evacuated through an incision in the lumbar region. Chip fracture of right Iliac Crest noted. Haematoma of right and left Thigh treated conservatively. All other intra-abdominal organs normal. Secondary suturing of right Lumbar region done on 24.07.2009. 11. All these facts indicate that the injuries sustained by the claimant were not simple in nature. Although Ex.P7 mentions that the injuries are simple, if that were truly the case, there would have been no need for the claimant to undergo surgery, receive treatment for nearly 30 days, including one week in the ICU. Therefore, compensation awarded under the head 'pain and sufferings' is on a much lower side. 12. When the claimant was admitted in the hospital as in-patient for a month, someone would have attended him in the hospital and he must have been under special diet due to injury in the abdomen. Considering these - 7 - HC-KAR NC: 2025:KHC:26991 MFA No. 7474 of 2015 facts, the amount of compensation awarded by the Tribunal is on the lower side and it requires enhancement. Considering all the above materials, claimant is entitled to enhancement of global compensation of Rs.50,000/-. 13. For the aforesaid discussion, I proceed to pass the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 03.04.2014 in M.V.C.No.3136/2012 passed by the XXII Additional Small Causes Judge and MACT, Bangalore, is modified; iii) Claimant is entitled to enhanced compensation of Rs.50,000/- with interest at the rate of 6% p.a. from the date of claim petition till its realisation; iv) Respondent No.1 shall deposit the said amount within a period of six weeks from the date of award. v) The entire enhanced compensation amount shall be released in favour of the appellant on proper identification. - 8 - HC-KAR NC: 2025:KHC:26991 MFA No. 7474 of 2015 iv) Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE YN List No.: 1 Sl No.: 14 CT: BHK