- 1 - HC-KAR NC: 2025:KHC:45252 MFA No. 8004 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 8004 OF 2024 (MV-I) BETWEEN: SRI KARIGOWDA S/O LATE SIDDEGOWDA AGED ABOUT 58 YEARS R/AT BOPPANAHALLI VILLAGE, H MATAKERE POST, H D KOTE TALUK, MYSURU DISTRICT …APPELLANT (BY SRI. SYED ABDUL SABOOR., ADVOCATE) AND: 1. SRI SHASHIKUMAR S/O BASAVARAJU AGED ABOUT 43 YEARS R/AT SOLIGARA COLONY GUCCHEGOWDANAPURA VILLAGE, JAYAPURA HOBLI, MYSURU TALUK AND DISTRICT 570008 2. THE MANAGER THE ORIENTAL INSURANCE CO LTD MUSLIM HOSTEL BUILDING, 1ST MAIN ROAD SARASWATHIPURAM MYSURU-570 009 …RESPONDENTS (BY SMT. GEETHA RAJ, ADVOCATE FOR R2; V/O DTD 09/06/25) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45252 MFA No. 8004 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.08.2024 PASSED IN MVC NO.405/2022 ON THE FILE OF THE COURT OF PRL. SMALL CAUSES AND SENIOR CIVIL JUDGE AND MACT, MYSURU, 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 SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.405/2022 dated 17.08.2024 by the Principal Judge, Court of Small Causes & MACT, Mysuru (hereinafter referred to as the "Tribunal"), the claimant is before this Court seeking enhancement of the compensation. 2. The Tribunal has awarded the compensation as per the table given below: SL. No. Under the Heads of: Amount 1. Towards pain and sufferings : Rs. 25,000/- 2. Towards Medical Expenses : Rs. 1,02, 300/- 3. Towards diet, food, nourishment, attendant and conveyance charges : Rs. 20,000/- 4. Towards loss of future earning capacity : Rs. 4,95,000/- 5. Loss of income during liad : Rs. 45,000/- - 3 - HC-KAR NC: 2025:KHC:45252 MFA No. 8004 of 2024 up period 5. Towards loss of amenities : Rs. 20,000/- Total : Rs. 6,87,300/- 3. Learned counsel appearing for the claimant submits that as per the doctor's report, claimant sustained 85% intellectual disability and the Tribunal had considered only 25%. Hence, the compensation needs to be enhanced. It is submitted that apart from the loss of future earnings and on the other heads also, the amount of compensation that is awarded by the Tribunal is not just and reasonable. 4. Learned counsel appearing for the Insurance Company/respondent No.2 submits that the orthopedic doctor has deposed about the intellectual disability of 85%, who is not competent and the Tribunal has already considered 25% and no enhancement is required. 5. Having heard learned counsel on either side, perused the material on record. 6. When it is the case of an appellant that he suffering with an intellectual disability of 85% because of the injuries - 4 - HC-KAR NC: 2025:KHC:45252 MFA No. 8004 of 2024 sustained in the accident, he ought to have examined a doctor who is competent to depose with regard to the intellectual disability. Unfortunately, he has examined orthopedic doctor. 7. Under these circumstances, balancing the interest of both the parties and to give an opportunity to the claimant, this Court deems it appropriate to set aside the award dated 17.08.2024 passed by the Principal Judge, Court of Small Causes and MACT, Mysuru in M.V.C.No.405/2022 and remand back the matter to the Tribunal by giving liberty to the parties to adduce evidence with regard to the disability. 8. Accordingly, the appeal is allowed, the judgment and award is set aside and the matter is remanded back to the Tribunal for consideration on the following points: i. The parties shall appear before the Tribunal by 07.01.2026 without further notice. ii. Both the parties are at liberty to adduce the evidence only with regard to the disability. iii. The Tribunal shall dispose off the matter within three months from 15.12.2025. - 5 - HC-KAR NC: 2025:KHC:45252 MFA No. 8004 of 2024 iv. The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay. v. No Costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE GJM List No.: 1 Sl No.: 19