- 1 - HC-KAR NC: 2025:KHC:28587 MFA No. 3778 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.3778 OF 2025(MV-I) BETWEEN: H. N. SIDDARAMANNA, S/O. LATE H. K. NANJAPPA, AGED ABOUT 52 YEARS, R/AT NO.147, 1ST FLOOR, 1ST MAIN, 2ND STAGE, M BLOCK, BEHIND POOJA BAKERY, KUVEMPUNAGARA, MYSORE-570 015. …APPELLANT (BY SRI. SREENIVASAN M. Y., ADVOCATE) AND: 1. SHIVAPRASAD H. R., S/O RAVIKUMAR, MAJOR, R/AT GEJJALAGERE VILLAGE, MADDUR TQ, MANDYA DIST-571 421. 2. BRANCH MANAGER, UNIVERSAL SAMPO GENERAL-INSURANCE CO. LTD., 1ST FLOOR, SUNNY CENTRE, NO.201-208, CRYSTAL PLAZA, INFINITY MALL, LINK ROAD, ANDHERI (WEST), MUMBAI-400 058. …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2 (VC); V/O. DATED 17.06.2025, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28587 MFA No. 3778 of 2025 THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 10.01.2025 PASSED IN MVC NO.508/2023 ON THE FILE OF THE ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MACT, MYSURU, 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 DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri.Sreenivasan.M.Y, learned counsel for the appellant who appears physically before this Court. Also heard Sri.D.Vijaya Kumar, learned counsel for respondent No.2 who appears through video conference. 2. Dissatisfied with the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Mysuru through orders in MVC No.508/2023 dated 10.01.2025, the claimant is before this Court seeking enhancement of compensation. 3. The only point urged and argued by the learned counsel for the appellant is that the appellant sustained - 3 - HC-KAR NC: 2025:KHC:28587 MFA No. 3778 of 2025 grievous injuries in a road traffic accident and as per the evidence of Pw.2 the appellant is suffering with 15% of physical disability in respect of left lower limb. Pw.2 also stated that the appellant is in requirement of a sum of Rs.80,000/- to Rs.1,00,000/- for undergoing another surgery for removal of implant. However, the Tribunal granted a sum of Rs.20,000/- only under the head future medical expenses and therefore, the Court may award justifiable sum as compensation under the said head. Sri.D.Vijay Kumar, learned counsel for respondent No.2 submits that there may be marginal enhancement. 4. Having considered the nature of injuries sustained by the appellant which resulted in permanent physical disability and as Pw.2 who assessed the disability clearly deposed that the appellant needs a sum of Rs.80,000 to Rs.1,00,000/- for undergoing another surgery for removal of implants, this Court is of the view that globally a sum of Rs.40,000/- is required to be granted additionally to meet future medical requirements. - 4 - HC-KAR NC: 2025:KHC:28587 MFA No. 3778 of 2025 5. Thus, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Mysuru through orders in MVC No.508/2023 dated 10.01.2025 is enhanced by Rs.40,000/-. (iii) Respondent No.2 is directed to deposit the enhanced sum within a period of 8(eight) weeks from the date of receipt of certified copy of this order. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 39