- 1 - HC-KAR NC: 2025:KHC:52301 MFA No. 2150 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 2150 OF 2022 (MV-I) BETWEEN: VASANTH M, S/O MUNIRAJU, NOW AGED ABOUT 29 YEARS, R/AT A BLOCK 12-K H.D.C COLONY SUDAMANAGARA ANEKAL BANGALORE-562 106. …APPELLANT (BY SRI.RANGEGOWDA N.R.,ADVOCATE) AND: 1. THE TATA AIG GENERAL INSURANCE COMPANY LTD., J.P AND DEVI JAMBUKESHWARI, ARCADE, MILLER ROAD, BANGALORE-560 052. 2. DEEPAK, AGED MAJOR, R/AT NO.13-5, PAMPA MAHAKAVI ROAD, SHANKARAPURAM, BANGALORE-560 004. …RESPONDENTS (BY SRI. MALLIKARJUN REDDY., ADVOCATE FOR SRI.PRADEEP B., ADVOCATE FOR R1, VIDE ORDER DATED 05/03/2022, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52301 MFA No. 2150 of 2022 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.28.12.2021 PASSED IN MVC NO.5170/2018 ON THE FILE OF THE 12TH ADDITIONAL ACMM, COURT, MACT, BENGALURU, (SCCH-08), 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 UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant against judgment and award dated 28.12.2021 passed by the 12th Addl.ACMM and Small Causes Court and MACT, Bengaluru (SCCH-08) (for short `Tribunal'), in MVC No.5170/2018, seeking enhancement of compensation. 2. Though this appeal is slated for admission, with consent of learned advocates appearing for both the sides, it is taken up for final disposal. 3. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. - 3 - HC-KAR NC: 2025:KHC:52301 MFA No. 2150 of 2022 4. The brief facts of the case are that, 03.05.2018 at about 11.00 p.m, the claimant met with an accident due to rash and negligent driving of Maxicab bearing registration No.KA-51-B-5888 by its driver at Halechandapur bus stand in Anekal taluk. As a result, the claimant sustained grievous injuries. He has spent substantial amount towards medical expenses. Due to the injuries sustained in the accident, he has suffered permanent disability. With these reasons, the claimant prayed for compensation. 5. The respondent No.1 was the insurer and respondent No.2 was the owner of the offending Maxicab. Both the respondents appeared before the Tribunal and filed their respective written statement denying the petition averments. Respondent No.1 denied its liability to indemnify the owner on the ground of violation of terms and conditions of the policy. Respondent No.2 further stated that the said vehicle was insured with respondent - 4 - HC-KAR NC: 2025:KHC:52301 MFA No. 2150 of 2022 No.1 and in the event of awarding the compensation, respondent No.1 be directed to pay the same. 6. From the rival contentions of the parties, the Tribunal framed necessary issues. 7. The claimant to prove his case, examined one witnesses as PW-1 and marked 10 documents, as per Exs.P-1 to P-10. Respondents have not lead any oral or documentary evidence. 8. The Tribunal after hearing both parties and appreciating the evidence on record, by the impugned judgment, awarded the following amount of compensation: Particulars Amount in Rs. Pain and sufferings 15,000 Food and nourishment and conveyance and attendant charges 10,000 Medical expenses 74,942 Loss of income during laid up period 18,000 Total 1,17,942 - 5 - HC-KAR NC: 2025:KHC:52301 MFA No. 2150 of 2022 Being aggrieved by the said award passed by the Tribunal, the claimant has filed the present appeal seeking enhancement of compensation. 9. Heard the arguments of the learned counsel appearing for the claimant as well as the insurer. 10. Learned counsel for the appellant/claimant contended that the compensation awarded by the Tribunal is inadequate; The Tribunal has not considered the income of the claimant properly and the disability assessed is also on the lower side; The compensation awarded under other heads are also on the lower side. Hence, prayed for enhancement of the compensation. 11. Learned counsel for respondent No.1-insurer submitted that the Tribunal has properly considered the case of the claimant and has awarded a just and reasonable compensation, which does not call for any interference by this Court and prayed for dismissal of the appeal. - 6 - HC-KAR NC: 2025:KHC:52301 MFA No. 2150 of 2022 12. Fact of the accident is not in dispute. The Tribunal after appreciating the evidence on record, held that the accident occurred due to the negligence of driver of the Maxicab, which is not in dispute by either side. Hence, there is no need to reconsider the same. 13. On re-appreciation of the materials available on record, the amount of compensation awarded under the head pain and suffering is on the lower side. The Tribunal in paragraph No.14 of the impugned judgment has stated about injuries and no need to repeat them. The Tribunal has not awarded any amount of compensation towards loss of amenities. The amount of compensation awarded under the head loss of income during the laid up period and attendant charges, special diet, are also on the lower side. On reconsideration of the materials available on record, the claimant is entitled to enhancement of global compensation of Rs.50,000/-, on all the heads. 14. In the result, I proceed to pass the following: - 7 - HC-KAR NC: 2025:KHC:52301 MFA No. 2150 of 2022 ORDER i) The Appeal is allowed-in-part. ii) The judgment and award dated 28.12.2021 passed by the MACT, 12th Addl.ACMM Court, Bengaluru, in MVC No.5170/2018 stands modified; iii) The claimant is entitled to enhanced global compensation of Rs.50,000/- with interest at the rate of 6% p.a., from the date of petition till its realization. iv) The respondent No.1 - Insurance Company shall deposit the amount within a period of six weeks from the date of award. v) The remaining portion of the award of the Tribunal shall remain unaltered. vi) Amount enhanced is marginal, therefore, entire enhanced amount is ordered to be released in favour of the claimant on due identification. vi) Draw award accordingly. - 8 - HC-KAR NC: 2025:KHC:52301 MFA No. 2150 of 2022 Registry is directed send a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 23