- 1 - HC-KAR NC: 2025:KHC:30962 MFA No. 6485 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.6485 OF 2019(MV-I) BETWEEN: ASHOK KUMAR K.T., S/O THIMMARAJ, AGED 33 YEARS, NO.110, KANTANAKUNTE, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT. …APPELLANT (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: 1. UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD., BY ITS MANAGER, 217/A, 3RD FLOOR, KVV SAMRAT, OPPOSITE TO SAILS FACTORY, 3RD MAIN, OUTER RING ROAD, KASTURI NAGAR, BANGALORE – 560 043. 2. SHARADA G, W/O SHYAM PRASAD, AGED MAJOR, NO.167, MLA LAYOUT, Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30962 MFA No. 6485 of 2019 R.T.NAGAR MAIN ROAD, BANGALORE – 560 032. …RESPONDENTS (BY SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR R1; R2 – NOTICE DISPENSED WITH (VIDE ORDER DATED 17.03.2023) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.03.2018 PASSED IN MVC NO.971/2017 ON THE FILE OF THE XXII ASCJ & XX ACMM & MEMBER, MACT, BENGALURU [SCCH-24], 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’, for short) has been filed by the claimant being aggrieved by the judgment dated 31.03.2018 in MVC No.971/2017 passed by the Motor Accident Claims Tribunal. - 3 - HC-KAR NC: 2025:KHC:30962 MFA No. 6485 of 2019 2. Facts giving rise to the filing of the appeal briefly stated are that on 20.11.2016, the claimant was proceeding on his motorcycle bearing registration No.KA-- 01-Y-7175 from Kantanakunte towards Doddaballapura, at that time, car bearing registration No.KA-04-MM-1106 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized. 3. The claimant filed a petition under Section 166 of the Act, claiming compensation of Rs.10,00,000/-. The Tribunal considering the evidence on record award compensation amount of Rs.6,19,400/- with interest @8% p.a. from the date of petition till its realization. 4. The learned counsel for the appellant contends that the appellant has not examined the doctor before the Tribunal as such the disability was not considered by the - 4 - HC-KAR NC: 2025:KHC:30962 MFA No. 6485 of 2019 Tribunal. Ex.P.5 is wound certificate. It is further stated that he was admitted to the hospital and was inpatient for a period of 10 days and he incurred medical expenses as per Ex.P12 medical bills. Now the appellant intends to examine the doctor before the Tribunal and requires to remand the matter back to the Tribunal. 5. Considering the nature of injuries sustained by the claimant, this Court finds it just and reasonable to remand the matter to the Tribunal with a direction to adduce medical evidence. But claimant is not entitled for interest from 31.03.2018 to 07.08.2025 on any enhanced amount by the Tribunal. 6. The Tribunal is directed to dispose of the matter by duly providing an opportunity to both the parties within four weeks from the date of receipt of certified copy of this order. 7. Accordingly, the appeal is allowed. - 5 - HC-KAR NC: 2025:KHC:30962 MFA No. 6485 of 2019 8. The Registry to send back the records to the concerned Tribunal forthwith. 9. Parties to appear before the Tribunal on 28.08.2025 without awaiting further notice. SD/- (P SREE SUDHA) JUDGE HR List No.: 1 Sl No.: 51