- 1 - HC-KAR NC: 2025:KHC:43559 MFA No. 1248 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1248 OF 2024 (MV-I) BETWEEN: SRI. ARUN B., S/O LATE BORAIAH AGED ABOUT 40 YEARS R/AT FF7, SAI JAYADURGA APARTMENT NEAR GOPAL SWAMY SCHOOL LAKSHMIPURAM MYSOURU – 570 029 …APPELLANT (BY SRI. UDAYA KUMAR R.L., ADVOCATE) AND: 1. THE MANAGER HDFC ERGO GENERAL INSURANCE CO. LTD., NO.2/1, 2ND FLOOR 11TH MAIN ROAD 3RD BLOCK, OPP. JAYANAGAR CLUB BENGALURU – 560 011 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43559 MFA No. 1248 of 2024 2. MR. MUJASSIM S/O LATE REHAMAN SHARIFF HOUSE NO.107/B, MEDAR BLOCK 2ND CROSS, BAMBOO BAZAR MYSURU – 570 001 …RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R1 V/O/D 31/05/2024- NOTICE TO R2 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.02.2023 PASSED IN MVC NO. 4525/2021 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:43559 MFA No. 1248 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.4525/2021 dated 09.02.2023 by the I Additional Small Causes Judge & ACMM & MACT, Bengaluru, whereby the Tribunal had granted global compensation of an amount of Rs.1,50,000/- with interest at 6% p.a., from the date of petition till realization, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition was filed seeking compensation of an amount of Rs.30,00,000/- for the injuries sustained by the claimant in the accident. It is the case of the claimant that on 16.07.2021 at about 10:00 p.m., when he was riding motorcycle on SayyagiRao Road from Highway Circle towards to deaf and dumb School infront of City Cars Store at Mysuru City, at that time the driver of auto rickshaw driven by its driver at high speed, dashed to his motorcycle. Due to which he fell down on the road, by that time the lorry driven by its driver at high speed and ran away on his legs and he sustained grievous injuries. 3. Learned counsel appearing for the claimant submits that because of the accident, he sustained permanent disability - 4 - HC-KAR NC: 2025:KHC:43559 MFA No. 1248 of 2024 and he was in hospital for 29 days. Further, he had spent huge amount towards hospital charges. All these aspects were not considered by the Tribunal. The Tribunal had granted global compensation only on the ground that the doctor was not examined. It is submitted that the compensation needs to be enhanced. 4. Learned counsel appearing for the respondent No.1/Insurance Company submits that the Tribunal had rightly granted the compensation and there are no grounds to interfere. 5. Having heard the learned counsels on either side, perused the entire material on record. Due to the accident, the claimant had sustained Extensive Crush Injury right lower limb with DE gloving injury foot hypertension and underwent operation. No doubt, the doctor was not examined. According to the claimant, he took treatment as inpatient from 16.07.2021 to 13.08.2021 and again from 18.10.2021, i.e., for a period of 29 days and he has produced 46 medical bills for an amount of Rs.87,965/-. Considering all these aspects and the fact that the claimant had sustained crush injury and he was in the hospital for a period of 29 days and also considering the - 5 - HC-KAR NC: 2025:KHC:43559 MFA No. 1248 of 2024 medical bills for an amount of Rs.87,965/-, this Court deems it appropriate to grant an amount of Rs.85,000/- in addition to what has been awarded by the Tribunal without interest i.e., an amount of Rs.2,35,000/- (Rs.1,50,000+Rs.85,000). 6. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.1,50,000/- to Rs.2,35,000/-. i. The respondent No.1 - Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. ii. On 29.10.2025, the delay of 266 days is condoned by this court. The Insurance company is not liable to pay the interest for the delayed period. iii. No costs. iv. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 4 Sl No.: 13 * Page No.5 is retyped and replaced vide chamber order dated: 04/12/2025.