- 1 - HC-KAR NC: 2025:KHC:31905 MFA No. 4491 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4491 OF 2020 (MV-I) BETWEEN: LINGARAJANAIK S/O KRISHNANAIKA AGED ABOUT 37 YEARS, OCC: COOLIE, PRESENT NO WORK R/O SC ST HOSTEL SHAKTHI NAGAR DAVANAGERE-577 001 …APPELLANT (BY SRI. R.SHASHIDHARA, ADVOCATE) AND: 1. RAMANJANEYALU C., S/O CHANDRAPPA AGE 30 YEARS, DRIVER OF SHRI SAILA BUS BEARING REG NO.KA-16/B-2772 R/O M.G.PALYA, BOMMANAHALLI BANGALORE ANOTHER ADDRESS VEERAPPA SAMUDRA VILLAGE AMARAPURA POST, ANATHAPURA DISTRICT ANDRA PRADESH-515 001 2. KIRAN KUMAR T.S., S/O RAJASHEKARAN T.V., MAJOR OWNER OF SHRI SAILA BUS BEARING REG NO.KA-16/B-2772 R/AT CHANNAMMA NAYAKANAHALLI VILLAGE, PARASHURAMPURA POST HOLALKERE TALUK-577 526 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31905 MFA No. 4491 of 2020 CHITRADURGA DISTRICT 3. M/S NATIONAL INSURANCE CO. LTD THE DIVISIONAL MANAGER DIVISIONAL OFFICE MELAGIRI PLAZA OPP. DENTAL COLLEGE MCCB B BLOCK DAVANAGERE-577 001 …RESPONDENTS (BY SRI.RAVISH BENNI, ADVOCATE FOR R3 V/O/D 18/01/2023- NOTICE TO R1 & R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2019 PASSED IN MVC NO.16/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, VI M.A.C.T., DAVANAGERE, 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 SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.16/2018 dated 06.11.2019 by the II Addl. Senior Civil Judge and VI MACT at Davanagere whereby the Tribunal had granted compensation of an amount of Rs.74,920/-, the claimant is before this Court seeking enhancement of the compensation. 2. It is the case of the claimant that on 28.06.2017 at about 2.00 pm., in the noon, when the claimant was going on his motor cycle near APMC market, RMC yard, Davanagere. The - 3 - HC-KAR NC: 2025:KHC:31905 MFA No. 4491 of 2020 driver of Srishaila bus came in a rash and negligent manner with a high speed and hit against motor cycle. As a result he fell down and sustained injuries on his face, right leg and other parts of the body. Immediately, he was taken to CG hospital, Davanagere, wherein he underwent surgery. He took treatment as inpatient by incurring expenses. 3. According to the claimant, he had sustained fractures of Maxilla bone and according to the doctor the claimant had sustained disability at 35%. The Tribunal had disbelieved the said evidence as the disability was not assessed as per the settled procedure and he has not taken any x-ray and that opinion is not based on the x-ray. Basing on the evidence, the Tribunal had granted the compensation as per the table given below. Sl. No. Heads Compensation Awarded 1. Pain and sufferings : Rs. 50,000/- 2. Loss of amenities : Rs. 5,000/- 3. Nourishment charges : Rs. 5,000/- 4. Medical expenses : Rs. 6,918/- 5. Loss during laid up period : Rs. 8,000/- TOTAL : Rs. 74,918/- - 4 - HC-KAR NC: 2025:KHC:31905 MFA No. 4491 of 2020 4. Learned counsel appearing for the appellant/ claimant submits that when he had sustained 35% of disability, the Tribunal ought to have considered the disability and based on that the compensation ought to have been granted as such the amount needs to be enhanced. 5. Learned counsel appearing for respondent No.3/ Insurance company submits that in fact, in the Lok adalath the insurance company was ready to pay global compensation of an amount of Rs.46,000/- in addition to the compensation amount awarded by the Tribunal with interest, but the claimant was not interested to receive the same. 6. Having heard the learned counsels on either side, perused the material on record. As sought for by the appellant/ claimant the disability cannot be considered as the doctor has not assessed the disability as per the settled procedure and just like that considered the disability and the Tribunal had awarded the compensation amount. In these circumstances, when the insurance company is ready to pay global compensation of an amount of Rs.46,000/- in addition to the compensation amount awarded by the Tribunal, this Court deems it appropriate to - 5 - HC-KAR NC: 2025:KHC:31905 MFA No. 4491 of 2020 partly allow the appeal by granting compensation of an amount of Rs.46,000/- globally in addition to an amount of Rs.74,920/- which is already awarded by the Tribunal. 7. Altogether, the claimant is entitled for compensation of an amount of Rs.1,20,920/-. 8. Accordingly, the appeal of the claimant is partly allowed by granting the compensation from an amount of Rs.74,920/- to Rs.1,20,920/-. i) The apportionment of the amount shall be as per the order passed by the Tribunal. ii) The respondent No.3-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. iii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iv) No costs. - 6 - HC-KAR NC: 2025:KHC:31905 MFA No. 4491 of 2020 v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 25