- 1 - MFA No. 7035 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 7035 OF 2017 (MV-I) BETWEEN: MASTER MANOJ G N S/O DODDA NARAYANASWAMY AGED ABOUT 15 YEARS (SINCE THE APPELLANT IS MINOR HE IS DULY REPRESENTED BY HIS FATHER i.e., NATURAL GUARDIAN MR DODDA NARAYANASWAMY S/O CHIKKA VENKATAPPA AGED ABOUT 51 YEARS) BOTH RESIDING AT GOVALAKANAHALLI VILLAGE AVALAGURKI POST, CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT. …APPELLANT (BY SRI. HARISH BABU K.N., ADVOCATE) AND: 1. SRI SRINIVASA S R S/O LATE RAMACHANDRAIAH S.T. R/AT NO.1543, NEW NO. 2744, HEMAVATHIPETE, DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT – 561 203. 2. THE BRANCH MANAGER IFFCO TOKIO GENERAL INSURANCE CO., NO.2262, 7TH B MAIN, 3RD STAGE - 2 - MFA No. 7035 of 2017 NEAR YELAHANKA NEW BUS STAND BANGALROE – 560 106. …RESPONDENTS (BY SRI. MURALIDHAR NEGAVAR, ADVOCATE FOR R2; V/O DATED 14.09.2022 NOTICE TO R1 IS D/W) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO PASS AN ORDER BY ENHANCING THE COMPENSATION AWARD AMOUNT UNDER THE ABOVE SAID GROUNDS, BY MODIFYING THE JUDGMENT AND AWARD DATED 28.04.2017, PASSED BY THE COURT OF III ADDL. SENIOR CIVIL JUDGE, XXIX ACMM AND MOTOR ACCIDENT CLAIMS TRIBUNAL AT BANGALORE, SCCH- 18, IN MVC NO.2282/2016, BY ENHANCING THE COMPENSATION AMOUNT UNDER THE ABOVE SAID HEAD IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 12.11.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO CAV JUDGMENT This appeal is by the appellant/claimant seeking for enhancement of compensation arising out of judgment and award dated 28.04.2017 in MVC No.2282/2016, passed by the III Additional Senior Civil Judge and Motor Accident - 3 - MFA No. 7035 of 2017 Claims Tribunal at Bengaluru (SCCH-18) (for short ‘Tribunal’). 2. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. 3. The brief facts of the case are that: On 29.02.2016, at about 4.40 p.m., when the petitioner was returning from school along with his friends and proceeding towards bus stop on NH-7 road, near Reddigollavarahalli village gate, Chikkaballapura District, at that time the driver of a Car bearing Reg.No.KA-43-M- 4182 drove in a rash and negligent manner and dashed against the petitioner. As a result, petitioner sustained grievous injuries. Hence, prays to award compensation. 4. The respondent No.1 was the owner and respondent No.2 was the insurer of the offending Car. Respondents have filed their respective statement of objections denying the fact of accident as well as its liability to pay compensation and prayed to dismiss the petition. - 4 - MFA No. 7035 of 2017 5. From the rival contentions of the parties, the Tribunal had framed necessary issues. 6. The petitioner to prove his case, examined two witnesses as PWs-1 and 2 and marked 19 documents as per Exs.P-1 to P-19. The respondents have neither examined the witnesses nor got marked the documents. 7. After hearing the parties and on perusal of the documents, the Tribunal has allowed the petition in-part and awarded compensation of Rs.4,53,000/- with interest at the rate of 9% per annum from the date of petition till realization. Being aggrieved by the said award passed by the Tribunal, the claimant has filed the present appeal seeking enhancement of compensation. 8. Heard the arguments of learned counsel appearing for the appellant and respondent No.2. 9. It is not in dispute that the appellant has suffered following injuries:- 1. Contusion present on right parietal region measuring 4 x 3 cms. - 5 - MFA No. 7035 of 2017 2. Wound present over right shoulder measuring 4 x 3 cms. 3. Abrasion over right forearm measuring 1 x 5 cms. 4. Open type two comminuted fracture of proximal third shaft of right humerus. 5. Un-displaced type 1 salter harris injury to right distal radius. 10. However, it is seen that the compensation awarded under various heads are on the lower side. Taking into consideration the treatment taken and injuries suffered, we are of the considered view that the claimant would be entitled for global compensation of Rs.30,000/- in addition to what has been awarded by the Tribunal. 11. Respondent No.2 – Insurance Company shall deposit the above enhanced compensation along with interest at the rate of 6% per annum within eight weeks from the date of receipt of copy of this judgment. 12. Accordingly, I proceed to pass the following:- ORDER i. The appeal is allowed in-part. - 6 - MFA No. 7035 of 2017 ii. The judgment and award dated 28.04.2017 in MVC No.2282/2016 passed by the III Additional Senior Civil Judge & Motor Accident Claims Tribunal at Bengaluru (SCCH-18) stands modified. iii. The appellant is entitled to global compensation of Rs.30,000/- with interest at the rate of 6% per annum from the date of petition till realization. iv. The respondent No.2 – Insurance Company shall deposit the amount within a period of eight weeks from the date of award. v. Upon deposit, entire amount shall be released in favour of appellant on proper identification in terms of award. vi. No order as to costs. Sd/- (DR.K.MANMADHA RAO) JUDGE MH/-