- 1 - HC-KAR NC: 2026:KHC:16052 MFA No. 5708 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.5708 OF 2024(MV-I) BETWEEN: SRI KUMAR S., S/O SHIVANNA, NOW AGED ABOUT 47 YEARS, R/AT THIBBEGOWDANA DODDI VILLAGE, THIMMASANDRA POST, KASABA HOBLI, RAMANAGARA – 562159. …APPELLANT (BY SRI. TEJAS N.,ADVOCATE) AND: 1. SMT TEENA XAVIER, W/O SINCE POOVANNIKUNNEL GEORGE AGED ABOUT MAJOR, R/AT NO 343, MUNEESWARA TEMPLE ROAD, VSR LAYOUT, 2ND MAIN A NARAYANAPURA BENGALURU – 560016. (OWNER OF THE CAR BEARNG REG NO KA -03-NA 3810) 2. THE MANAGER UNIVERSAL SOMPO GENERAL INS CO LTD OFFICE AT NO 217/A, 3RD FLOOR KVV SAMRAT, 3RD MAIN, OUTER RING ROAD, KASTURI NAGAR, BENGALURU - 560043 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16052 MFA No. 5708 of 2024 (POLICY NO. 2311/66616883/00/000, POLICY PERIOD FROM 06-05-2022 TO 05-05-2023) …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; V/O. DATED 19.11.2024, NOTICE TO R1-DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2024 PASSED IN MVC NO. 5985/2022 ON THE FILE OF THE VIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACJM, MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the judgment and award dated 01.08.2024 passed by the VIII Additional Judge, Courtof Small Causes and ACJM and MACT, Bengaluru, in MVC No.5985 of 2022. 2. The injured claimant, aged 46 years, met with an accident on 22.10.2022, and filed a claim application claiming - 3 - HC-KAR NC: 2026:KHC:16052 MFA No. 5708 of 2024 compensation of Rs.20,00,000/-. The Tribunal, considering the entire evidence on record, granted the compensation of Rs.5,56,380/- with interest at the rate of 6% per annum from the date of petition till realisation. 3. Aggrieved with the said order, the petitioner-claimant has preferred this appeal and mainly contended that the doctor assessed the disability of the whole body as 29%, but the Tribunal has not considered the disability and not granted any amount under the head loss of future earning capacity and the amount granted under the other heads is also meagre. It is further stated that, after the disposal of the matter before the Tribunal, the petitioner underwent another surgery and incurred Rs.1,00,000/- and filed the relevant documents along with interlocutory application before this court and therefore, requested for enhancement of compensation. 4. Learned counsel for respondent requested this Court to remand the matter. - 4 - HC-KAR NC: 2026:KHC:16052 MFA No. 5708 of 2024 5. It is stated that the Tribunal has not considered the disability assessed by the doctor. Therefore, this court finds it reasonable to remand the matter with a specific direction to the Tribunal to consider the disability assessed by the doctor and also to receive the documents. 6. In the result, the following order is passed: (i) This appeal is allowed. (ii) The matter is remanded back to the Tribunal with a direction to consider the disability assessed by the doctor and also to receive the documents. (iii) The Tribunal is directed to permit both the learned counsels to adduce evidence and to submit their arguments. (iv) The Tribunal is also directed to dispose of the matter on merits by duly considering the entire evidence on record within two months from the date of this order. (v) Registry is directed to send the records to the Tribunal in ten days. - 5 - HC-KAR NC: 2026:KHC:16052 MFA No. 5708 of 2024 (vi) The parties are directed to be present before the tribunal on 15.04.2026. Sd/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 66