- 1 - HC-KAR NC: 2026:KHC:13466 MFA No. 6908 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 6908 OF 2018 (MV-I) BETWEEN: SANTHOSH KUMAR P C S/O CHANNAREDDY, R/AT PILLEKERANAHALLI, CHITRADURGA TALUK-577501 …APPELLANT (BY SRI. R.SHASHIDHARA, ADVOCATE; V/O DTD 10/3/25 NOTICE TO R1 IS D/W) AND: 1. B GNANENDRA PRASAD S/O BABU RAJENDRA PRASAD, R/AT SHIVANARADAMUNI, NEAR JAYADEVA STORES, TAMATAKAL ROAD, CHITRADURGA-577501 2. THE BRANCH MANAGER RELIANCE INSURANCE CO.LTD., Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13466 MFA No. 6908 of 2018 1ST AND 2ND FLOOR, MAGANUR COMMERCIAL COMPLEX, NEAR KSRTC BUS STAND, P.B.ROAD, CHITRADURGA-577501 …RESPONDENTS (BY MS. SONALI, ADVOCATE FOR SRI. D.VIJAYAKUMAR, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17/03/2018, PASSED IN MVC NO.377/2017, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, 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 MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:13466 MFA No. 6908 of 2018 ORAL JUDGMENT This appeal is filed by the injured/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 17.03.2018 passed in MVC No.377/2017 by the II Additional Senior Civil Judge and Additional MACT-V, Chitradurga (hereinafter be referred to as 'Tribunal' for short). 2. Sri.R.Shashidhara, learned counsel appearing for the appellant submits that the Tribunal has erred in awarding meager compensation of Rs.83,000/-. It is submitted that the appellant-injured was working as a police constable and as is evident from the Ex.P-5, the injuries are serious in nature and award of compensation under the head of pain and suffering, conveyance etc., is on lower side. It is submitted that Ex.P-54 photographs clearly indicates that the victim has suffered pain and suffering for quite some time. Hence, he seeks to enhance the compensation appropriately and allow the appeal. 3. Per contra, Sri.D.Vijayakumar learned counsel appearing for respondent No.2 submits that the perusal of Ex.P-5 clearly reveals that the injuries are lacerated and there - 4 - HC-KAR NC: 2026:KHC:13466 MFA No. 6908 of 2018 is no fracture as such. Hence, the award of compensation by the Tribunal is just and proper which does not call for any enhancement. Hence, he seeks to dismiss the appeal. 4. I have heard the arguments of the learned counsel for the appellant, learned counsel for the respondents and perused the material on record. 5. The Tribunal has awarded compensation of Rs.15,000/- under the head of pain and suffering, Rs.5,000/- towards conveyance, nourishment and attendant charges and Rs.48,157/- under the head of medical bills. 6. I have perused the finding of the Tribunal and evidence on record. It is to be noticed that though the Ex. P-5- Wound Certificate indicates the injuries are lacerated over the right ankle with a peroneal EDL tender injury. The photographs produced before the Tribunal at Ex.P-54 and Ex.P-55 indicates the nature of injuries suffered. Considering the same, I am of the considered view that the compensation is required to be reassessed by awarding additional compensation of Rs.30,000/- to the claimant. - 5 - HC-KAR NC: 2026:KHC:13466 MFA No. 6908 of 2018 7. In the result, this Court proceeds to pass the following:- ORDER i) Appeal is allowed in part. ii) The impugned judgment and award dated 17.03.2018 passed by the Tribunal is modified. iii) The additional compensation amount of Rs.30,000/- shall carry interest at the rate of 6% p.a. from the date of petition till its realization of the amount. iv) The Insurance Company shall deposit the additional amount with interest in six weeks. v) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE VS List No.: 1 Sl No.: 10