- 1 - HC-KAR NC: 2026:KHC:22926 MFA No. 7532 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 7532 OF 2019 (MV-I) BETWEEN: S.T. YELLAESH S/O. THIMMASHETTY S.V AGED ABOUT 50 YEARS, R/AT KEMPEGOWDA ROAD, BELUR TOWN, BELUR, HASSAN DISTRICT - 573 201. …APPELLANT (BY SRI. JAGADEESH H.T, ADVOCATE) AND: 1. B.M. RANGANATH S/O. LATE MANJAPPA AGED ABOUT 47 YEARS, GUNAKERI STREET, BELUR TOWN, BELUR, HASSAN DISTRICT - 573 201. 2. THE MANAGER M/S. UNITED INDIA INSURANCE CO., LTD., GANGHI BAZZER CIRCLE, B.M. ROAD, HASSAN - 573 201. …RESPONDENTS (BY SMT. MANJULA N. TEJASWINI, ADVOCATE FOR R2; VIDE ORDER DATED 24.06.2025, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22926 MFA No. 7532 of 2019 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.03.2019 PASSED IN MVC NO. 1040/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T., BELUR, 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 ORAL JUDGMENT This appeal is filed by the injured/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 15.03.2019 passed in M.V.C.No.1040/2017 by the Court of Senior Civil Judge and MACT, Belur (for short, ‘Tribunal’). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. - 3 - HC-KAR NC: 2026:KHC:22926 MFA No. 7532 of 2019 3. Heard Sri. Jagadeesh H.T., learned counsel for the appellant and Smt. Manjula N. Tejaswi, learned counsel for respondent No.2. 4. It is to be noticed that the appellant met with a road accident on 22.02.2017 and sustained grievous injuries and suffered fracture of 3rd and 4th metatarsal. He was hospitalized for a period of 11 days. Considering the oral and documentary evidence on record, the Tribunal has awarded total compensation of Rs.1,29,000/-. 5. It is to be noticed that the appellant has not examined the doctor nor produced medical records to substantiate the disability. In the absence of the same, the Tribunal has not awarded any compensation under the head of 'loss of future income due to disability'. It is also to be noticed that the Tribunal has awarded compensation to the injured under the heads of 'pain and suffering', 'loss of income during laid up period', 'medical expenses', 'loss of amenities' and 'vehicle repair charges'. It is further - 4 - HC-KAR NC: 2026:KHC:22926 MFA No. 7532 of 2019 noticed that the award of compensation under the head of 'loss of income during laid up' and 'loss of amenities' are on the lower side. Instead of enhancing the same on each head, it would be just and appropriate to award additional compensation of Rs.35,000/- as a global compensation, in addition to what has been awarded by the Tribunal. Accordingly, an additional compensation of Rs.35,000/- is awarded to the appellant-claimant. 6. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed. The additional compensation amount of Rs.35,000/- shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. The respondent No.2 - Insurance Company shall deposit the additional compensation along with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. - 5 - HC-KAR NC: 2026:KHC:22926 MFA No. 7532 of 2019 On such deposit, the additional compensation amount along with accrued interest shall be released in favour of the appellant-claimant. Registry shall draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE KA List No.: 1 Sl No.: 10