- 1 - HC-KAR NC: 2026:KHC:34542 MFA No. 4757 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4757 OF 2020(MV-I) BETWEEN: SRI. K. THYAGARAJ AGED ABOUT 26 YEARS, S/O SRI. K. KUMARA, R/AT NO 8, AMBEDKAR NAGAR, VIJINAPURA, K.R PURAM, BANGALORE-560 016 …APPELLANT (BY SRI. PATTABI RAMAN.C, ADVOCATE) AND: 1. THE ORIENTAL INSURANCE CO.LTD., CITY BRANCH OFFICE, NO.401/2, SWASTIK MANANDI ARCADE, S.C. ROAD, SESHADRIPURAM, BANGALORE-560 020 2. SRI. K. GOVINDAN S/O KUPPUSWAMY, AGED ABOUT 45 YEARS R/AT NO.195, JOTHIPURAM, VIJAYAPURAM, K.R PURAM, BANGALORE-560 016 …RESPONDENTS (BY SRI. A.N. KRISHNASWAMY, ADVOCATE FOR R1, VIDE ORDER DATED 13.06.2022, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34542 MFA No. 4757 of 2020 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.01.2019 PASSED IN MVC NO.60/2015 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII A.C.M.M., MEMBER, M.A.C.T., MAYO HALL UNIT, BENGALURU (SCCH-19), 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 RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.1,20,000/- awarded by the Tribunal in MVC.No.60/2015 vide judgment and award dated 03.01.2019, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured are not in dispute. 3. The contention of the learned counsel for the claimant is that though the claimant has suffered grievous injuries in the accident, the Tribunal has awarded meager compensation under all the heads, as such, the impugned award warrants interference by this Court. Accordingly, he - 3 - HC-KAR NC: 2026:KHC:34542 MFA No. 4757 of 2020 prays to allow the appeal by enhancing the compensation awarded by the Tribunal. 4. Per contra, learned counsel for the insurer contends that in the absence of any medical evidence as regards the injuries sustained by the claimant in order to properly assess the disability, the Tribunal has rightly awarded a sum of Rs.1,20,000/- under different heads with interest at 6% p.a. Accordingly, he prays for dismissal of the appeal of the claimant. 5. I have given my anxious consideration to the submissions of learned counsel for both the parties and perused the material on record. 6. It is seen that the claimant has failed to produce any medical evidence to properly assess the disability sustained by him due to the accident. Although he has produced wound certificate, neither he has examined the author of the same, nor has produced any supporting documents. Further, the claimant has failed to produce any document to prove that due to the injuries sustained, he cannot do any work as earlier and as such, he lost his - 4 - HC-KAR NC: 2026:KHC:34542 MFA No. 4757 of 2020 earnings. On the other hand, the respondents have also failed to disprove the occurrence of the accident. In view of the same, I deem it just and appropriate to award a compensation of Rs.80,000/- globally, in addition to what has been awarded by the Tribunal i.e., Rs.1,20,000/-. Thus, the claimant is held entitled to a total compensation of Rs.2,00,000/- as against Rs.1,20,000/-. However, no interest is awarded on the additional global compensation. 7. The insurer is directed to deposit the amount of additional compensation awarded within six weeks from the date of receipt of a certified copy of the judgment. 8. Accordingly, in modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 38