- 1 - HC-KAR NC: 2026:KHC:34219 MFA No. 5283 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 5283 OF 2022 (MV) BETWEEN: SRI. G.A SHAMANTH S/O ASHWATHAPPA G AGED ABOUT 23 YEARS R/AT WARD NO.22 KELGINATHOTA, H.S GARDEN VALMIKI NAGAR CHIKKABALLAPUR …APPELLANT (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: 1. SRI PRASANNA KUMAR B S/O BASAVARAJU R/A DEVISHETTYHALLI VILLAGE YALUVANAHALLI POST CHIKKABALLAPUR TALUK & DISTRICT 2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD., NO.141, V FLOOR, SHANTHI TOWERS EAST OF NGEF LAYOUT KASTURI NAGAR BENGALURU - 560 043 …RESPONDENTS (BY SRI. S. KRISHNA KISHORE, ADVOCATE FOR R2, VIDE ORDER DATED 16.04.2026, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34219 MFA No. 5283 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2022 PASSED IN MVC NO.2957/2019 ON THE FILE OF THE VIII ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU SCCH-5, 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.50,000/-awarded by the Tribunal in MVC.No.2957/2019 on 24.03.2022, 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 failed to award compensation under different heads, as such, the impugned award warrants interference by this Court. Accordingly, he - 3 - HC-KAR NC: 2026:KHC:34219 MFA No. 5283 of 2022 prays to allow the appeal by enhancing the compensation awarded by the Tribunal. 4. Per contra, learned counsel for the insurer contends that the Tribunal, in the absence of any evidence as regards the claimant being injured grievously, has rightly awarded a sum of Rs.50,000/- globally with interest at 9% 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 evidence with regard to the injuries sustained by him. 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 produced a receipt vide Ex.P25 for a sum of Rs.21,000/- incurred towards medical expenses at Theja Dental Clinic, however, he has failed to examine the author of the said document. On the other hand, the respondents have also failed to - 4 - HC-KAR NC: 2026:KHC:34219 MFA No. 5283 of 2022 disprove the occurrence of the accident. In view of the same, I deem it just and appropriate to award a compensation of Rs.30,000/- globally, in addition to what has been awarded by the Tribunal i.e., Rs.50,000/-. Thus, the claimant is held entitled to a total compensation of Rs.80,000/- as against Rs.30,000/-. 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 judgement. 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.: 51