- 1 - HC-KAR NC: 2026:KHC:33987 MFA No. 3616 of 2020 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.3616 OF 2020(MV-I) BETWEEN: RANGASWAMY N M S/O MANJAPPA.T AGED ABOUT 23 YEARS MILK VENDOR BUSINESS AND AGRICULTURIST R/O. MATHIGATTA VILLAGE HOLALKERE TALUK NOW R/O. KAKERU VILLAGE CHITRADURGA-577 501. …APPELLANT (BY SRI. SPOORTHY HEGDE N., ADVOCATE) AND: 1. M/S. RELIANCE GENERAL INSURANCE CO. LTD., BY ITS BRANCH MANAGER R/O. NO.1 AND 2,FIRST FLOOR MAGANUR COMMERCIAL COMPLEX B.D. ROAD, CHITRADURGA-577 501. 2. H. J. PRAKASH S/O JAYAPPA AGED ABOUT 33 YEARS OWNER OF MOTORCYCLE NO.KA-17/EA-8921 R/O. NEAR KARUMARIYAMMA TEMPLE TUDARANALU VILLAGE, T. NULENURU HOLALKERE TALUK CHITRADURGA DISTRICT-577 526. …RESPONDENTS (BY SRI. D VIJAYAKUMAR., ADVOCATE FOR R1: NOTICE TO R2 IS DISPENSED WITH) Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33987 MFA No. 3616 of 2020 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.01.2020 PASSED IN MVC NO.182/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT-IV, CHITHRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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 global compensation of Rs.80,000/- awarded by the Tribunal, 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 learned counsel for the claimant has contended that as per wound certificate, the claimant (PW-3) has sustained the injuries:(a) contusion over left intra-articular area and clavicle fracture 3x4 cm (b) tenderness and - 3 - HC-KAR NC: 2026:KHC:33987 MFA No. 3616 of 2020 swelling over the left clavicle fracture left clavicle (c) abrasion over left ankles and (d) tenderness over right hand fracture right radius. The claimant has examined the doctor as PW-4. PW-4 has issued the disability certificate at Ex.P20 and in his evidence, he has opined that injury (b) and (d) are grievous in nature. The claimant was treated as inpatient for a period of 15 days at Government Hospital, Chitradurga. Only on the ground that the claimant has not produced any medical bills or discharge summary, the Tribunal has failed to award compensation under all the heads and has awarded a meager global compensation of Rs.80,000/-. Hence, he sought to allow the appeal. 4. Per contra, the learned counsel for the Insurance Company has contended that PW-4 in his cross- examination has categorically stated that conservative treatment was provided to the claimant. There will be no disability to the fracture or clavicle. Therefore, considering the nature of injuries sustained by the claimant, the - 4 - HC-KAR NC: 2026:KHC:33987 MFA No. 3616 of 2020 Tribunal has awarded just and reasonable compensation and it does not call for interference. Hence, he sought for dismissal of the appeal. 5. Heard the learned counsel for the appellant-claimant and learned counsel for the Insurance Company. 6. As per wound certificate Ex.P19, the claimant has sustained aforesaid injuries. He was treated as inpatient for a period of 15 days at Government Hospital, Chitradurga. He is aged 22 years and doing agricultural work and also doing milk vending business. Having regard to the nature of injuries and treatment taken and considering the evidences of claimant and doctor, I am inclined to award compensation of Rs.50,000/- in addition to compensation of Rs.80,000/- awarded by the Tribunal. Thus, the claimant is entitled to a global compensation of Rs.1,30,000/-. - 5 - HC-KAR NC: 2026:KHC:33987 MFA No. 3616 of 2020 7. In the result, the following order is passed: ORDER a) The appeal is allowed in part. b) The judgment and award of the Tribunal is modified. c) The claimant is entitled to a global compensation of Rs.1,30,000/- as against Rs.80,000/- awarded by the Tribunal. d) The Insurance Company is directed to deposit the compensation amount along with interest from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of copy of this judgment. However, the enhanced compensation amount shall not carry any interest. Sd/- (RAJESH RAI K) JUDGE HA LIST NO.: 1 SL NO.: 38