- 1 - HC-KAR CNR: KAHC010373922021 NC: 2026:KHC:36513 MFA No. 5082 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5082 OF 2021(MV-I) BETWEEN: SRI MOHAMMED THOUHEED @ MOHAMMED THOFIA S/O AMANULLA AGED ABOUT 14 YEARS STUDENT, MINOR REP BY HIS FATHER GUARDIAN AMANULLA S/O HASSAN SHARIFF AGED ABOUT 40 YEARS R/O 11TH CROSS, KODI CAMP LINGADAHALLI ROAD TARIKERE TOWN PIN-577 228 …APPELLANT (BY SRI. H MALATESH, ADVOCATE) AND: 1. BASAVARAJU K.H S/O HANUMANTHAPPA K AGED ABOUT 41 YEARS OWNER AND DRIVER OF MARUTHI SWIFT DESIRE BEARING REG NO.KA 17/C-2628 R/O 1405/2, MALEBENNUR VILLAGE HARIHARA TALUK, DAVANAGERE DIST Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010373922021 NC: 2026:KHC:36513 MFA No. 5082 of 2021 2. THE MANAGER UNIVERSLA SOMPO GENERAL INSURANCE COM.LTD BRANCH OFFICE 2A 2ND FLOOR, 84-RAMSON COMPLEX P.B ROAD, HOSUR, HUBLI-580 021 (POLICY NO 2314/54732028/00/000 FROM 02-01-2015 UPTO 01-01-2016) …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.09.2020 PASSED IN MVC NO.426/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRL. JMFC, TARIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, 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.1,96,216/- awarded by the Tribunal in MVC.No.426/2016 vide judgment and award dated 18.09.2020, is in appeal. - 3 - HC-KAR CNR: KAHC010373922021 NC: 2026:KHC:36513 MFA No. 5082 of 2021 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 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 disability suffered by the claimant, has rightly awarded a sum of Rs.75,000/- towards pain and suffering, Rs.1,01,216/- towards medical expenses and Rs.20,000/- towards incidental expenses. Accordingly, he prays for dismissal of the appeal of the claimant. - 4 - HC-KAR CNR: KAHC010373922021 NC: 2026:KHC:36513 MFA No. 5082 of 2021 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 although the claimant has produced wound treatment certificate - Ex.P18 neither he has examined the author of the same, nor has produced any supporting documents. 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.75,000/- globally, in addition to what has been awarded by the Tribunal i.e., Rs.1,96,216/-. Thus, the claimant is held entitled to a total compensation of Rs.2,71,216/- as against Rs.1,96,216/-. 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. - 5 - HC-KAR CNR: KAHC010373922021 NC: 2026:KHC:36513 MFA No. 5082 of 2021 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.: 77