- 1 - HC-KAR NC: 2026:KHC:35343 MFA No. 7560 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7560 OF 2019 (MV-I) BETWEEN: SAGAR B.M @ SAGAR BANDLOR S/O. MARUTESHREDDY, 24 YEARS, AGRICULTURIST AND COOLIE, PRESENT NIL, R/O. RANGAPURA VILLAGE, JAGALUR TALUK - 577 528, DAVANAGERE DISTRICT. …APPELLANT (BY SRI. R. SHASHIDHARA, ADVOCATE) AND: 1. SAIFULLA KHAN S/O. HAYATH KHAN, AGE 50 YEARS, RIDER OF MOTOR CYCLE BEARING NO.KA-17/V-5071, R/O. MUSLIM COLONY, JAGALUR TOWN, DAVANAGERE DISTRICT - 577 528. 2. B.M. MARUTHESH REDDY S/O. HANUMANTHA REDDY, 57 YEARS, OWNER OF MOTOR CYCLE BEARING NO.KA-17/V-5071, R/O. RANGAPURA VILLAGE, HANUMANTHAPURA POST, JAGALUR TALUK - 577 528, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35343 MFA No. 7560 of 2019 DAVANAGERE DISTRICT. 3. THE LEGAL MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD., NO.7/432, PCA & RO BANK BUILDING, LAWYERS ROAD, KUVEMPU NAGAR, DAVANAGERE - 577 002. …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R3; VIDE ORDER DATED 18.07.2023, NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.02.2019 PASSED IN MVC NO.102/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, ITERNATE COURT, JAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 15.02.2019 passed in MVC No.102/2017 on the file of the Senior Civil Judge, Iternate Court, Jagalur, seeking enhancement of the compensation. - 3 - HC-KAR NC: 2026:KHC:35343 MFA No. 7560 of 2019 2. Heard the arguments of learned counsel for the both sides. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 18.04.2016 and filed petition before the Tribunal for compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,10,684/- with interest at the rate of 8% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that the Tribunal has awarded only Rs.5,000/- towards pain and suffering and Rs.15,000/- towards medical expenses, though the claimant spent a sum of Rs.3,00,000/-. towards medical expenses. The compensation awarded under the other heads is also meagre. The Tribunal has granted only Rs.9,900/- towards loss of income during treatment, though the claimant was hospitalized as an inpatient for 15 days. The doctor assessed the disability at 27%, but the Tribunal has taken the disability at only 12% and no amount is awarded towards future medical expenses. Therefore, requested for enhancement of the compensation. - 4 - HC-KAR NC: 2026:KHC:35343 MFA No. 7560 of 2019 4. Learned counsel for the respondents stated that the claim petition was filed under Section 163(A) of the Motor Vehicles Act. Therefore, the Tribunal has rightly considered all the aspects and awarded just and reasonable compensation. A perusal of the order shows that the claimant was doing agricultural and coolie work. As such, his monthly income was taken by the Tribunal at Rs.3,300/- and the relevant multiplier as '17'. The petitioner sustained the following injuries: "i. Open fracture of left leg in lower 1/3rd aspect, fresh wound. ii. Compound fracture both bone left leg tibial condyle fracture. iii. On X-ray shows fracture of left tibia and fibula." 5. Ex.P.6 is the wound certificate and Ex.P.9 is the discharge summary. The petitioner also examined the doctor as PW.2 and he assessed the disability at 27% to the left lower limb. One-third of the said disability come to 9%. But the Tribunal has rightly considered age and occupation of the petitioner, assessed the disability at 12%. This Court finds no reason to interfere with the said finding. The Tribunal has - 5 - HC-KAR NC: 2026:KHC:35343 MFA No. 7560 of 2019 awarded a total compensation of Rs.1,10,684/-. As the claim petition was filed under Section 163(A) of the Motor Vehicles Act, the Tribunal has awarded reasonable compensation as per the Second Schedule to the Act. Accordingly, the appeal is devoid of merits and is liable to be dismissed. Therefore, the appeal is dismissed, confirming the judgment and award passed by the Tribunal. The Insurance Company has already deposited the awarded amount. The petitioner is permitted to withdraw the said amount. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 2 Sl No.: 22