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2026 DAILYLAW 29097 (KAR)

RAVIKUMAR D N v. SATNAM SINGH

MFA/7379/2023 · 2026-07-16

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR CNR: KAHC010579282023 NC: 2026:KHC:36602 MFA No. 7379 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 7379 OF 2023 (MV-I) BETWEEN: RAVIKUMAR D N S/O LATE NARAYANAPPA AGED ABOUT 28 YEARS R/AT DEVARAHOSAHALLI POST SOMPURA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT. …APPELLANT (BY SRI RANGEGOWDA N R, ADVOCATE) AND: 1. SATNAM SINGH S/O DHANI RAM AGED MAJOR R/AT VPO MOHAMMED KHERA THE ALEWA, JIND DISTRICT HARYANA STATE – 126 102. 2. THE REGIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD., 5TH FLOOR, KRUSHI BHAVANA Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010579282023 NC: 2026:KHC:36602 MFA No. 7379 of 2023 HUDSON CIRCLE BANGALORE – 560 001. …RESPONDENTS (BY SRI JANARDHAN REDDY, ADVOCATE FOR R2 V/O DTD. 16.7.2026 NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.02.2023 PASSED IN MVC No.4625/2019 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7), 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 SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment dated 06.02.2023 passed in MVC No. 4625/2019 by the IX Additional Small Causes Judge and Member MACT-7, Bengaluru (SCCH-7). 2. Even though the matter is listed today for Orders/Admission, it is taken up for disposal with the - 3 - HC-KAR CNR: KAHC010579282023 NC: 2026:KHC:36602 MFA No. 7379 of 2023 consent of the learned counsel appearing for appellant and the learned counsel appearing for respondent No. 2 - Insurer. 3. Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on 15.07.2019 due to the rash and negligent driving by the driver of lorry bearing registration No. HR-56-A-7688. The Tribunal after recording evidence appreciated the evidence on record, awarded global compensation of Rs.50,000/- with interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the said compensation amount with interest. Claimant, seeking enhancement of compensation awarded by the Tribunal, has filed by the present appeal. 4. Heard learned counsel for appellant – claimant and learned counsel for respondent No.2 – Insurer. - 4 - HC-KAR CNR: KAHC010579282023 NC: 2026:KHC:36602 MFA No. 7379 of 2023 5. Learned counsel for appellant would contend that the claimant had sustained head injury, multiple abrasion over forehead, contusion over left upper lip, pain and tenderness with losing of incisor teeth with bleeding gums and other injuries. He was admitted in the hospital for 15 days. Considering the said aspect the compensation awarded by the Tribunal globally in a sum of Rs.50,000/- is on lower side. With this he prayed to allow the appeal. 6. Learned counsel appearing for respondent No. 2 – Insurer would contend that the claimant has not examined the Doctor. Compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. 7. Having heard learned counsel for the parties, this Court has perused the judgment and award. 8. Ex.P.5 - wound certificate indicates that claimant has sustained lacerated wound over left zygoma, abrasion over forehead, contusion over left upper lip, pain - 5 - HC-KAR CNR: KAHC010579282023 NC: 2026:KHC:36602 MFA No. 7379 of 2023 and tenderness with loosing of incisor teeth with bleeding gums and abrasion over nose with contusion. Claimant had been admitted in the hospital for 15 days. Claimant has not examined the Doctor. Considering the injuries sustained by the claimant, compensation awarded by the Tribunal, globally, in a sum of Rs.50,000/- is on lower side and claimant is entitled to enhancement of compensation globally in a sum of Rs.50,000/- without interest. 9. In view of the above, the following; O R D E R i) Appeal is allowed in part. ii) Claimant is entitled to enhanced global compensation of Rs.50,000/- without any interest. iii) Respondent No. 2 – Insurer shall deposit the enhanced compensation amount before the Tribunal within six weeks from this day failing which it is - 6 - HC-KAR CNR: KAHC010579282023 NC: 2026:KHC:36602 MFA No. 7379 of 2023 liable to pay interest at the rate of 6% p.a. from this day till the date of payment. iv) Claimant is entitled for release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 11 Ct.sm