- 1 - HC-KAR CNR: KAHC010402542021 NC: 2026:KHC:36597 MFA No. 5529 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5529 OF 2021(MV-I) BETWEEN: AYUSHI TRIPATHI D/O ATUL TRIPATHI AGED ABOUT 30 YEARS, RESIDING AT NO.305 SHAN RIVERA OPP SHIVARKAR GARDEN WANOWORIE, PUNE-411 040 …APPELLANT (BY SRI. SREENIVASAIAH A, ADVOCATE) AND: 1. LAVANKUMAR K S/O KRISHNAMURTHY V NO.255, SONNAPANAHALLI BETTAHALASURU POST BENGALURU-560 077 2. THE MANAGER UNITED INDIA INSURANCE CO. LTD R O NO.18, 5TH FLOOR, KRUSHI BHAVAN, HUDSON CIRCLE BENGALURU-560 001 …RESPONDENTS (BY SMT. MANJULA N TEJASWI, ADVOCATE FOR R2, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010402542021 NC: 2026:KHC:36597 MFA No. 5529 of 2021 VIDE ORDER DATED 23/11/2022, NOITICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.07.04.2021 IN MVC NO.1227/2018 ON THE FILE OF THE II ADDITIONAL JUDGE, XXVIII ACJJ, COURT OF SMALL CAUSES, MACT, BENGALURU, (SCCH-13), 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. This appeal is directed against the judgment and award dated 07.04.2021 passed by the Tribunal in MVC.No.1227/2018, whereby the Tribunal has partly allowed the claim petition filed by the claimant and awarded compensation of Rs.4,85,534/- along with interest at 8% p.a. from the date of petition till its realisation. 2. The factual matrix of the case is that, on 06.09.2017, at about 8 p.m., when the claimant was riding her motorcycle bearing registration No.MH-12 GQ 9329 near Naganathapura, Electronic City, Singasandra, Hosuru - Bengaluru service road, - 3 - HC-KAR CNR: KAHC010402542021 NC: 2026:KHC:36597 MFA No. 5529 of 2021 a water tanker bearing registration No.KA-04-C-2032, driven by its driver, in a rash and negligent manner dashed against her motorcycle, as a result, she sustained grievous injuries. Thereafter, immediately, she was shifted to Sparsh Hospital, where she took treatment as inpatient. Accordingly, she filed claim petition claiming compensation for the injuries suffered by her in the accident. 3. In support of her case, she examined herself as PW.1 and the Doctor as PW.2 and got marked 19 documents as Exs.P1 to P19. On the other hand, the insurer has neither led any evidence nor produced any document. 4. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 50,000 2. Disfigurement and loss of marriage prospects 1,00,000 3. Medical expenses 1,30,000 4. Future medical expenses 60,000 - 4 - HC-KAR CNR: KAHC010402542021 NC: 2026:KHC:36597 MFA No. 5529 of 2021 5. Loss of income during the laid up period 1,05,534 6. Food, nourishment & other incidental expenses 20,000 7. Conveyance & attendant charges 20,000 Total 4,85,534 5. Aggrieved by the aforesaid compensation, the claimant is before this Court seeking enhancement of compensation. 6. Heard the learned counsel for both the parties and perused the material on record. 7. Learned counsel for the claimant would contend that the Tribunal has grossly erred in awarding meager compensation under all the heads. According to him, the claimant has suffered severe injuries to her left arm and was inpatient for 17 days. The Doctor who treated her had assessed the disability at 49% to the left arm and whole body disability at 16%. Despite, the Tribunal has not awarded any sums towards loss of future income by assessing the disability. He would also contend that due the accident the claimant was unable to attend to her work for a period of eight months and even thereafter, the disability - 5 - HC-KAR CNR: KAHC010402542021 NC: 2026:KHC:36597 MFA No. 5529 of 2021 suffered by her affected her promotional and other aspects in her avocation. As such, the Tribunal ought to have awarded sums towards loss of future income. Further, he would contend that due to disfigurement, the claimant has lost her marriage prospects, as such, the amount awarded by the Tribunal towards marriage prospects is meager. Learned counsel would also contend that by inadvertently the claimant was unable to produce the documents pertaining to not attending her office for a period of eight months after the accident and also the documents pertaining to functional disability. Hence, he submits that if an opportunity is extended to the claimant by remanding the matter to the Tribunal, she would be able to produce the documents and lead evidence for proper adjudication of the claim. Accordingly, he prays for remanding the matter to the Tribunal for fresh consideration. 8. Per contra, learned counsel for the insurer vehemently opposed the prayer and contended that the claimant has produced all the relevant documents and if the prayer of the claimant is now allowed, it would unsettle the settled things. As such, the prayer of the claimant for remanding the matter is - 6 - HC-KAR CNR: KAHC010402542021 NC: 2026:KHC:36597 MFA No. 5529 of 2021 untenable. She would also contend that the Tribunal upon meticulously examining the entire evidence and documents placed by the claimant has rightly awarded the compensation by passing a reasoned judgment and award, which does not call for any interference by this Court. She would further contend that no purpose would be served if the matter is remanded to the Tribunal since the claimant has already examined herself and the Doctor and produced the relevant documents. In such circumstances, she prays for dismissal of the appeal. 9. I have given my anxious consideration to the submissions made by learned counsel for both the parties. 10. As could be gathered from records, the accident in question and the coverage of insurance policy of the offending vehicle are not in dispute. As contended by the learned counsel for the claimant, the Tribunal has not awarded any compensation towards loss of future income although the Doctor has assessed the whole body disability at 16% and further, it was contended that the claimant has not attended to her work for eight months after the accident and that the - 7 - HC-KAR CNR: KAHC010402542021 NC: 2026:KHC:36597 MFA No. 5529 of 2021 disability suffered by her affected her promotional and also marriage prospects. Having perused the medical evidence and the evidence of the Doctor and the photographs of the claimant to evidence the disfigurement, I deem it just and appropriate to provide an opportunity to the claimant to produce additional documents and to lead evidence to substantiate the aforesaid aspects before the Tribunal. Hence, I pass the following: ORDER i) The appeal is allowed. ii) The impugned judgment and award dated 07.04.2021 passed in MVC.No.1227/2018 by the Tribunal is set aside. iii) The matter is remanded to the Tribunal for fresh consideration. iv) The parties are at liberty to produce additional documents and to lead further evidence. v) The parties shall appear before the Tribunal on 17.08.2026 without expecting any further notice from the Tribunal. - 8 - HC-KAR CNR: KAHC010402542021 NC: 2026:KHC:36597 MFA No. 5529 of 2021 vi) Since the accident was of the year 2017, the Tribunal shall make endeavour to dispose of the claim petition as early as possible. vii) The parties shall cooperate with the Tribunal for early disposal of the claim. viii) It is made clear that the claimant is not entitled for any interest from today i.e. 16.07.2026 till the disposal of the claim petition. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 56