- 1 - HC-KAR CNR: KAHC010440852018 NC: 2026:KHC:37591 MFA No. 6566 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.6566 OF 2018(MV-I) BETWEEN: LEGAL MANAGER RELIANCE GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, EAST WING, NO.28 NEAR CITY BANK, 5TH FLOOR CENTENARY BUILDING, M.G. ROAD BENGALURU-560 001 …APPELLANT (BY SRI PRADEEP B., ADVOCATE) AND: 1. SRI NAGARAJU R. S/O. RANGASWAMAIAH AGED ABOUT 32 YEARS R/AT NO.219, NUGALIPALYA ULLAL MAIN ROAD VISHWESHWARAIAH 6TH PHASE BENGALURU-560 056 2. SRI PURUSHOTHAM N. S/O. NANJAPPA NO.204, SULIKATTE PALYA GIDADA PLAYA, YALACHANAKOPPE TAVAREKERE POST BENGALURU-562 130 …RESPONDENTS (BY SRI JAGADEESH H. T., ADVOCATE FOR R-1, R-2 IS SERVED, UNREPRESENTED) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010440852018 NC: 2026:KHC:37591 MFA No. 6566 of 2018 THIS MFA IS FILED U/S. 173(1) OF MV ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 26/03/2018, PASSED IN MVC NO.3595/2016, ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE & XXXII ACMM., MEMBER, MACT-3, BENGALURU, AWARDING COMPENSATION OF RS.5,50,500/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR HEARING, 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 26.03.2018, passed in MVC No.3595/2016, on the file of the VII Additional Small Causes Judge & XXXII ACMM., MEMBER, MACT-3, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR CNR: KAHC010440852018 NC: 2026:KHC:37591 MFA No. 6566 of 2018 3. Injured claimant met with an accident on 22.09.2014 and filed claim petition claiming compensation of Rs.10 lakhs. The Tribunal considering the entire evidence on record granted an amount of Rs.5,50,500/- along with interest at the rate of 8% p.a., from the date of petition till disposal. 4. Aggrieved by the said order, Legal Manager of the Reliance General Insurance Co. Ltd., filed this appeal and mainly contended that the Tribunal granted higher compensation under the heads pain and suffering, loss of the income during laid up period and the amenities. The Tribunal has taken the disability of 25%. Though PW2 is not a treated doctor, higher compensation is granted under the head loss of future income. He has not undergone any surgery and he was treated conservatively. Interest is to be modified to 6%. Thus requested for reduction of the compensation. There is no dispute regarding granting of amount of Rs.3,31,500/- under the head loss of future income. The main contention of the appellant counsel is that, Rs.1,00,000/- is granted towards pain and agony, but injured sustained 3 injuries and was inpatient only for 1 day as per Ex.P8. Therefore, this court finds that it is - 4 - HC-KAR CNR: KAHC010440852018 NC: 2026:KHC:37591 MFA No. 6566 of 2018 just and reasonable to reduce the same to Rs.50,000. The other amounts granted by the other heads are just and reasonable. Therefore, the total compensation granted by tribunal is reduced from Rs.5,50,500/- to Rs.5,00,500/-. Accordingly, this appeal is hereby allowed. Insurance Company has already deposited 50% of the compensation and they are directed to deposit the balance compensation, along with interest at the rate of 6% p.a., within one month from the date of this order. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same Sd/- (P SREE SUDHA) JUDGE AKV List No.: 2 Sl No.: 40