- 1 - HC-KAR CNR: KAHC010383532017 NC: 2026:KHC:39378 MFA No. 6216 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6216 OF 2017 (MV-I) BETWEEN: SMT. SHIFA BEGUM D/O. SALEEM SHEIK, AGED ABOUT 19 YEARS, R/AT H.M. MANZIL, VARAMBALLI VILLAGE, BRAHMAVARA POST, UDUPI DISTRICT-34. APPELLANT (BY SRI. PRATHEEP KC.,ADVOCATE) AND: 1. RAGHAVENDRA. K S/O. BABU RAO, AGED ABOUT 37 YEARS, R/AT VARAMBALLI VILLAGE, BRAHMAVARA POST, UDUPI DISTRICT-56. 2. THE RELIANCE GENERAL INSURANCE CO. LTD., DIVISIONAL MANAGER, DIVISIONAL OFFICE, BALMATTA ROAD, OPP. KASTURBA DENTAL COLLEGE, MANGALORE-78. RESPONDENTS (BY SRI. B. PRADEEP.,ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH V/O DTD 01.07.2025.) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010383532017 NC: 2026:KHC:39378 MFA No. 6216 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.05.2017 PASSED IN MVC NO.26/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. 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 18.05.2017 passed in MVC.No.26/2015 on the file of the learned Principal Senior Civil Judge and Additional Motor Vehicle Accident Claims Tribunal, Udupi, seeking for enhancement of compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. 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 26.09.2013. As on the date of accident she is aged - 3 - HC-KAR CNR: KAHC010383532017 NC: 2026:KHC:39378 MFA No. 6216 of 2017 15 years and her mother as a guardian filed claim petition claiming compensation of Rs.13,85,700/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,90,900/- together with interest at the rate of 6% per annum from the date of petition till deposit. Aggrieved by the said order this appeal is preferred and mainly contented that the interest is to be granted at the rate of 12% per annum and the amount granted under the other heads is on the lower side. Therefore, requested for enhancement of the compensation. 4. Learned counsel for respondent No.1 has stated as on the date of recording the evidence the petitioner has attained the age of majority and she herself gave evidence and the Tribunal rightly considered all the aspects and granted reasonable amounts and it needs to be confirmed. 5. Though petitioner filed Ex.P5 wound certificate and also examined doctor as PW.2. As per wound certificate she lost three teeth, sustained lacerated wound on upper lip and the doctor stated that injuries sustained on the face effects the beauty of the petitioner. She sustained facial injuries to some extent and there is permanent physical disability of 15% to the - 4 - HC-KAR CNR: KAHC010383532017 NC: 2026:KHC:39378 MFA No. 6216 of 2017 face, she was a student and has no earning. It is also stated that she has problem of upper anterior teeth replaced artificially. Considering the said evidence of doctor, the Tribunal held that there is no disability. Considering all these aspects, this Court finds that it is reasonable to grant an additional amount of Rs.25,000/- towards extra nourishment, conveyance and attendant charges. 6. Hence, the appellant-claimant is entitled for a total compensation of Rs.2,15,900/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 18.05.2017 passed in MVC.No.26/2015 on the file of the learned Principal Senior Civil Judge and Additional Motor Vehicle Accident Claims Tribunal, Udupi, is modified. iii. The claimant is entitled to a sum of Rs.2,15,900/- along with interest at 6% p.a., from - 5 - HC-KAR CNR: KAHC010383532017 NC: 2026:KHC:39378 MFA No. 6216 of 2017 the date of petition till the date of realization, instead of Rs.1,90,900/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.25,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. vi. Registry is directed to send back the records. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 26