- 1 - HC-KAR CNR: KAHC010425032023 NC: 2026:KHC:43108 MFA No. 5680 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.5680 OF 2023(MV-I) BETWEEN: SAROJAMMA, NOW W/O VENKATESH, AGED ABOUT 46 YEARS, R/AT, DODDANUSANDRA, ANAONDAHALLI, HOSAKOTE TALUK, BANGALORE - 560 067. …APPELLANT (BY SRI. RANGEGOWDA N.R., ADVOCATE) AND: 1. LAKSHMINARAYANA M., S/O MUNISHAMAPPA, AGED MAJOR, R/AT NO. 455, 1ST MAIN ROAD, NEAR WATER TANK, KADAGOUDI PLANTATION, BANGALORE - 560 067. 2. LIBERTY GENERAL INSURANCE COMPANY LTD., OFFICE NO.1 ALYSSA, 1ST FLOOR, REAR PORTION, OLD NO. 28, NEW NO.23, RICHMOND ROAD, BANGALORE - 560 025. REPRESENTED BY ITS LEGAL MANGER. …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2, VIDE ORDER DATED 23.08.2023 NOTICE TO Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010425032023 NC: 2026:KHC:43108 MFA No. 5680 of 2023 R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,1988, AGAINST THE JUDGMENT AND AWARD DATED:04.01.2023 PASSED IN MVC NO.3511/2020 ON THE FILE OF THE XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY, (SCCH-17), 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 T.M.NADAF ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation arising out of judgment and award dated 04.01.2023 passed by Motor Vehicles Accident Claims Tribunal, Bengaluru City (SCCH-17), in MVC No.3511/2020. 2. The parties are referred to as per their ranking before the Tribunal. 3. Heard Sri.Range Gowda N.R., learned counsel appearing for the appellant and Sri.Ravi S. Samprathi, - 3 - HC-KAR CNR: KAHC010425032023 NC: 2026:KHC:43108 MFA No. 5680 of 2023 learned counsel appearing for the respondent No.2/insurer respectively. 4. Sri.Range Gowda N.R., learned counsel urged on a short point that the Tribunal has not properly considered the injuries suffered, the period as inpatient and medical expenses incurred as well as treatment taken by the appellant. As per the Ex.P-6, the appellant has suffered the following injuries: (a) Degloving injury of right thigh underlying structure exposed. (b) Degloving injury of right leg underlying structure exposed (c) Degloving injury of anterior aspect of left leg (d) Pelvic compression. (e) Multiple abrasions present on hand. (f) Fracture of right hip, left fibula. 5. The Tribunal after considering the injuries suffered by the claimant, has awarded a global compensation of Rs.2,00,000/- with 6% p.a. from the date of petition till the date of realization. - 4 - HC-KAR CNR: KAHC010425032023 NC: 2026:KHC:43108 MFA No. 5680 of 2023 6. In view of the injuries suffered, treatment taken and the expenses incurred, the compensation requires to be reconsidered. 7. Though Sri.Ravi Samprathi opposed the contention, however, he is not in serious dispute in respect of the injuries suffered, treatment taken and the medical expenses incurred. 8. Having considered the judgment and the documents placed on record, this Court is of the opinion that instead of dwelling on each and every head, considering the injuries, medical treatment undergone and expenses incurred, this Court deem it appropriate to award another Global compensation of Rs.1,00,000/- along with interest at 6% p.a. from the date of petition till the date of realization, the same would be meet the ends of justice. - 5 - HC-KAR CNR: KAHC010425032023 NC: 2026:KHC:43108 MFA No. 5680 of 2023 9. Accordingly, this Court proceeds to pass the following: ORDER (i) The appeal is allowed in part. (ii) The judgment and award dated 04.01.2023 passed by the Motor Vehicles Accident Claims Tribunal, Bengaluru City (SCCH-17), in MVC No.3511/2020, is modified and the compensation is reassessed. (iii) The claimant is entitled for another global compensation of Rs.1,00,000/- along with 6% p.a. interest from the date of petition till realisation. (iv) The respondent No.2/insurer shall deposit the entire global compensation along with interest at 6% p.a. before the concerned Tribunal within six weeks from the date of receipt of certified copy of this order. - 6 - HC-KAR CNR: KAHC010425032023 NC: 2026:KHC:43108 MFA No. 5680 of 2023 (v) Upon deposit, the entire amount shall be released in favour of the claimant after due identification. (vi) The Trial Court Records secured, if any, shall be transmitted forthwith to the concerned Tribunal. (vii) No order as to costs. Sd/- (T.M.NADAF) JUDGE DR List No.: 1 Sl No.: 11 ct-vn