Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:20247 M.F.A. No.4925/2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.4925/2020 (MV-I)
BETWEEN:
ASHUTOSH KUMAR S/O DASHARATH SAH AGED ABOUT 34 YEARS ARARGHAT BISHUNPUR ARAR, MADHEPURA BIHAR-852 115. …APPELLANT (BY SRI. K.T. GURUDEV PRASAD, ADV.,)
AND:
1.
AJITH C.M.
S/O MANJU C.A.
NO.40, CHIKKANALLURAHALLI VILLAGE BEGUR POST NEAR LAGUMAMMA TEMPLE HOSAKOTE TALUK BENGALURU -562 114.
2.
UNITED INDIA INSURANCE CO., LTD., TP HUB NO.18 KRUSHI BHAVAN 6TH FLOOR NRUPATHUNGA ROAD OPP HUDSON CIRCLE BENGALURU-560 001.
…RESPONDENTS (BY SRI. B.A. RAMA KRISHNA, ADV., FOR R2 R1 SERVED)
Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:20247 M.F.A. No.4925/2020
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.09.03.2020 PASSED IN MVC NO.3178/2019 ON THE FILE OF THE MACT, V ADDITIONAL SMALL CAUSE JUDGE, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU (SCCH-20), 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 VIJAYKUMAR A. PATIL
ORAL JUDGMENT
This appeal is filed by the injured appellant challenging the judgment and award dated 09.03.2020 passed in MVC.No.3178/2019 by the V Additional Small Causes Judge, XXIV ACMM and Member, MACT, Bengaluru (SCCH-20) (for short 'the Tribunal').
2. Though this appeal is listed for admission, with the consent of the learned counsel for the parties, it is taken up for final disposal.
3. Heard Sri.K.T.Gurudev Prasad, learned counsel appearing for the appellant, Sri.B.A.Ramakrishna, learned
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HC-KAR NC: 2026:KHC:20247 M.F.A. No.4925/2020
counsel for respondent No.2 and meticulously perused the material available on record.
4. The records indicate that the appellant met with a road accident on 25.05.2019. At the time of the accident, the appellant was aged about 33 years and was working as a Pre Sales Consultant at DXC Technology, Bengaluru. The Tribunal, taking these aspects into
consideration, awarded a total compensation of Rs.1,40,000/- with interest at 6% per annum. As per the wound certificate produced at Ex.P6, the appellant sustained the following injuries:
"Forearm injuries CLW on medial aspect and Nasal bleed + abrasion."
5. Admittedly, the appellant has neither examined the doctor nor produced any disability certificate; hence, the Tribunal has rightly not awarded any compensation under the head of loss of future income due to disability. The records further indicate that the appellant was an inpatient for a period of 6 days and no compensation has
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HC-KAR NC: 2026:KHC:20247 M.F.A. No.4925/2020
been awarded under the heads of loss of amenities and food, nourishment, attendant charges & conveyance. Having regard to the nature of injuries sustained, the treatment provided and the difficulties faced by the appellant, I am of the view that the ends of justice would be met if an additional compensation of Rs.60,000/- is awarded to the appellant in addition to what has been awarded by the Tribunal. Accordingly, the appellant is entitled to an additional sum of Rs.60,000/- as compensation.
6. The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization.
7. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed. The respondent/insurer shall deposit the additional compensation amount with accrued
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HC-KAR NC: 2026:KHC:20247 M.F.A. No.4925/2020
interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. On such deposit, the same shall be released in favour of the appellant. The Registry is directed to transmit the records to the Tribunal forthwith and draw modified award accordingly.
Sd/- (VIJAYKUMAR A. PATIL) JUDGE
ABK List No.: 1 Sl No.: 17