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High Court of Karnataka · body

2026 DAILYLAW 35041 (KAR)

SRI. NARAYAN v. UNITED INDIA INSURANCE COMPANY LTD.,

MFA/8613/2023 · 2026-08-13

T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010681782023 NC: 2026:KHC:43105 MFA No. 8613 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.8613 OF 2023(MV-I) BETWEEN: SRI. NARAYAN, S/O DODDAIAH, AGED ABOUT 47 YEARS, R/AT CHIKKAMARALAVADI, DODDAMARALAVAI POST AND HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT – 562 121. …APPELLANT (BY SRI. GIRIMALLAIAH., ADVOCATE) AND: 1. UNITED INDIA INSURANCE COMPANY LTD., REGIONAL OFFICE, T.P. HUB, KRISHI BHAVAN, 6TH FLOOR, HUDSON CIRCLE, NRUPATHUNGA ROAD, BENGALURU – 560 001. BY ITS MANAGER. 2. SMT. M. CHITRADEVI, W/O MARIMUTHU N., MAJOR (AGE OF R-2 NOT KNOWN TO APPELLANT) NO.2/97A, KOMBURAMKADU, KARUPPUREDDYYUR POST, P.N. PATTY, METTUR TALUK, SELAM DISTRICT – 636 404. TAMIL NADU. …RESPONDENTS (BY SRI. CHANDRASHEKARA REDDY M V., ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010681782023 NC: 2026:KHC:43105 MFA No. 8613 of 2023 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,1988,AGAINST THE JUDGMENT AND AWARD DATED:14.07.2023 PASSED IN MVC NO.2456/2022 ON THE FILE OF THE VIII ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU SCCH-5, 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 by the claimant seeking enhancement of compensation arising out of judgment and award dated 14.07.2023 passed by the VII Additional Small Causes Judge and the Motor Accident Claims Tribunal (SCCH-5) at Bengaluru1, in MVC No.2456/2022. 2. The parties are referred to as per their ranking before the Tribunal. 3. Heard Sri. Girimallaiah, learned counsel appearing for the appellant and Sri.Rakesh M.T., learned 1 For short ‘Tribunal’ - 3 - HC-KAR CNR: KAHC010681782023 NC: 2026:KHC:43105 MFA No. 8613 of 2023 counsel appearing for Sri.Chandrashekara Reddy M.V., learned counsel for the respondent No.1/insurer. Notice of this appeal to respondent No.2 is dispensed with vide order dated 10.08.2026. 3. Sri.Girimallaiah, with all vehemence submits that the appellant has suffered fracture of Pulmonary Hemorrhage with left side Hemothorax; and, fracture of left side ribs (2nd to 7th ribs) as per Ex.P-6 – wound certificate. As per the discharge summary - Ex.P-8, he took treatment as indoor patient from 08.01.2022 to 14.01.2022 i.e., for a period of 7 days. The medical bills produced at Exs.P-12 to P-16 and prescriptions produced at Ex.P-13, shows that he has incurred medical expenses to the tune of Rs.1,68,639/-. He further submits that the Tribunal without taking into consideration the fact of injuries, awarded global compensation of Rs.50,000/- along with medical bills of Rs.1,68,639/0 and Rs.31,000/- towards ‘loss of income during laid up period’, in all, - 4 - HC-KAR CNR: KAHC010681782023 NC: 2026:KHC:43105 MFA No. 8613 of 2023 awarded compensation of Rs.2,49,639/-, of which more than 50% is medical bills and as such, sought to enhance the compensation. 4. Sri.Rakesh with equal vehemence submits that in the absence of any oral evidence by the doctor, who is the author of the document, the Tribunal has properly considered and awarded appropriate compensation and sought to dismiss the appeal. 5. Having considered the rival submissions, looking at the injuries suffered, though there is no evidence of doctor on disability, this Court is of the opinion that if another sum of Rs.50,000/- is awarded as global compensation, same would meet the ends of justice. 6. Accordingly, this Court proceeds to pass the following: ORDER (i) The appeal is allowed. - 5 - HC-KAR CNR: KAHC010681782023 NC: 2026:KHC:43105 MFA No. 8613 of 2023 (ii) The judgment and award dated 14.07.2023 passed by the VII Additional Small Causes Judge and the Motor Accident Claims Tribunal (SCCH-5) at Bengaluru2, in MVC No.2456/2022, is hereby modified to the extent of awarding another global compensation of Rs.50,000/- along with interest @ 6% p.a. from the date of petition till realization. (iii) The respondent No.1/insurer shall deposit the compensation along with interest before the Tribunal within six weeks from the date of receipt of certified copy of this order. (iv) On deposit, the Tribunal shall release the entire compensation amount in 2 For short ‘Tribunal’ - 6 - HC-KAR CNR: KAHC010681782023 NC: 2026:KHC:43105 MFA No. 8613 of 2023 favour of the claimant on due identification. (v) No order as to costs. Sd/- (T.M.NADAF) JUDGE DR List No.: 1 Sl No.: 17 ct-vn