- 1 - HC-KAR CNR: KAHC010647692024 NC: 2026:KHC:45781 MFA No. 7912 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 7912 OF 2024 (MV-I) BETWEEN: M.A.RAZAK S/O MUTTAL HASAN, AGE ABOUT 46 YEARS, R/AT KOTTOLI VILLAGE, K.BOIKERI POST, VIRAJPET TALUK, KODAGU DISTRICT – 571 218 …APPELLANT (BY SMT. JYOTHI S.K.,ADVOCATE) AND: 1. VARGHEES M.L S/O LENIN.M.S, AGE ABOUT 29 YEARS, R/AT HEGGALA VILLAGE AND POST, VIRAJPET TALUK, KODAGU -571218 2. RAVIKUMAR S/O ARERANGAIAH, AGE MAJOR, NO.310 SRI RANGA NILAYA, 6TH CROSS, MALLASANDRA MAIN ROAD, T.DASARAHALLI, NEAR ARUNODAYA HOSPITAL, BENGALURU – 560 067. 3. THE MANAGER, TATA / AIG INSURANCE COMPANY LTD., JANAKAPURI PLOT NO. 13, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010647692024 NC: 2026:KHC:45781 MFA No. 7912 of 2024 C BLOCK, 1ST FLOOR, JANAKA PURI – 110 058. REG.OFFICE 15TH FLOOR, TOWER A, PENINSULA, BUSINESS PARK, GANATRAO KADAM MARG, OFF SENAPATHI BAPAT MARG, LOWER PAREL, MUMBAI – 400 013. 4. NISAR AHAMMAD.S.A, S/O AFEEZU RAHAMAA, AGE MAJOR MOGRAGALLI, VIRAJPET TALUK, KODAGU DISTRICT - 571 218. 5. THE MANAGER OFF COD- 2W, FUTURE GENERAL INDIA INSURANCE COMPANY LTD, 1ST FLOOR NO.10, RAXIDI MANSION, TEMPLE ROAD, JAYALAKSHMI PURAM, MYSORE – 570 012. …RESPONDENTS (BY SRI. RAVI SAMPRATI, ADVOCATE FOR R3; SRI. SHIVANNE GOWDA, ADVOCATE FOR R5; V/O DATED 15.06.2026, NOTICE TO R1,R2 & R4 ARE D/WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2024 PASSED IN MVC NO. 41/2023 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI, SITTING AT VIRAJPET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR CNR: KAHC010647692024 NC: 2026:KHC:45781 MFA No. 7912 of 2024 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, assailing the judgment and award dated 27.06.2024 passed by the II Additional District and Sessions Judge, Kodagu-Madikeri, sitting at Virajpet1 in MVC No.41/2023. 2. The parties are referred to as per their ranking before the Tribunal. 3. Heard Smt.Jyothi.S.K, learned counsel appearing for the appellant/ claimant, Sri.Ravi Samprathi, learned counsel appearing for respondent No.3 - Insurer and Sri.Shivanne Gowda, learned counsel appearing for respondent No.5 - Insurer. Vide order dated 15.06.2026, 1 the Tribunal, for short - 4 - HC-KAR CNR: KAHC010647692024 NC: 2026:KHC:45781 MFA No. 7912 of 2024 notice of this appeal on respondents 1, 2 and 4 is dispensed with. 4. Smt.Jyothi.S.K, learned submits that the claimant suffered wound measuring 1 cm x 1/2 cm over right ankle and fracture of bimalleolar of right ankle and undergone surgery and 2 CC screws for medial malleolus and 1/3rd Tubular Plate for lateral malleolus done under Spinal Anesthesia and below knee slab was applied and was an in-patient for 9 days. The Tribunal without considering the injuries suffered awarded meager compensation of Rs.3,92,605/- with interest @ 6% per annum (excluding interest on medical expenses) and sought to enhance the compensation. 5. Though Sri.Ravi Samprathi, learned counsel argued in support of order passed by the Tribunal, however, he is not in serious dispute with the injuries suffered. - 5 - HC-KAR CNR: KAHC010647692024 NC: 2026:KHC:45781 MFA No. 7912 of 2024 6. Considering the rivals submissions as well as injuries suffered, treatment taken, surgery undergone and medical expenses incurred and period of in-patient, this Court is of the view that, if another global sum of Rs.80,000/- with interest of 6% per annum is awarded, the same would meet ends of justice. Accordingly, this Court proceeds to pass the following: ORDER (i) The appeal is allowed in part. (ii) The judgment and award dated 27.06.2024 passed by the II Additional District and Sessions Judge, Kodagu-Madikeri, sitting at Virajpet in MVC No.41/2023 is modified by awarding global compensation of Rs.80,000/- with interest of 6% per annum from the date of petition till realization. - 6 - HC-KAR CNR: KAHC010647692024 NC: 2026:KHC:45781 MFA No. 7912 of 2024 (iii) Respondent No.3 - Insurer shall deposit the entire enhanced compensation along with interest stated supra within six weeks from the date of receipt of copy of this order before the concerned Tribunal. (iv) Upon deposit, the entire amount shall be released in favor of the claimant on proper identification. (v) No order as to costs. Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 13