- 1 - HC-KAR NC: 2026:KHC:21635 M.F.A. No.7646/2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.7646/2018 (MV-I) BETWEEN: SMT. ASHWINI W/O MANJUNATHA AGED ABOUT 28 YEARS TAILOR BY PROFESSION R/O PILLEKERENAHALLI VILLAGE CHITRADURGA TQ & DIST-577501. &APPELLANT (BY SRI. SPOORTHY HEGDE N, ADV.,) AND: 1. INDUS IND GENERAL INSURANCE CO. LTD., BY ITS BRANCH MANAGER 1ST FLOOR, MAGANURU COMMERCIAL COMPLEX, NEAR KSRTC BUS STAND B.D. ROAD, CHITRADURGA-577501. 2. SRI. DADAPEER S/O ABDUL JABBAR SAB AGED ABOUT 53 YEARS OWNER OF LORRY NO.KA-16-A-5452 R/O. NEW SANTHE MAIDANA CHITRADURGA-577501. &RESPONDENTS (BY SRI. H.C. BETSUR, ADV., FOR R1 V/O/DTD:07.02.2022, NOTICE TO R2 IS D/W) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21635 M.F.A. No.7646/2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.06.2018 PASSED IN MVC NO.986/2017 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & MACT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, 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/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 30.06.2018 passed in MVC.No.986/2017 by the Principal Senior Civil Judge & MACT, Chitradurga, (for short, 8Tribunal9). 2. Heard Sri.Spoorthy Hegde N., learned counsel for the appellant and Sri.H.C.Betsur, learned counsel for the respondent No.1-Insurance Company. 3. The appellant is seeking higher compensation in this appeal by raising various grounds. The Tribunal, considering the oral and documentary evidence produced by appellant-PW2, awarded compensation of Rs.42,000/-. - 3 - HC-KAR NC: 2026:KHC:21635 M.F.A. No.7646/2018 The perusal of the wound certificate at Ex.P11 issued by the District Government Hospital, Chitradurga, indicates that the appellant sustained lacerated wound over right forehead, lacerated wound over ventex and pain and tenderness over the knee. The appellant was provided treatment from 11.09.2016 to 14.09.2016 for 3 days for the aforesaid injuries. The prescription at Ex.P13 issued by City Central Hospital, Davangere, corroborates with Ex.P11 with regard to the injuries suffered by the appellant. The appellant has neither examined the doctor nor placed any evidence to assess the disability. The perusal of the oral and documentary evidence on record indicate that the appellant has sustained injuries, there is no fracture and she was provided with the treatment for the said injuries. Considering the same, I am of the view that instead of awarding a meager compensation under some of the heads, it would be just and appropriate to award an additional compensation of Rs.40,000/- in addition to what has been awarded by the Tribunal. Accordingly, an - 4 - HC-KAR NC: 2026:KHC:21635 M.F.A. No.7646/2018 additional compensation of Rs.40,000/- is awarded to the appellant-claimant. 4. Learned counsel appearing for respondent No.1 submits that now respondent No.1-company is called as IndusInd General Insurance Company Ltd. 5. His submission is placed on record and is permitted to carryout necessary amendment in the memorandum of appeal. 6. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed. The additional compensation amount of Rs.40,000/- shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. The respondent No.1/IndusInd General Insurance Company Ltd. shall deposit the additional compensation along with accrued interest before the Tribunal within a - 5 - HC-KAR NC: 2026:KHC:21635 M.F.A. No.7646/2018 period of six weeks from the date of receipt of certified copy of this judgment. On such deposit, the additional compensation amount along with accrued interest shall be released in favour of the appellant-claimant. Registry shall draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 18