- 1 - HC-KAR NC: 2026:KHC:5269 MFA No. 174 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 174 OF 2025 (MV-I) BETWEEN: PARAMESH S/O ESWARAPPA NOW AGED ABOUT 45 YEARS R/AT BHARAMAPURA VILLAGE, HIRIYUR TALUK, CHITRADURGA DISTRICT - 572 143. …APPELLANT (BY SRI. RANGEGOWDA N.R, ADVOCATE) AND: 1. SMT. NIRMALA W/O LATE HANSURAJ JAYANTH AGED MAJOR, NIRMALA ENTERPRISES, BANGALORE ROAD, CHALLAKERE CHITRADURGA DISTRICT - 577 522. 2. THE MANAGER IFFCO TOKIO GIC LTD., REP BY ITS MANAGER R/AT THIPPEWAMY ARCADE 1ST FLOR, ABOVE BANK OF INDIA CHITRADURGA TOWN - 577 501. …RESPONDENTS (BY SRI. P.S. JAGADISH, ADVOCATE FOR R2; VIDE ORDER DATED 21.01.2025, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:5269 MFA No. 174 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.23.10.2024 PASSED IN MVC NO.686/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, HIRIYUR, CHITRADURGA DISTRICT, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 23.10.2024 passed in MVC No.686/2022 on the file of the Senior Civil Judge, MACT, Hiriyur, Chitradurga District, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.16,00,000/-. The - 3 - HC-KAR NC: 2026:KHC:5269 MFA No. 174 of 2025 Trial Court considering the entire evidence on record granted global compensation of Rs.40,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Being aggrieved by the said order, this appeal is filed. 4. Learned counsel for the appellant contended that the petitioner/injured met with an accident on 17.07.2021 and sustained injuries. It is further submitted that the Tribunal has awarded meagre compensation of Rs.40,000/- without considering the nature of injuries and period of hospitalization and also requested for enhancement of compensation with interest at 9% per annum. 5. As per Ex.P.6-wound certificate the petitioner/injured sustained the following six injuries, which are simple in nature: 1. Lacerated wound measuring about 8cm x 2cm, present over the left parietal area 2. Abrasion present over the right hand. 3. Swelling and tenderness present over the right knee joint. 4. Abrasion present over the right leg (medial aspect). 5. Abrasion present over the right parietal area. - 4 - HC-KAR NC: 2026:KHC:5269 MFA No. 174 of 2025 6. Lacerated wound measuring about 3cm x 2cm, present over the right knee joint. 6. The petitioner/injured was hospitalized for a period of two days. He has not examined the doctor and as such, the question of assessing disability does not arise. Considering the nature of injuries, the Tribunal has awarded a global compensation of Rs.40,000/-. This Court finds it reasonable to grant a additional sum of Rs.30,000/- in addition to the amount granted by the Tribunal. Accordingly, the compensation is enhanced from Rs.40,000/- to Rs.70,000/- with interest at the rate of 6% per annum. 7. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 23.10.2024 passed in MVC No.686/2022 on the file of the Senior Civil Judge, MACT, Hiriyur, Chitradurga District, is modified. - 5 - HC-KAR NC: 2026:KHC:5269 MFA No. 174 of 2025 iii. The claimant is entitled to a sum of Rs.70,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.40,000/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.30,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 61