- 1 - HC-KAR NC: 2026:KHC:15800 M.F.A. No.7100/2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.7100/2018 (MV-I) BETWEEN: SRI. NAGESH POOJARY S/O NARASU POOJARY AGED ABOUT 39 YEARS R/O. ALTHARUNMANE HALAVALLI VILLAGE, HANGALORE POST KUNDAPURA TALUK - 576201. &APPELLANT (BY SRI. NAGARAJA HEGDE, ADV.,) AND: 1. SRI. T. KRISHNA JOGI S/O JOGI POOJARY AGED ABOUT 77 YEARS R/O. CHITHRAPADI VILLAGE SALIGRAMA POST UDUPI TALUK - 576101. 2. THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, UDUPI - 576101 REP BY ITS BRANCH MANAGER. &RESPONDENTS (BY SRI. K.S. LAKSHMINARASAPPA, ADV., FOR SRI. A.M. VENKATESH, ADV., FOR R2 NOTICE TO R1 IS D/W) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15800 M.F.A. No.7100/2018 THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 08/01/2018, PASSED IN MVC NO.87/2017, ON THE FILE OF THE ADDITIONAL DISTRICT & SESSION'S JUDGE, UDUPI, (SITTING AT KUNDAPURA), 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/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 08.01.2018 passed in MVC.No.87/2017 by the Additional District and Sessions Judge, and Additional MACT, Udupi, (sitting at Kundapura), Kundapura, (for short, 8Tribunal9). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Sri.Nagaraja Hegde, learned counsel for the appellant submits that the Tribunal awarded meager compensation of Rs.27,935/- by ignoring the injuries - 3 - HC-KAR NC: 2026:KHC:15800 M.F.A. No.7100/2018 suffered by the appellant-injured as per Ex.P-11 and other evidence on record. Hence, he seeks to enhance the compensation by allowing the appeal. 4. Sri.K.S.Lakshminarasappa, learned counsel for Sri.A.M.Venkatesh, learned counsel for respondent- Insurance Company supports the judgment and award of the Tribunal and contends that the appellant has neither examined the doctor nor produced the disability certificate and further submits that based on the wound certificate as per Ex.P-11, the compensation awarded by the Tribunal is just and proper and needs no interference. 5. Having heard the learned counsel appearing on both the sides, perused the material available on record. 6. It is to be noticed that the appellant-injured met with a road accident on 23.06.2014 and as per the wound certificate - Ex.P11 issued by Dr.N.R.Acharya Memorial Hospital, Koteshwara, the appellant-injured suffered injury of cut lacerated wound over the frontal - 4 - HC-KAR NC: 2026:KHC:15800 M.F.A. No.7100/2018 scalp (forehead), 1cm x ½ cm cut lacerated wound over right eye and mild contusion over right lower chest. The evidence on record indicates that the appellant-injured was an in-patient in the hospital from 23.06.2014 to 25.06.2014. Taking note of the oral and documentary evidence on record, I am of the considered view that interest 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, an additional compensation of Rs.60,000/- is awarded to the appellant. 7. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed. The respondent-Insurance Company shall deposit the additional compensation of Rs.60,000/- with interest at 6% per annum from the date of petition till the date of payment before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. On such deposit, the - 5 - HC-KAR NC: 2026:KHC:15800 M.F.A. No.7100/2018 additional compensation shall be released in favour of the appellant-claimant. Registry shall transmit the records to the Tribunal forthwith. Registry to draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 2 Sl No.: 6