- 1 - HC-KAR NC: 2026:KHC:187 MFA No. 3701 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5THDAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.3701 OF 2020(MV-I) BETWEEN: KARTHIK.H.S. S/O SRINIVASA.H.E., AGED 22 YEARS, R/O CHANDUPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571436. …APPELLANT (BY SRI. PRAMOD.R., ADVOCATE) AND: 1. SRI.ANANDA B.MOVA MAJOR, R/O NO 63, ARAVINDS CAUVERY APARTS, SUBRAMANYAPURAN ROAD, BENDRENAGARA, BSK II STAGE, BANGALURU-570048. 2. THE BRANCH MANAGER, ICICI LOMBARD GENERAL INSURANCE CO LIMITED, 1STFLOOR, MYTHRI ARCADE, KANTHARAJ URS NEW ROAD, SARASWATHIPURAM, MYSORE-571408. …RESPONDENTS (BY SRI. B.C.SHIVANNEGOWDA., ADVOCATE FOR R2; NOTICE TO R1-DISPENSED WITH V/O DTD:10.07.2023) THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.07.2018 PASSED IN MVC NO. 455/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MADDUR, PARTLY ALLOWING THE CLAIM PETITION FOR - 2 - HC-KAR NC: 2026:KHC:187 MFA No. 3701 of 2020 COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT 1. The present appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988, seeking to challenge an order dated 19.07.2018 in MVC No.455/2015 passed by the learned Senior Civil Judge & MACT, Maddur (hereinafter referred to as the “Impugned Judgment”). By the Impugned Judgment, the compensation of Rs.4,40,962/- has been awarded to the appellant/petitioner along with interest at the rate of 9% per annum. 2. Briefly, the facts of the case are that on 16.04.2013 at about 8.30 A.M., the appellant/petitioner was proceeding as a pillion rider in a Honda Activa vehicle ridden by one Basavaraju and both of them were proceeding on Bengaluru-Mysuru Highway. At that time, a Skoda Car bearing registration No.KA- 51/B-24 stated to being driven by its driver in a rash and negligent manner and at a high speed came from behind and - 3 - HC-KAR NC: 2026:KHC:187 MFA No. 3701 of 2020 collided with the motor cycle on account of which, both the rider and the pillion rider fell down. The appellant/petitioner who was the pillion rider sustained severe injuries to his right leg and was shifted to MIMS Hospital, Mandya and he remained admitted for about 45 days. 2.1 The appellant/petitioner filed a claim petition before the learned Trial Court claiming compensation of Rs.40,00,000/- on the ground that he was doing agricultural work and earning Rs.8,000/- to Rs.10,000/- per month. Upon examination of the pleadings and evidence on record, the learned Trial Court has awarded a compensation of Rs.4,40,962/- with interest at 9% per annum. 3. Learned counsel for the parties jointly submit that they have amicably resolved their disputes inter se. Learned counsel for the respondent No.2-Insurance Company submits on instructions that the Insurance Company agrees to pay an additional compensation in a sum of Rs.70,000/- in two parts, i.e. an addition of Rs.60,000/- under the head of “discomfort, inconvenience and loss of earning during the hospitalization”, an addition of Rs.10,000/- under the head of “future medical - 4 - HC-KAR NC: 2026:KHC:187 MFA No. 3701 of 2020 expenses”. In addition, it is contended that the enhanced compensation be awarded 6% interest p.a. from the date of the claim petition. 4. Learned counsel for the appellant/petitioner submits on instructions that this additional compensation of Rs.70,000/- is acceptable as is, at the rate of interest of 6% thereon. 5. In view of the above, this Court proceeds to pass the following: ORDER i) The appeal is disposed of. ii) The Impugned Judgment and Award dated 19.07.2018 in MVC No.455/2015 passed by the Senior Civil Judge and MACT, Maddur, is modified and the appellant/petitioner is entitled to a compensation of Rs.70,000/- with 6% interest per annum, in addition to the compensation of Rs.4,40,962/- awarded by the Tribunal. (iii) The remaining portion of the Impugned Award of the Tribunal is undisturbed. - 5 - HC-KAR NC: 2026:KHC:187 MFA No. 3701 of 2020 (iv) The Insurance Company shall deposit the enhanced compensation with interest at 6% p.a. within a period of six weeks from the date of receipt of the judgment. (v) The Registry is directed to draw the modified Award accordingly. (vi) Registry is directed transmit a copy of this judgment to the concerned Tribunal. (vii) No order as to costs. [ 6. All pending applications stand disposed of. (TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 24 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA