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2026 DAILYLAW 47436 (KAR)

SRI ARTHUR STANLELY v. SRI GOPINATH REDDY

MFA/1173/2016 · 2026-01-28

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4742 MFA No. 1173 of 2016 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. 1173/2016 (MV-I) BETWEEN: SRI ARTHUR STANLELY S/O LATE ALEXANDER, AGED ABOUT 57 YEARS, RESIDENT OF NO.1056, GANGAMMANAPALYA, KOLAR TOWN-563101, KOLAR DISTRICT. …APPELLANT (BY SRI. CHETHAN B., ADVOCATE) AND: 1. SRI GOPINATH REDDY MAJOR, RESIDENT OF NO.21, 1ST B CROSS, BEHIND SANDYA THEATRE, OLD MADIWALA, BANGALORE-68. 2. THE MANAGER HDFC ERGO GENERAL INSURANCE CO. LTD., NO. 25/1, 2ND FLOOR, SHANKARANARAYANA BUILDING, M.G.ROAD, BANGALORE-560 001. …RESPONDENTS (BY SRI. D.L. VIJAY KUMAR, ADVOCATE FOR R1 AND R2(VC)) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.11.2015 PASSED IN MVC Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:4742 MFA No. 1173 of 2016 NO.4487/2014 ON THE FILE OF THE MEMBER PRL MACT AT BANGALORE. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT The Member, Principal Motor Accident Claims Tribunal, Bengaluru, passed a common award dated 04.11.2015 in MVC No.4486 of 2014 connected with MVC Nos.4487 of 2014 and No.4488 of 2014. 2. The present appeal is filed by the injured claimant against the award passed in MVC No.4487 of 2014. The injured claimant met with an accident on 24.08.2014 and filed claim petition claiming compensation of Rs.15,00,000/-. The Tribunal, considering the entire evidence on record, granted Rs.70,000/- global compensation. Aggrieved with the said award this appeal is preferred in which it is mainly contented that the Tribunal has not granted any amount under the other heads and granted meager compensation of Rs.70,000/- and thus, requested for enhancement of the compensation. - 3 - HC-KAR NC: 2026:KHC:4742 MFA No. 1173 of 2016 3. Heard the arguments of learned counsel both sides. 4. Petitioner has sustained closed displaced comminuted fracture of right clavicle junction of lateral 1/3rd and middle 1/3rd and other bleeding injuries all over the body. The petitioner took treatment at R.L.Jalappa hospital as inpatient for five days. He sustained only abdominal mobility over right clavicle region. He has not examined the doctor and he incurred Rs.14,506/- as per Exhibit P17 towards medical expenses. Considering the same, the Tribunal granted Rs.70,000/- as total compensation. 5. This Court finds it reasonable to grant an amount of Rs.60,000/- in addition to the amount already granted by the Tribunal. So, the total compensation is enhanced from Rs.70,000/- to Rs.1,30,000/-. 6. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The claimant is entitled for the total compensation of Rs.1,30,000/- with interest at 6% per annum from the date of petition till the date of realization. - 4 - HC-KAR NC: 2026:KHC:4742 MFA No. 1173 of 2016 (iii) The respondent insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.60,000/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 84