- 1 - HC-KAR NC: 2026:KHC:2472 MFA No. 3429 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3429/2025 (MV-I) BETWEEN: SRI.NAGARAJU, S/O HONNAIAH, AGED ABOUT 32 YEARS, R/AT 215, NORTH BANK, CHIKKAYARAHALLI, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 607. …APPELLANT (BY SRI. SYED ABDUL SABOOR., ADVOCATE) AND: 1. SRI VENKATESH B V, S/O VENKATEGOWDA, AGED ABOUT 47 YEARS, R/AT 2ND BLOCK, BANNANGADI VILLAGE, CHINAKURALI HOBLI, PANDVAPURA TALUK, MANDYA DISTRICT-571 402. 2. THE MANAGER, HDFC ERGO GENERAL ASSURANCE CO.LTD. BRANCH MAHARAJA COMPLEX, OPP. SUB URBAN BUS STAND, NAZARBAD, BENGALURU NEELGIRI ROAD, MYSURU - 570010. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:2472 MFA No. 3429 of 2025 V/O DTD:21.08.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.21.01.2025 PASSED IN MVC NO.281/2023 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND MACT, MYSURU, 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 This appeal is filed against the judgment and award dated 21.01.2025 passed by the IV Additional District Judge and MACT, Mysuru, in MVC No.281 of 2023. 2. Injured claimant, aged of 30 years, met with an accident on 10.05.2022 and filed claim petition claiming compensation of Rs.3,00,000/-. The Tribunal, considering the entire evidence on record, granted global compensation of Rs.1,00,000/- with interest at the rate of 6% per annum from date of petition till realisation. 3. Aggrieved by the said order, the claimant has preferred this appeal and mainly contented that he was working as a coolie and earning Rs.20,000/- per month. No amounts - 3 - HC-KAR NC: 2026:KHC:2472 MFA No. 3429 of 2025 are granted under the other heads and thus, requested for enhancement of the compensation. 4. Heard the arguments of learned counsel for both sides. 5. Petitioner-claimant sustained the following injuries as per Exhibit P5. “I. Injuries sustained over Head and Face. a) A diffuse contused, Tender swelling, over left frontal region of scalp heed. b) A fresh, lacerated wound over left side of cheek of region, measuring 4X2X2cms, with sumounding swelly and tenderness. CT SCAN Brain: Left mexillary sinus pechtre, with soft swelly. II. A contused tenderness over left shoulder region.“ 6. Out of the said injuries, the injuries sustained to brain are grievous in nature. The claimant was hospitalized for a period of four days. He incurred Rs.17,338/- towards medical expenses. The Tribunal considered all the aspects and granted compensation of Rs.1,00,000/-. This Court finds it reasonable to grant an additional amount of Rs.50,000/- in addition to the compensation granted by the Tribunal. - 4 - HC-KAR NC: 2026:KHC:2472 MFA No. 3429 of 2025 7. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The Claimant is entitled for an additional compensation of Rs.50,000/- with interest at 6% per annum from the date of petition till the date of realization, in addition to the compensation of Rs.1,00,000/- awarded by the Tribunal. (iii) Respondent No.2-Insurance company is directed to deposit the aforesaid compensation 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.: 97