- 1 - HC-KAR NC: 2026:KHC:525 MFA No. 7555 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 7555 OF 2016 (MV-I) BETWEEN: SMT. HOOVAMMA, W/O P.C. RAJANNA, AGED ABOUT 53 YEARS, R/O PUDUVALU VILLAGE, BELUR TLAUK, HASSAN DISTRICT-573 201. …APPELLANT (BY SRI H.T JAGADEESH, ADVOCATE) AND: 1. CHOWDAIAH, S/O SIDDAIAH, AGED ABOUT 35 YEARS, R/O DODDIHATTI, SAKREPATNA, KADUR TALUK-58132. 2. CHITRAKUMARA, S/O DASEGOWDA, AGED ABOUT 35 YEARS, R/O THIRUMALA DEVARAHATTI, KADUR TALUK-58132. 3. THE MANAGER, H.D.F.C. ERGO GENERAL INSURANCE CO. LTD., BRANCH OFFICE, CHIKMAGALUR-58132. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:525 MFA No. 7555 of 2016 4. R THIPPERUDRAIAH, S/O REVAIAH, R/O A.P. KAREHALLY, HOSADURGA TALUK, CHITRADURGA DIST.-50168. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N.A & SRI B PRADEEP, ADVOCATES FOR R-3; NOTICE TO R-1, R-2 & R-4 IS DISPENSED WITH V/O DATED 13.08.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.06.2013 PASSED IN MVC NO.183/2014 ON THE FILE OF THE 2ND ADDITIONAL DISTRICT JUDGE AND MMACT, CHIKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT Being aggrieved by the judgment in MVC.No.183/2013 dated 23.06.2013 by the II Additional District Judge and MACT, Chikmagalur, the petitioner is before this Court in appeal seeking enhancement of the compensation. - 3 - HC-KAR NC: 2026:KHC:525 MFA No. 7555 of 2016 2. Learned counsel appearing for the petitioner would submit that the petitioner had sustained head injury in a road traffic accident dated 26.12.2012 involving the tractor owned by respondent No.2 and insured by respondent No.3. It is submitted that the Tribunal has awarded a sum of Rs.8,500/- towards the injuries suffered by the petitioner and the said compensation is abysmally low and there is a need for enhancement of the same. 3. Per contra, learned counsel appearing for the respondent No.3 submits that the compensation awarded by the Tribunal is proper and adequate. 4. The fact that there was an accident and the respondent No.2-Insurance Company is liable to pay the compensation is not disputed. Therefore, on perusal of Ex.P7-Wound Certificate which shows that she had suffered an injury that is an irregular contusion on her forehead and the Medical Officer had opined that it is a simple injury. However, she had undergone diagnostic tests, for which, she had spent Rs.3,500/- and therefore, - 4 - HC-KAR NC: 2026:KHC:525 MFA No. 7555 of 2016 the Tribunal awarded a sum of Rs.8,500/- to her. It is pertinent to note that apart from the diagnostic tests for which she spent Rs.3,500/-, it could be said that she also spent for conveyance and therefore, it would be just and proper to award a sum of Rs.5,000/- towards 'conveyance expenses', a sum of Rs.5,000/- towards 'loss of income during laid up period'. Therefore, in addition to the compensation awarded by the Tribunal, it would be proper to award a sum of Rs.10,000/- to her. Hence, the following: ORDER (i) Appeal is allowed in part. (ii) The impugned judgment and award passed by the Tribunal in MVC.No.183/2013 is modified by awarding a sum of 10,000/- in addition to what has been awarded by the Tribunal together with interest at 6% p.a. from the date of petition till its deposit. - 5 - HC-KAR NC: 2026:KHC:525 MFA No. 7555 of 2016 (iii) The respondent No.3-Insurance company is directed to deposit the compensation amount within a period of six weeks from the date of this order. (iv) Rest of the order of the Tribunal stands unaltered. Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 30