- 1 - HC-KAR NC: 2026:KHC:1970 MFA No. 5163 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5163/2025 (MV-I) BETWEEN: SMT. MACHI D/O. RANGA, R/O. POOJARIMANE, AGED ABOUT 73 YEARS, KASANADI, UPPUNDA VILLAGE, BYNDOOR TALUK, UDUPI DISTRICT-576 101. &APPELLANT (BY SRI. B. CHANDRASHEKARAIAH FOR SRI. NAGARAJA H R., ADVOCATES) AND: 1. SRI NAGESH S/O. GOPAL, AGED ABOUT 30 YEARS, R/AT JANATHA COLONY, UPPUNDA VILLAGE, BYNDOOR TALUK, UDUPI DISTRICT-576 101. 2. SRI MASTHI KHARVI, S/O. RAMA KHARVI, AGED ABOUT 37 YEARS, R/AT PANCHAKSHARI, DURGAYYAANAMANE, JANATHA COLONY, UPPUNDA VILLAGE, BYNDOOR TALUK, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:1970 MFA No. 5163 of 2025 UDUPI DISTRICT-576 214. 3. BAJAJ ALLIANZ GENERAL INSURANCE CO., LTD., SHOP NO.25, 26, 2ND FLOOR, ESSEL WILLCON COMPLEX, KANKANADAY POST, KADRI VILLAGE, MANGALORE TALUK AND DIST.-575 001. REP. BY ITS BRANCH MANAGER &RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R3, R1 AND R2 IS SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.03.2024 PASSED IN MVC NO.980/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 06.03.2024 in MVC No.980/2020 by the Senior Civil Judge and Additional MACT, Kundapura, for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:1970 MFA No. 5163 of 2025 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.3/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The injured claimant aged 68 years met with an accident on 10.11.2019 and filed claim petition claiming compensation of Rs.21,25,000/- along with interest at the rate of 12% p.a. The Tribunal granted global compensation of Rs.25,000/- along with interest at the rate of 6% p.a., from date of petition till deposit. 4. Aggrieved by the said order, the petitioner preferred an appeal and mainly contended that the compensation granted by the Tribunal is meager. She was working as a farmer and was earning Rs.15,000/- per month. Respondent Nos.1 and 2 remained ex-parte. She was hospitalized as an inpatient for 13 days and thus requested for enhancement of the compensation. - 4 - HC-KAR NC: 2026:KHC:1970 MFA No. 5163 of 2025 5. It is submitted by the learned counsel of respondent No.3 that both parties had agreed for additional amount of Rs.25,000/- globally and further stated that the Tribunal rightly granted the amount considering the injuries and it needs no interference. Petitioner sustained the following injuries as per wound certificate filed under Ex.P5; (1) Stappled laceration, measuring 4 cm present over the occipital region, situated 7 cm above external occipital protruderance, (2) Abrasion, reddish, present over the outer aspect of left foot, situated 4 cm below 5th toes (little toes), and (3) Swelling deformity present over the right forearm, situated 3 cm above right wrist. 6. The petitioner has not examined the doctor and thus the question of assessing the disability does not arise. She was aged 70 years. Considering the nature of injuries and age of the petitioner and the period of hospitalization, this Court finds it reasonable to grant an additional - 5 - HC-KAR NC: 2026:KHC:1970 MFA No. 5163 of 2025 amount of Rs.25,000/- along with the amount already granted by the Tribunal. Accordingly, this appeal is party allowed. The Insurance Company already deposited the awarded amount by the tribunal. Hence, the Insurance Company is directed to deposit additional compensation of Rs.25,000/- along with interest, at the rate of 6% within one month from the date of this order. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 66