- 1 - HC-KAR NC: 2026:KHC:3684 MFA No. 8378 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 8378 OF 2016 (MV-I) BETWEEN: THE ORIENTAL INSURANCE COMPANY LTD., KRISHNA PRASAD BUILDING, 3RD FLOOR, M.G.ROAD, LALBAGH, C B -01, MANGALORE, D.K.DISTRICT. REP. BY ITS ADMINISTRATIVE OFFICER, R.O.AT NO 44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE-560 025. …APPELLANT (BY SRI S SRISHAILA, ADVOCATE) AND: 1. SMT. ASMA, W/O BADRUDDIN, AGED ABOUT 34 YEARS, R/O MANCHI SITE HOUSE, DOOR NO.2-282, NEAR M G M MASJID, MANCHI POST, BANTWAL TALUK, PRESENTLY RESIDING AT ZOHARA MANZIL, PADEEL, MANGALURU TALUK. 2. MADHAVASHETTY, AGED ABOUT 56 YEARS, S/O LATE MANJAYYA SHETTY, R/O ANNABELLE MANNER, 2ND FLAT NO.31, NEAR KMC HOSPITAL, MANGALORE. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3684 MFA No. 8378 of 2016 3. THE MANAGING DIRECTOR KSRTC, BANGALORE. …RESPONDENTS (BY SRI GURUPRASAD B.R, ADVOCATE FOR R-1; NOTICE TO R-2 & R-3 IS DISPENSED WITH V/O DATED 14.12.2023) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.07.2016 PASSED IN MVC NO.900/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, MACT, MANGALURU, D.K., AWARDING COMPENSATION OF Rs.69,100/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT Heard learned counsel for the appellant and learned counsel for respondent No.1. 2. Though this Court would have dismissed the appeal for non-prosecuting the same, nevertheless the submission of learned counsel for the appellant and respondent No.1 are noted. 3. The appellant is the Insurance company assailing the quantum of compensation awarded by the - 3 - HC-KAR NC: 2026:KHC:3684 MFA No. 8378 of 2016 Tribunal in MVC No.900/2014 on the ground that the same is on the higher side. 4. The petitioner in the said petition had suffered 1) Loss of upper left central and right upper lateral incisor and loosening of right upper central incisor bleeding, 2) contusion of the upper lip and 3) contusion of the scalp in the right parital region. 5. The Tribunal after assessing the evidence on record, awarded a sum of Rs.30,000/- under the head of 'pain and suffering', a sum of Rs.2,500/- under the head of 'attendant charges, food and extra nourishment, conveyance etc.', a sum of Rs.11,000/- in respect of 'loss of income during the treatment period' and a sum of Rs.25,600/- towards 'future medical expenses' based on the bills produced. 6. Obviously, out of the total amount of Rs.69,100/-, a sum of Rs.25,600/- pertains to the medical expenses only. Therefore, when we examined the nature - 4 - HC-KAR NC: 2026:KHC:3684 MFA No. 8378 of 2016 of the injuries suffered as stated supra, the compensation amount cannot be held to be exorbitant or imaginary. Therefore, this Court finds that there is no merit in the present appeal and as such, the same is dismissed. The amount in deposit is ordered to be transmitted to the Tribunal. Sd/- (C M JOSHI) JUDGE AKC, NR List No.: 1 Sl No.: 12