- 1 - HC-KAR NC: 2026:KHC:6927 MFA No. 9258 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 9258 OF 2017 (MV-I) BETWEEN: THE REGIONAL MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, 1ST FLOOR, KRUTHIKA ARCADE, K.P.L.S.A.S., NO.329, 331 N.R.CIRCLE, HOLENARASIPURA ROAD, HASSAN. ALSO AT THE RELIANCE GENERAL INSURANCE COMPANY LTD., EAST WING, 5TH FLOOR NO.28, CENTENARY BUILDING, M.G.ROAD, BENGALURU - 560 001. NOW REPRESENTED BY MANAGER LEGAL. …APPELLANT (BY SRI. ASHOK N. PATIL, ADVOCATE) AND: 1. NANJEGOWDA S/O NARASINGEGOWDA, AGED ABOUT 31 YEARS, SHANTHIGRAMA, SHANTHIGRAMA HOBLI, HASSAN TALUK. 2. H.S.SHANKARA Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6927 MFA No. 9258 of 2017 S/O SANNEGOWDA, SRI SIDDESWARA KARUNA NILAYA, RAGHUPATHI KOPPALU, RAMANATHAPURA HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT. …RESPONDENTS (R1 IS SERVED AND UNREPRESENTED; VIDE ORDER DATED 18.01.2018, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.10.2017 PASSED IN MVC NO.2012/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MACT, HASSAN, AWARDING COMPENSATION OF RS.2,47,460/- WITH INTEREST AT THE RATE OF 6% 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for the appellant is present. 2. In spite of service of notice, the learned counsel for the respondents did not turn up. - 3 - HC-KAR NC: 2026:KHC:6927 MFA No. 9258 of 2017 3. This appeal is filed by the insurance company under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 10.10.2017 passed in MVC No.2012/2014 on the file of the Prl. Senior Civil Judge and Member, Additional MACT, Hassan. 4. Heard the arguments of the learned counsel for the appellant. The ranks of the parties are retained as per Tribunal for the sake of convenience. 5. The petitioner/injured claimant met with an accident on 29.04.2014 and filed a claim petition claiming compensation of Rs.12,00,000/-. The Tribunal after considering the entire evidence on record granted a sum of Rs.2,47,460/- with interest at the rate of 6% per annum from the date of the petition till its realisation. Aggrieved by the said award, the insurance company has preferred the present appeal. 6. It is stated that the Tribunal erred in considering the advance bill for an amount of Rs.86,470/-, - 4 - HC-KAR NC: 2026:KHC:6927 MFA No. 9258 of 2017 as the same was disputed during cross-examination. Therefore, the amount of Rs.1,37,500/- awarded by the Tribunal towards medical expenses is excessive. It is further contended that the Tribunal erred in taking the whole-body disability at 4%. Thus requested for reduction of the compensation. 7. The petitioner sustained an injury to his right middle finger, including a crush injury with poor distal viability. On evaluation, the third digit of the right hand was found to be gangrenous and was amputated. Therefore, this Court finds that the assessment of 4% disability to the right upper limb by the Tribunal is based on a proper appreciation of the facts and it need not be interfered. However, as per the medical documents on record, the claimant is entitled only to a sum of Rs.74,420/- towards medical expenses instead of Rs.1,37,500/-. The amounts awarded under the other heads needs no interference. - 5 - HC-KAR NC: 2026:KHC:6927 MFA No. 9258 of 2017 8. Thus in all, compensation awarded by this Court is as below: 9. Hence, the compensation granted by the Tribunal is reduced from Rs.2,47,460/- to Rs.1,84,380/-. 10. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 10.10.2017 passed in MVC No.2012/2014 Sl.Nos. Particulars Amount in Rs. 1 Towards loss of income due to disability 48,960/- 2 Towards pain and suffering 25,000/- 3 Towards loss of incme during treatment period 6000/- 4 Towards medical expenses 74,420/- 5 Towards loss of amenities 15,000/- 6 Towards food and nourishment charges 15,000/- Total 1,84,380/- - 6 - HC-KAR NC: 2026:KHC:6927 MFA No. 9258 of 2017 on the file of the Prl. Senior Civil Judge and Member, Additional MACT, Hassan, is modified. iii. The insurance company/appellant has deposited only 50% of the compensation amount before the Tribunal and is directed to deposit the balance amount along with the interest accrued on it within one month from the date of this order. iv. On such deposit, the petitioners are permitted to withdraw the amount as per the order of the Tribunal. v. The amount in deposit shall be transferred to the MACT. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 88