- 1 - HC-KAR NC: 2026:KHC:2137-DB MFA No. 6951 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No. 6951 OF 2023 (MV-I) BETWEEN: 1. SRI. KOWSHIK K.S., S/O SHEKAR, AGED ABOUT 24 YEARS, KOTTANAGHATTA VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573135. …APPELLANT (BY SRI H.D. SOMESHA, ADVOCATE FOR SRI RAJARAMA SOORYAMBAIL, ADVOCATE) AND: 1. DEVARAJU, S/O BOREGOWDA, AGED ABOUT 46 YEARS, R/O RAGIBOMMENAHALLI VILLAGE, SHRAVANABELAGOLA HOBLI, (VEHICLE No.KA-13-B-3753 LORRY OWNER) Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2137-DB MFA No. 6951 of 2023 2. THE MANAGER HDFC ERGO RELIANCE GENERAL INSURANCE CO. LTD., KRUTHIKA ARCKED, NEAR N. R. CIRCLE, H. N. PURA ROAD, HASSAN. …RESPONDENTS (BY SRI D. VIJAYA KUMAR, ADVOCATE FOR R2; R1 SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.06.2023 PASSED IN MVC No.1302/2022 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN (SIT AT CHANNARAYAPATNA), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR NC: 2026:KHC:2137-DB MFA No. 6951 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The appellant-claimant, is before this Court not being satisfied with the quantum of compensation awarded under the judgment and award dated 09.06.2023 in MVC No.1302/2022 on the file of IV Additional District and Sessions Judge, Hassan, sitting at Channarayapatna (for short, 'the Tribunal') with a prayer to grant enhanced compensation. 2. The claimant filed claim petition under Section 166 of the Motor Vehicles Act claiming compensation for the accidental injuries suffered in a road traffic accident that took place on 25.03.2022 involving motorbike bearing Reg.No.KA-13-C-3290 and tipper lorry bearing Reg.No.KA-17-B-3753. It is stated that the claimant was earning a sum of Rs.50,000/- per month and was aged 23 years as on the date of accident. 3. On issuance of notice, respondent Nos.1 and 2 appeared before the Tribunal and respondent No.1 in his written statement contended that the accident in question occurred due to the negligence of the injured himself and the tipper lorry in question was insured with respondent No.2 and the policy was in - 4 - HC-KAR NC: 2026:KHC:2137-DB MFA No. 6951 of 2023 force as on the date of the accident. Respondent No.2-Insurance Company in his objection, contended that driver of the tipper lorry was not having valid and effective driving license to drive the lorry. As such, the first respondent has violated the terms and conditions of the policy. Thus, prayed for dismissal of the claim petition. 3.1 The claimant, in support of his claim, examined PWs.1 to 4 including 2 doctors and marked exhibits P1 to P49. No evidence was led on behalf of the respondents. The Tribunal, on consideration of the material on record, awarded a total global compensation of Rs.1,30,000/- along with interest at the rate of 6% per annum from the date of petition till realization. 4. Heard Sri. H.D. Somehsa, learned counsel for Sri. Rajarama Sooryambail, learned counsel for the appellant- claimant and Sri. D. Vijaya Kumar, learned counsel for respondent No.2-Insurance Company. 5. There is no appeal filed by respondent No.2-Insurance Company. 6. The accident that occurred on 25.03.2022 around 11.30 a.m. involving motorbike bearing Reg.No.KA-13-C-3290 - 5 - HC-KAR NC: 2026:KHC:2137-DB MFA No. 6951 of 2023 and tipper lorry bearing Reg.No.KA-17-B-3753, and the injuries sustained by the claimant are not in dispute. In terms of Ex.P27- wound certificate, the claimant has sustained four injuries namely, Pain, swelling over left ankle, tenderness over thoracolumbar region, abrasion over left arm and abrasion over lumbosacral region. Ex.P27 also indicates that fracture of transverse process of L1, L2, L3 and L4 veretbrae with grade 2 ankle sprain. PW.3-doctor, who deposed on behalf of the claimant, stated that no surgery was done and only conservative treatment was given to the claimant. It is also stated that the claimant was inpatient for two days. However, the doctor stated that the claimant has suffered 21.75% partial and permanent disability to left lower limb and 8% disability for Spine. Taking note of the evidence of PW.3 and the medical records, it is difficult to arrive at the disability as stated by the doctors. However, taking note of the injuries sustained and treatment taken, the Tribunal has awarded a global compensation of Rs.1,30,000/-. 7. Taking into consideration the totality of the claim, injuries suffered and the treatment taken, we enhance the global compensation awarded by the Tribunal from Rs.1,30,000/- to - 6 - HC-KAR NC: 2026:KHC:2137-DB MFA No. 6951 of 2023 1,60,000/- with interest at the rate of 6% per annum from the date of petition till realization. 8. Accordingly, the appeal is allowed-in-part with the above modification. Pending I.A's if any, stand disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 6