- 1 - HC-KAR NC: 2026:KHC:23613 M.F.A. No.1404/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.1404/2019 (MV-I) BETWEEN: SANTOSH S/O BASAVARAJU AGED ABOUT 37 YEARS R/O BULLAENHALLY VILLAGE SETTYKERE HOBLI C.N. HALLI TALUK TUMKUR DISTRICT-572214. …APPELLANT (BY SRI. MANJEGOWDA B.V. ADV., FOR SRI. K.A. CHANDRASHEKARA, ADV.,) AND: 1. VISHWANATH S/O SHIVALINGAIAH AGED ABOUT 29 YEARS R/O HONNAEBAGI KASABA HOBLI C N HALLI TALUK TUMKUR DISTRICT-572214. 2. THE NEW INDIA ASSURANCE CO LTD NO.1215, 12TH FLOOR NAURANG HOUSE, 21 KASTURBA GANDHI MARG NEW DELHI-110001 REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI. M. VINAYA KEERTHY, ADV., FOR R1 SRI. S.V. SUDHAKARA REDDY, ADV., FOR R2) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23613 M.F.A. No.1404/2019 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.11.2018 PASSED IN MVC NO.525/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE & XIX MACT, CHIKKANAYAKANAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the claimant challenging the judgment and award dated 30.11.2018 passed in M.V.C.No.525/2017 by the Senior Civil Judge and JMFC and XIX Motor Accident Claims Tribunal, Chikkanayakanahalli (for short, 'the Tribunal'). 2. Heard Sri.Manjegowda B.V., learned counsel appearing for Sri.K.A.Chandrasekhara, learned counsel for the appellant and Sri.S.V.Sudhakara Reddy, learned counsel appearing for the respondent No.2. - 3 - HC-KAR NC: 2026:KHC:23613 M.F.A. No.1404/2019 3. The appellant filed a claim petition before the Tribunal seeking compensation of Rs.15,00,000/- for the injuries suffered by him in a road accident dated 03.09.2016. In order to prove the claim, the appellant examined himself as PW-1, got examined PW-2 and PW-3 who are the Doctors and got marked Exs.P1 to P126. The respondents examined one witness as RW-1 and got marked Exs.R1 to R3. The Tribunal recorded the finding at paragraphs 14 to 19 that the evidence of PW-2 and PW-3 cannot be believed, as the documentary evidence on record indicates that the appellant has sustained fracture to the right leg. However, the evidence of PW-2 indicates that the fracture is on the left leg. Considering the nature of treatment provided and other documentary evidence, the Tribunal has awarded a global compensation of Rs.70,000/- with interest. 4. I am of the considered view that the Tribunal has rightly recorded the finding about the discrepancy in the oral and documentary evidence with regard to the - 4 - HC-KAR NC: 2026:KHC:23613 M.F.A. No.1404/2019 treatment undergone by the appellant and the disability assessed. Instead of re-appreciating the evidence in its entirety and in view of the discrepancy noticed by the Tribunal, I am of the view that ends of justice would be met if an additional compensation Rs.40,000/- is awarded with interest at the rate of 6% p.a. 5. The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount of Rs.40,000/- shall carry interest at the rate of 6% per annum from the date of petition till realization. 6. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed. The respondent-Insurance Company shall deposit the additional compensation amount with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. On such - 5 - HC-KAR NC: 2026:KHC:23613 M.F.A. No.1404/2019 deposit, the same shall be released in favour of the appellant. Registry to draw the modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 23