Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:23415 M.F.A. No.7861/2018 C/W M.F.A. No.7862/2018
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.7861/2018 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.7862/2018 (MV-I)
IN M.F.A. No.7861/2018:
BETWEEN:
SMT. MANJULA W/O YASHWANTH AGED ABOUT 32 YEARS R/O. HOUSING BOARD COLONY NEAR ANJANEYA TEMPLE CHITRADURGA TOWN-577 501.
…APPELLANT (BY SRI. R. SHASHIDHAR, ADV.,)
AND:
1.
SRI. THIPPESWAMY .R S/O RANGANNA AGED ABOUT 47 YEARS OWNER OF CAR BEARING REG NO. KA-16-B-1071 R/O. BABBURU VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT-577 598.
2.
THE BRANCH MANAGER THE HDFC GENERAL INSURANCE CO LTD,
Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:23415 M.F.A. No.7861/2018 C/W M.F.A. No.7862/2018
2ND FLOOR, NO. 25/1 BUILDING NO. 2, SHANKARANARAYANA BUILDING M.G. ROAD, BENGALURU-560001.
…RESPONDENTS
(BY SRI. B. PRADEEP, ADV., FOR R2 R1 SERVICE OF NOTICE IS D/W V.C.O. DTD:12.06.2025)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:27.03.2018 PASSED IN MVC NO.1431/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & MACT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A. NO.7862/2018:
BETWEEN:
SRI. S.K. RAVIKEERTHI S/O SOMASHEKHAR AGED ABOUT 22 YEARS R/O. HOUSING BOARD COLONY NEAR ANJANEYA TEMPLE CHITRADURGA - 577 501.
...APPELLANT
(BY SRI. R. SHASHIDHARA, ADV.,)
AND:
1.
SRI. THIPPESWAMY .R S/O RANGANNA AGED ABOUT 47 YEARS OWNER OF CAR BEARING REG
- 3 -
HC-KAR NC: 2026:KHC:23415 M.F.A. No.7861/2018 C/W M.F.A. No.7862/2018
NO. KA-16-B-1071 R/O. BABBURU VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT-577 598.
2.
THE BRANCH MANAGER THE HDFC GENERAL INSURANCE CO LTD, 2ND FLOOR, NO. 25/1 BUILDING NO. 2 SHANKARANARAYANA BUILDING M.G. ROAD, BENGALURU-560001.
...RESPONDENTS
(BY SRI. B. PRADEEP, ADV., FOR R2 V/O/DTD:12.06.2025, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.03.2018 PASSED IN MVC NO.1432/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDE & MACT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
MFA 7861/2018 is filed challenging the judgment and awarded in MVC.No.1431/2016 and MFA 7862/2018 is filed challenging the
judgment and award in
- 4 -
HC-KAR NC: 2026:KHC:23415 M.F.A. No.7861/2018 C/W M.F.A. No.7862/2018
MVC.No.1432/2016 passed by the Principal Senior Civil Judge and MACT, Chitradurga vide common judgment and award dated 27.03.2018.
2. Heard Sri.Shashidhar,
learned counsel appearing for the appellants, Sri.B.Pradeep, learned counsel appearing for respondent No.2/Insurance Company and meticulously perused the material available on record.
3. These appeals are by the injured appellants seeking for higher compensation.
In MFA.No7861/2018 (MVC.No.1431/2016)
4. The injured appellant met with a road accident on 21.01.2016 and sustained injuries i.e. abrasion over the right leg lateral measuring ¼ x ½ cm. The medical evidence on record indicates that the injury suffered by her is simple in nature and she incurred medical expenses of Rs.18,046/-. Considering the said aspects and the evidence on record, I am of the view that ends of justice
- 5 -
HC-KAR NC: 2026:KHC:23415 M.F.A. No.7861/2018 C/W M.F.A. No.7862/2018
would be met if an additional compensation of Rs.20,000/- is awarded. Accordingly, the appellant is entitled to an additional sum of Rs.20,000/- as compensation.
IN MFA.No.7862/2018 (MVC.No.1432/2016)
5. The injured appellant met with a road accident on 21.01.2016 and sustained injuries i.e., abrasion over his forehead measuring ¼ x ½ cm and he has incurred medical expenses of Rs.7,972/- as is evident from his oral evidence and Ex.P19. Considering that the injury is simple in nature, I am of the view that the ends of justice would be met if an additional compensation of Rs.20,000/- is awarded. Accordingly, the appellant is entitled to an additional sum of Rs.20,000/- as compensation.
6. The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization.
- 6 -
HC-KAR NC: 2026:KHC:23415 M.F.A. No.7861/2018 C/W M.F.A. No.7862/2018
7. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeals stand partly allowed. The respondent/insurer 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 deposit, the same shall be released in favour of the appellants. Registry to draw modified award accordingly.
Sd/- (VIJAYKUMAR A. PATIL) JUDGE
ABK List No.: 1 Sl No.: 13