- 1 - HC-KAR NC: 2026:KHC-D:754 MFA No. 102842 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.102842 OF 2025 (MV-I) BETWEEN: THE MANAGER, SHRIRAM GENERAL INSURANCE CO., LTD., E-8, EPIP. RIICO INDUSTRIAL AREA, SITA PURA, JAIPUR, RAJASTANA-302022. - APPELLANT (BY SRI. SURESH GUNDI, ADVOCATE) AND: 1. SHRI. YANKAPPA S/O. DEMAPPA LAMANI, AGE 63 YEARS, OCC. AGRICULTURE, (NOW NIL), R/O. HULIKERI TANDA, TQ. SAVADATTI, NOW RESIDING AT BAILHONGAL, INDIRA NAGAR, DEVALAPUR ROAD, TQ. BAILHONGAL-591102, DIST. BELAGAVI. 2. SHRI. CHANDRAPPA S/O. DHANASING LAMANI, AGE 33 YEARS, OCC. AGRICULTURE, R/O. HULIKERI TANDA, TQ. SAVADATTI-591126, DIST. BELAGAVI. - RESPONDENTS (BY SRI. NAYAN KUMAR, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 15.03.2025 PASSED IN MVC NO.679/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL BAILHONGAL AND ETC.,. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:754 MFA No. 102842 of 2025 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the judgment and award passed in M.V.C. No. 679/2022 dated 15.03.2025 by Senior Civil Judge and Addl. MACT, Bailhongal whereby the Tribunal has granted compensation of an amount of Rs.3,66,628/-, the Insurance Company is before this court questioning the quantum of compensation. 2. Learned counsel appearing for the Insurance Company submits that in the cross examination the claimant had stated that he is 69 years old. But the tribunal has considered his age as 60 years. If it is 60 years, the multiplier is ‘9’. If it is 69 years, the multiplier is ‘5’. It is submitted that on that count the Insurance Company is before this Court. 3. Though notice is served on the respondents, no vakalath is filed on their behalf. - 3 - HC-KAR NC: 2026:KHC-D:754 MFA No. 102842 of 2025 4. Having heard the learned counsel for the Insurance Company, perused the material on record. 5. The accident had taken place on 09.10.2021. According to the claimant he was aged about 55. When it comes to the trial, on that day it is stated that he is aged 60 years as the trial was 4 years from the date of the accident. In the medical records also it is mentioned as 55. 6. It is the case of the Insurance Company that in the chief examination the claimant has stated that he is aged about 60 years but in the cross examination they posed a question to the claimant that he is 69 years old but he is not 60 years old. This court is not able to understand the rationale in the said cross examination or the question put forth by the Insurance Company. On what basis they have suggested and what is the material to say that he is aged about 69 years, nothing is forthcoming. Considering the age and the occupation of the petitioner and how he has been subjected to the cross- examination, this Court cannot consider the age of the claimant as 69 years. Further, a perusal of the compensation that is awarded under the head of pain and suffering, loss of income - 4 - HC-KAR NC: 2026:KHC-D:754 MFA No. 102842 of 2025 during the laid up period, is not appropriate. Tribunal under the head of loss of amenities, had not granted a reasonable amount. If this court has to go into these aspects and then the compensation have to be enhanced. In those circumstances, this Court is not inclined to interfere with the appeal filed by the insurance company. Accordingly the appeal is dismissed. (i) Amount in deposit shall be forthwith transferred to the tribunal. (ii) The Registry is directed to send a certified copy of the order passed by this Court to the Tribunal forthwith without any delay. (iii) No costs. (iv) Pending miscellaneous petitions, if any, shall stand closed. SD/- JUSTICE LALITHA KANNEGANTI BVV CT: UMD List No.: 1 Sl No.: 7