- 1 - HC-KAR NC: 2026:KHC-D:753 MFA No. 104784 of 2024 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.104784/2024 (MV-I) BETWEEN: AJAY S/O. HOLEBASAPPA HOLEPPANAVAR, AGE ABOUT 20 YEARS, OCC. NIL, R/O. KALAGADAGI BAGALKOT, DIST. BAGALKOT-587101. - APPELLANT (BY SRI. K. ANAND KUMAR, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, NWKRTC NAVANAGAR, BAGALKOT, TQ. AND DIST. BAGALKOT. - RESPONDENT (BY SRI. I.C. PATIL, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFIED THE JUDGMENT AND AWARD DATED 28.02.2024 PASSED IN MVC NO.178/2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL NO.III, BAGALKOT AND ENHANCE THE COMPENSATION AS PRAYED IN THE CLAIM WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:753 MFA No. 104784 of 2024 ORAL JUDGMENT Aggrieved by the judgment and award passed in M.V.C. No. 178/2021 dated 28.02.2024 by the learned I Addl. Sr. Civil Judge and MACT-III, Bagalkot (for short, the ‘Tribunal’) the claimant is before this court seeking enhancement of the compensation. The Tribunal has awarded the compensation as per the table given below: Heads Compensation in rupees Pain and suffering 50,000.00 Medical expenses 61,798.00 Attendant and conveyance, food and nutrition charges, etc. 17,000.00 Loss of future amenities 1,00,000.00 Total 2,28,798.00 2. The learned counsel appearing for the appellant/claimant submits that the claimant is aged about 14 years and the accident had taken place in the year 2017. As per the evidence of the Doctor he had suffered disability of 19%. It is submitted that the tribunal had relied on the judgment of the Hon'ble Apex Court in the case of Master Mallikarjun Vs. Divisional - 3 - HC-KAR NC: 2026:KHC-D:753 MFA No. 104784 of 2024 Manager, National Insurance Co. Ltd. & Anr.1 while considering the case of the claimant. 3. It is submitted that the disability is 19% and the tribunal ought to have granted an amount of Rs.3,00,000/- under the head of pain and suffering. It is submitted that on all the counts the compensation that is awarded by the Tribunal is not just and reasonable. 4. Learned counsel appearing for the respondent/Insurance Company submits that the Tribunal had rightly considered the disability and granted an amount of Rs.1,00,000/- towards pain and suffering. It is submitted that according to the Doctor the disability to the limb is 19%. One third of it is 6% up to 10% as per the judgment of Master Mallikarjun case the tribunal had rightly granted an amount of Rs.1,00,000/-. Hence there are no grounds for enhancement of the compensation. 5. Having heard the learned counsel on other side, perused the entire material on record. First, coming to the contention of 1 2013 AIR SCW 6452 - 4 - HC-KAR NC: 2026:KHC-D:753 MFA No. 104784 of 2024 the learned counsel for the petitioner, that the disability ought to have been taken as per Master Mallikarjun's case referred supra and an amount of Rs.3,00,000/- has to be granted under the head of pain and suffering. This court do not find force in the argument of the learned counsel. If the disability is up to 10%, it is Rs.1,00,000/-. The evidence of the doctor is that the disability to the limb is 19%. Then it comes to 6%. In that case the tribunal had rightly awarded and this Court do not find any reasons to interfere and enhance the compensation. (i) Accordingly, the appeal filed by the claimant is dismissed. (ii) The Registry is directed to send the certified copy of the order passed by this Court to the Tribunal forthwith without any delay. (iii) No costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- JUSTICE LALITHA KANNEGANTI BVV/CT: UMD List No.: 1 Sl No.: 4