- 1 - HC-KAR NC: 2026:KHC:14156 MFA No. 8 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.8 OF 2018 (MV-I) BETWEEN: GANESH ARUN SHENOY, AGED 34 YEARS, S/O ARUN SHENOY, RESIDING NEAR AXIS BANK MAIN ROAD, KUNDAPURA, KUNDAPURA TALUK – 576 201 UDUPI DISTRICT. …APPELLANT (BY SMT. ANANYA RAI, ADVOCATE FOR SRI. VYASA RAO K.S., ADVOCATE) AND: 1. CHANDRASHEKHARA POOJARY, AGED 50 YEARS, S/O LATE NANDI POOJARY, R/O GARADI HITHLU, ANAGALLI VILLAGE, PO:KUNDAPURA – 576 201. 2. ARUN SHENOY, AGED 65 YEARS, S/O SRINIVASA SHENOY, PRABATH TRADERS MAIN ROAD, PO:KUNDAPURA – 576 201. 3. NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14156 MFA No. 8 of 2018 BRANCH MANAGER, KUNDAPURA BRANCH, II FLOOR, SAI CENTRE, OPP: KUNDESHWARA TEMPLE ROAD, KUNDAPURA-576201 …RESPONDENTS (BY SMT. S. NIRMMALA, ADVOCATE FOR R3 AND R2; NOTICE TO R-1 AND R2 IS DISPENSED WITH V/O. DT: 15.12.2018 AND 18.10.2022 RESPECTIVELY) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.06.2017 PASSED IN MVC NO.652/2015 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured/claimant seeking for higher compensation challenging the judgment and award dated 19.06.2017 passed in MVC.No.652/2015 by the Motor Accident Claims Tribunal, Udupi (sitting at Kundapura), Kundapura (hereinafter referred to as the 'Tribunal' for short). - 3 - HC-KAR NC: 2026:KHC:14156 MFA No. 8 of 2018 2. Though, this appeal is listed for orders, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Smt. Ananya Rai, learned counsel appearing on behalf of Sri Vyasa Rao, learned counsel for the appellant submits that the Tribunal has committed grave error in appreciating the oral and documentary evidence placed before it. It is submitted that though the claimant was able to prove the disability, the Tribunal without any justifiable reason has awarded meager compensation of Rs.67,702/-, which is required to be enhanced appropriately. Hence, he seeks to allow the appeal. 4. Per contra, Smt.S.Nirmala, learned counsel appearing for respondent No.3-Insurance Company supports the impugned judgment and award of the Tribunal and submits that the appellant has neither lost his avocation nor is there any reduction in his income. Hence, considering the nature of treatment provided, the Tribunal - 4 - HC-KAR NC: 2026:KHC:14156 MFA No. 8 of 2018 has awarded just compensation, which does not call for any interference. 5. I have heard the arguments of the learned counsel for the appellant, learned counsel for respondent No.3-Insurance Company and meticulously perused the material available on record. 6. The only point that would arise for consideration in this appeal is : "Whether the impugned judgment and award passed by the Tribunal calls for any interference?" 7. The above point is answered in affirmative for the following reasons: The claimant as well as the Insurance Company does not dispute that on 18.03.2014 the appellant met with a road accident and sustained the following injuries as evident from Ex.P.5: “Thumb CLW-Chip fracture proximal phalanx left thumb with extensor tendon injury EPL.” - 5 - HC-KAR NC: 2026:KHC:14156 MFA No. 8 of 2018 8. Considering this nature of injuries and treatment provided, the Tribunal has awarded compensation of Rs.67,702/-. It is to be noticed that the appellant was provided treatment for the fracture of thumb CLW referred supra and taking note of his avocation and injuries suffered, I am of the considered view that the interest of justice would be met, if additional compensation of Rs.30,000/- is awarded to the injured claimant. 9. In the result, this Court proceeds to pass the following: ORDER a) Appeal is allowed in part. b) The appellant/claimant is entitled to additional compensation of Rs.30,000/- with interest at the rate of 6% p.a., from the date of petition till realisation. - 6 - HC-KAR NC: 2026:KHC:14156 MFA No. 8 of 2018 c) The impugned judgment and award dated 19.06.2017 passed by the Tribunal is modified to the above extent. d) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE PB List No.: 1 Sl No.: 2