- 1 - HC-KAR NC: 2026:KHC:9265 MFA No. 7796 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 7796 OF 2014 (MV-I) BETWEEN: K. S. VASUDEVA, S/O LATE SHIVAPPA, AGED ABOUT 33 YEARS, R/AT KOLCHARU, ALETTY VILLAGE, SULLIA TALUK, D.K. DISTRICT-574214. …APPELLANT (BY SRI. KARUNAKAR P., ADVOCATE) AND: 1. THEERTHA PRASAD, S/O LATE. SHIVAPPA, RESIDENT OF KOINADU, SAMPAJE VILLAGE, POST, MADIKERI TALUK – 574 201. 2. UNITED INDIA INSURANCE CO. LTD., PRABHU BUILDING MAIN ROAD, PUTTUR TALUK, D.K – 574 214. …RESPONDENTS (BY SRI. C. SHANKARA REDDY, ADVOCATE FOR R2; R1 IS SERVED ) Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9265 MFA No. 7796 of 2014 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED:29.06.2012 PASSED IN MVC NO.194/2006 ON THE FILE OF THE DISTRICT JUDGE AND MACT, KODAGU MADIKERI, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT This appeal is by the claimant seeking for enhancement of compensation arising out of judgment and decree dated 29.06.2012 in MVC.No.194/2006, passed by the District Judge and Motor Accident Claims Tribunal, Kodugu at Madikeri (‘Tribunal’ for short). 2. Parties are referred to as per their rankings before the Tribunal. 3. The date of accident, involvement of vehicle, injuries sustained and the liability to pay compensation are - 3 - HC-KAR NC: 2026:KHC:9265 MFA No. 7796 of 2014 not in dispute. The only dispute is with respect to the quantum of compensation. 4. Heard Sri.Karunakar. P, learned counsel appearing for the appellant and Sri. C.Shankara Reddy, learned counsel appearing for respondent No.2. The respondent No.1 though served, remained unrepresented. 5. In an accident that occurred on 06.05.2006, the claimant-appellant herein sustained hairline fracture of the pubic rami along with other injuries. He was an inpatient for a period of 14 days. He was treated conservatively. The Tribunal after going through the entire material placed on record, awarded a compensation of Rs.65,000/- along with 6% interest, as against the claim of Rs.7,00,000/- claimed by the claimant. Not satisfied with the award passed by the Tribunal, the claimant is in appeal. 6. Having heard the learned counsel appearing for the parties, this Court, after going through the entire record and the appeal papers, is of opinion that the - 4 - HC-KAR NC: 2026:KHC:9265 MFA No. 7796 of 2014 compensation awarded under each head, except medical expenses are sparse. The Tribunal has not considered the case of the appellant-claimant to award any compensation under the head ‘Attendant, special diet and conveyance’, and also under the head of ‘Loss of amenities’. Considering these aspects of the matter, if a global compensation in a sum of Rs.50,000/- is awarded with interest rate of 6% per annum in this appeal, the same would meet ends of justice. 7. At this stage, learned counsel appearing for respondent No.2-insurer submits that there was a delay of 774 days in preferring the appeal. The said delay was condoned vide order dated 30.08.2019, subject to a condition that appellant would not be entitled to interest for the delayed period in case he succeeds in the appeal. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) Appeal is allowed-in-part. - 5 - HC-KAR NC: 2026:KHC:9265 MFA No. 7796 of 2014 (ii) The judgment and award dated 29.06.2012 in MVC.No.194/2006 passed by District Judge, Motor Accidents Claims Tribunal, Kodagu at Madikeri, is hereby modified and compensation is enhanced to Rs.50,000/- globally, which shall be in addition to the compensation awarded by the Tribunal. (iii) The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till realization, except 774 days in terms of the order dated 30.08.2019. (iv) The second respondent-insurer shall deposit the entire enhanced compensation along with the interest stated supra within 6 weeks from the date of receipt of copy of this order. - 6 - HC-KAR NC: 2026:KHC:9265 MFA No. 7796 of 2014 (v) The Tribunal upon deposit shall release entire amount in favor of the appellant on proper identification. Sd/- (T.M.NADAF) JUDGE RR List No.: 1 Sl No.: 2