- 1 - HC-KAR NC: 2026:KHC:13311 M.F.A. No.1179/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.1179/2020 (MV-I) BETWEEN: SRI. MURUGA ALIAS MURUGAN S/O ARMUGAM AGED ABOUT 39 YEARS R/AT. NO.131, NEAR WATER TANK YADALAM NAGAR, SUBRAMANYAPURA BENGALURU SOUTH, BENGALURU-560061. …APPELLANT (BY SRI. MOHITH, ADV., FOR SRI. NAIK RAMACHANDRA RAMA, ADV.,) AND: 1. THE NEW INDIA ASSURANCE CO. LTD., BENGALURU REGIONAL OFFICE NO.9/2, MAHALAKSHMI CHAMBERS M.G. ROAD, BENGALURU-560001 BY ITS IN CHARGE MANAGER. 2. SRI. MANU PRASAD M.H. S/O HONNA REDDY M.G. R/AT NO.30, KAVERINAGAR RAMA MANDIR ROAD, BANASHANKARI 3RD STAGE BENGALURU-560085. …RESPONDENTS (BY SRI. SUSHREE PRIYA MOHANTY, ADV., FOR R1 V/O/DTD:21.07.2022 NOTICE TO R2 D/W) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13311 M.F.A. No.1179/2020 THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED. 29.08.2019, PASSED IN MVC NO.5700/2017, ON THE FILE OF THE X-ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MACT, BENGALURU (SCCH-16), PARTLY 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 VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured appellant challenging the judgment and award dated 29.08.2019 passed in MVC.No.5700/2017 passed by the Court of Small Causes and Member MACT, Bengaluru, (SCCH-16), (for short 'Tribunal'). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Sri.Mohith, learned counsel for Sri.Naik Ramachandra Rama, learned counsel appearing for the appellant submits that the Tribunal has committed a grave error in disregarding Ex.P7, the wound certificate. The said - 3 - HC-KAR NC: 2026:KHC:13311 M.F.A. No.1179/2020 document indicates that the appellant sustained a soft tissue injury and was treated as an inpatient for a period of 2 days in the hospital and thereafter, he took bed rest for almost 1 month. However, ignoring the said evidence, the Tribunal has awarded only a compensation of Rs.30,000/- which is required to be enhanced appropriately. Hence, he seeks to allow the appeal. 4. Per contra, Sri.Sushree Priya Mohanty, learned counsel for respondent No.1 supports the impugned judgment and award of the Tribunal and submits that the appellant has failed to produce any disability certificate or examine the doctor to substantiate the disability suffered by him. Therefore, the Tribunal is fully justified in awarding compensation of Rs.30,000/-, which does not call for any enhancement. Hence, she seeks to dismiss the appeal. 5. I have heard the arguments on both sides and meticulously perused the material available on record. - 4 - HC-KAR NC: 2026:KHC:13311 M.F.A. No.1179/2020 6. It is to be noticed that the appellant met with a road accident on 09.02.2017. As per Ex.P7, the wound certificate, the appellant sustained a soft tissue injury to the sacrum and coccyx. Taking this into consideration, the Tribunal awarded total compensation of Rs.30,000/- along with interest at the rate of 9% per annum. It is to be noticed that the appellant has failed to prove any permanent disability before the Tribunal. In the absence of such evidence, his disability cannot be assessed in this appeal. 7. It is not in dispute that the appellant was provided treatment at Sri Sai Ram Hospital and was an inpatient for a period of 2 days. Taking note of the said fact and considering the medical records from Ex.P7 to Ex.P11, I am of the view that the compensation awarded by the Tribunal is required to be enhanced appropriately. Accordingly, the appellant is entitled to an additional sum of Rs.30,000/- as compensation. - 5 - HC-KAR NC: 2026:KHC:13311 M.F.A. No.1179/2020 8. The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount of Rs.30,000/- shall carry interest at the rate of 6% per annum from the date of petition till realization. 9. In modification of the impugned judgment and the award of the Tribunal to the above extent, the appeal stands 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 appellant. Registry to draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 2 Sl No.: 13