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2026 DAILYLAW 8559 (KAR)

LOKESHA N T v. SRI. V RAJU

MFA/7554/2023 · 2026-02-18

Chillakur Sumalatha

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9951 MFA No. 7554 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.7554 OF 2023(MV-I) BETWEEN: LOKESHA N. T., S/O THIMMEGOWDA V., AGED ABOUT 37 YEARS, R/AT NIDIVALALU VILLAGE, HEBBUR HOBLI, TUMAKURU TALUK AND DISTRICT-572101. …APPELLANT (BY SRI. SHANTHARAJ K., ADVOCATE) AND: 1. SRI. V. RAJU, S/O. S. VENUGOPAL AGED ABOUT 40 YEARS, R/AT NO.58/2, 18TH MAIN ROAD, GELEYARABALAGA, J. C. ROAD, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9951 MFA No. 7554 of 2023 KURUBARAHALLI, BENGALURU NORTH-560 086. 2. THE MANAGER, RELIANCE GEN INS. CO. LTD., BRANCH OFFICE, EAST WING, 5TH FLOOR, NO.28, CENTENARY BUILDING, M. G. ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE (ABSENT)) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 30.09.2022 PASSED IN MVC NO.248/2022 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, 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 DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:9951 MFA No. 7554 of 2023 ORAL JUDGMENT Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal, Tumakuru in MVC No.248/2022 dated 30.09.2022. This is a claimant's appeal. 2. The submission made by Sri.Shantharaj.K learned counsel for the appellant was heard on 04.02.2026. There was no representation for respondent No.2 on the said day. To give fair opportunity to respondent No.2 to argue the matter, the case was adjourned. However, even on this day there is no representation for respondent No.2. 3. Appellant filed a petition claiming compensation of Rs.6,00,000/- in total on the ground that he sustained injuries in a road traffic accident that occurred in the year 2021. The Tribunal through the impugned order awarded a sum of Rs.1,59,000/- as compensation. The version of appellant is that the said sum is grossly low. - 4 - HC-KAR NC: 2026:KHC:9951 MFA No. 7554 of 2023 4. Learned counsel for the appellant submitted that appellant is a driver by profession. He took treatment as inpatient for five days. Due to the injuries sustained, he suffered with permanent disability and thus, he lost his livelihood. Hence, the compensation that is granted by the Tribunal is grossly low. 5. The Tribunal through the impugned order held that appellant is entitled to a sum of Rs.50,000/- towards pain and suffering, Rs.40,000/- towards loss of amenities, Rs.20,000/- towards nursing, attendant, extra nourishment and conveyance charges and Rs.49,000/- towards medical expenses. Thus, the Tribunal granted a sum of Rs.1,59,000/- as compensation. 6. There is no denial of the fact that as per the evidence produced by appellant himself he sustained 6 simple injuries which are noted at para 11 of the impugned order. Though appellant contends that he suffers with permanent disability, appellant has not - 5 - HC-KAR NC: 2026:KHC:9951 MFA No. 7554 of 2023 produced any evidence whatsoever to that effect. Neither the Doctor who assessed the alleged disability was examined before the Tribunal nor any documents produced. Likewise, appellant failed to establish his occupation as on the date of accident. In the light of the evidence produced by appellant himself, which goes to show that he sustained 6 simple injuries only, this Court cannot hold that appellant suffers with permanent physical disability and thereby he lost his livelihood. The compensation that is granted by the Tribunal is not only reasonable but also justifiable. Thus, this Court does not find any grounds whatsoever for further enhancement. Hence, the following: ORDER: (i) The appeal is dismissed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 32