- 1 - HC-KAR NC: 2026:KHC:15031 M.F.A. No.9803/2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.9803/2018 (MV-I) BETWEEN: SURESH S/O LATE SHIVALINGEGOWDA AGED ABOUT 41 YEARS R/AT GORAGONDANAHALLI VILLAGE TIPUTR TALUK - 572201 TUMKUR DISTRICT. …APPELLANT (BY SRI. GIREESHA S.N. ADV., FOR SRI. MANJUNATH N.D. ADV.,) AND: 1. MANJEGOWDA S/O THIRUMALLEGOWDA AGED ABOUT 31 YEARS R/AT. ATTIHALLI VILLAGE NUGGEHALLI HOBLI CHANNARAYAPATAN TALUK HASSAN DIST-573116. 2. RANGASWAMY V.K. S/O KALEGOWDA AGED ABOUT MAJOR R/AT VALAGERE SOMANAHATTI VILLAGE, NUGGEHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573116. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15031 M.F.A. No.9803/2018 3. UNIVERSAL SOMPO GENERAL INSURANCE CO., LTD., HASSAN 573201 BY ITS MANAGER. …RESPONDENTS (BY SRI. D. VIJAYA KUMAR, ADV., FOR R3 NOTICE TO R1 & R2 IS D/W ON 24.07.2024) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:09.02.2018 PASSED IN MVC NO.648/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, TIPTUR, 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 appellant seeking for higher compensation challenging the impugned judgment and award dated 09.02.2018 passed in MVC.No.648/2012 by the Senior Civil Judge & JMFC, Tiptur, (for short 'Tribunal'). - 3 - HC-KAR NC: 2026:KHC:15031 M.F.A. No.9803/2018 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. Sri.Gireesha S.N., learned counsel for Sri.Manjunath N.D., learned counsel appearing for the appellant submits that the Tribunal has committed a grave error in appreciating the oral as well as the documentary evidence placed on record. It is submitted that the appellant had sustained a fracture of the tibia and also sustained other grievous injuries, as is evident from Ex.P6, the wound certificate. However, the Tribunal has awarded only a sum of Rs.60,000/- as compensation. Hence, he seeks to enhance the compensation appropriately by allowing the appeal. 4. Per contra, Sri.D.Vijayakumar, learned counsel for respondent No.3 supports that impugned judgment and award of the Tribunal and submits that the appellant had sustained only small abrasions due to the accident. - 4 - HC-KAR NC: 2026:KHC:15031 M.F.A. No.9803/2018 Considering the simple injuries suffered by the appellant, the Tribunal has awarded just and reasonable compensation, which does not call for any interference. Hence, he seeks to dismiss the appeal. 5. I have heard the arguments on both the sides and meticulously perused the material available on records including the Tribunal records. 6. The records indicate that the appellant met with a road accident on 17.09.2011 and was immediately shifted to Government General Hospital, Tiptur as is evident from Ex.P6, the wound certificate. The wound certificate indicates the abrasions on different parts of the body, the x-ray report indicates that there is a fracture of the upper 1/3rd of tibia and the doctor has opined that the injuries are grievous in nature. Considering the wound certificate and oral evidence of the injured appellant, I am of the considered view that this Court cannot reassess the compensation under the head of loss of future income due - 5 - HC-KAR NC: 2026:KHC:15031 M.F.A. No.9803/2018 to disability. However, taking note of the nature of injuries suffered and treatment provided, I am of the view that the interest of justice would be met if an additional compensation of Rs.30,000/- is awarded to the appellant. Accordingly, the appellant is entitled to an additional sum of Rs.30,000/- as compensation. 7. 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. 8. In modification of the impugned judgment and 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 - 6 - HC-KAR NC: 2026:KHC:15031 M.F.A. No.9803/2018 appellant. Registry is directed to transmit the TCRs forthwith and draw the modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 7