Full Judgment Text
- 1 -
NC: 2026:KHC:13615
M.F.A. No.1575/2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 5 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.1575/2020 (MV-I)
BETWEEN:
SRI. SUMANTH .R
S/O RAJENDRA .M
AGED ABOUT 24 YEARS
R/AT NO.74, 11TH CROSS
BELLANDUR POST
BENGALURU-560 103.
…APPELLANT
Digitally signed
by ARSHIFA
BAHAR KHANAM
Location: HIGH
COURT OF
KARNATAKA
(BY SRI. PRAMODA GOWDA T.P. ADV.,)
AND:
1. ICICI LOMBARD GENERAL
INSURANCE COMPANY LIMITED
THROUGH ITS REGIONAL MANAGER
SVR COMPLEX, 2ND FLOOR
NO.89, HOSSURE MAIN ROAD
MADIWALA STATE-1
KORAMANGALA
BANGALORE-560 068.
(INSURER OF THE VEHICLE CAR
BEARING NO. KA-01-ML-9761)
POLICY NO.170900116P101974865
VALID FROM 23/05/2016 TO 22/05/2017).
2. RAJENDRA .M
S/O MUNIREDDY .H
R/AT NO.74, 11TH CROSS
- 2 -
NC: 2026:KHC:13615
M.F.A. No.1575/2020
HC-KAR
BELLANDUR POST
BANGALORE-560 103.
(OWNER OF THE VEHICLE CAR
BEARING NO. KA-01-ML-9761)
…RESPONDENTS
(BY SRI. B.C. SHIVANNE GOWDA, ADV., FOR R1
R2 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED. 30.11.2018, PASSED IN MVC
NO.7930/2016, 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 ADMIS
SION, 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 judgment and
award dated 30.11.2018 passed in a MVC.No.7930/2016
by the Small Causes Court and MACT, Bengaluru, (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 -
NC: 2026:KHC:13615
M.F.A. No.1575/2020
HC-KAR
3. Sri.Pramoda Gowda T.P., learned counsel
appearing for the appellant submits that the Tribunal has
awarded a global compensation of Rs.50,000/- along with
interest at the rate of 9% per annum from the date of
petition till realization, by ignoring the material evidence
available on record. It is submitted that the appellant has
sustained a grievous injury to his eye, but the
compensation awarded is on the lower side. Hence, he
seeks to enhance the compensation appropriately by
allowing the appeal.
4. Per contra, Sri.B.C.Shivanne Gowda, learned
counsel for respondent No.1 supports the impugned
judgment and award of the Tribunal and submits that the
Tribunal has clearly recorded a finding that there is no
disability due to the accident. It is submitted that the
injury sustained was only a minor injury to the eyelid.
Considering the same, the Tribunal has already awarded
compensation on the higher side. Hence, he seeks to
dismiss the appeal.
- 4 -
NC: 2026:KHC:13615
M.F.A. No.1575/2020
HC-KAR
5. I have heard the arguments on both the sides
and meticulously perused the material available on record.
6. It is to be noticed that the appellant met with a
road accident on 28.06.2016. As per the evidence
available on record, the appellant sustained a tear of the
left eyelid, corneal tear and an iris prolapse, which is
evident from Ex.P3. The records further indicate that he
has taken conservative treatment at Prabha Eye Clinic and
Research Centre for about 2 days. The appellant has not
produced any document to substantiate the disability or
the further treatment, except the wound certificate and
the medical bills. Considering these aspects and taking
note of the nature of injuries and treatment provided, I am
of the considered view that the interest of justice would be
met if an additional sum of Rs.30,000/- is awarded to the
appellant as compensation. Accordingly, the appellant is
entitled to an additional sum of Rs.30,000/- as
compensation.
- 5 -
NC: 2026:KHC:13615
M.F.A. No.1575/2020
HC-KAR
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
appellant. Registry to draw modified award accordingly
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
ABK
List No.: 1 Sl No.: 22