SRI GANGADHARA vs SRI RAGHAVENDRA N T
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:57358
MFA No. 6210 of 2026
CNR: KAHC010583242026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO.6210 OF 2026(MV-I)
BETWEEN:
SRI. GANGADHARA,
S/O SUBRAMANI,
AGED ABOUT 35 YEARS,
R/AT KARADIGANA HALLI,
MUSTOOR, KOLAR,
KARNATAKA - 563 132.
…APPELLANT
(BY SRI. BHAGEERATHI L., ADVOCATE)
AND:
1. SRI. RAGHAVENDRA N.T.,
S/O THIMMARAYAPPA,
AGED ABOUT 43 YEARS,
R/AT NISARGA NILAYA,
IMMADIHALLI MAIN ROAD,
NAGONDANAHALLI,
WHITEFIELD POST,
BANGALORE - 560 066.
2.
UNIVERSAL SOMPO GENERAL
INS. CO. LTD.,
OFFICE AT NO.217/AM 3RD FLOOR,
KVV SAMRAT 3RD MAIN,
OUTER RING ROAD,
KASTURI NAGAR,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:57358
MFA No. 6210 of 2026
CNR: KAHC010583242026
BANGALORE - 560 043.
REPRESENTED BY ITS
BRANCH MANAGER.
…RESPONDENTS
(BY SRI.RAJENDRA HEGDE, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED
31.08.2026)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 01-04-2026 PASSED IN MVC
NO.512/2022 ON THE FILE OF THE XII ADDITIONAL SMALL
CAUSE JUDGE AND MACT, BENGALURU 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 SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
8
This appeal is filed by the claimant seeking
enhancement of compensation awarded in the Judgment
and Award dated 01.04.2026 passed in MVC No.512/2022
by XII Additional Judge, Court of Small Causes and
Member, Judge and Motor Accident Claims Tribunal,
Bengaluru.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:57358
MFA No. 6210 of 2026
CNR: KAHC010583242026
2. Even though the matter is listed today for
admission, with the consent of both the learned counsel
for appellant and learned counsel for respondent
No.2/insurer, the matter is taken up for disposal.
3. The appellant/claimant made a claim petition
seeking award of compensation for the injuries sustained
by him in a road traffic accident occurred on 03.01.2022
contending that the accident occurred due to rash and
negligent driving of the driver of Brezza Car bearing
registration No.KA-53-MF-5009.
4. The Tribunal after recording evidence and
appreciating the evidence on record, has awarded a global
compensation of Rs.2,00,000/- with interest at the rate of
6% per annum from the date of petition to till realization
and directed respondent No.2/insurer to deposit the
compensation awarded with interest. The claimant seeking
enhancement of compensation awarded by the Tribunal
has filed the present appeal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:57358
MFA No. 6210 of 2026
CNR: KAHC010583242026
5. Heard the learned counsel for appellant and
learned counsel for respondent No.2/insurer.
6. Learned counsel for the appellant would
contend that, even though PW.2 - Doctor has stated that
there is a disability at 11% to the whole body, the Tribunal
has not awarded loss of future income due to disability. He
further submits that the occupation of the claimant is a
driver and the injuries has affected his work as a driver.
With these, he prayed to allow the appeal.
7. Learned counsel for respondent No.2/insurer
would contend that the compensation awarded by the
Tribunal is just and proper. The injuries sustained on his
face does not contain any fracture. Therefore, the claimant
is not entitled to loss of future income due to disability as
held by the Tribunal. With these, he prayed for dismissal
of the appeal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:57358
MFA No. 6210 of 2026
CNR: KAHC010583242026
8. Having heard the learned counsel for
appellant/claimant and learned counsel for respondent
No.2/insurer, the Court has perused the impugned
Judgment, Award and other materials placed on record.
9. The claimant has sustained the following
injuries:
Multiple facial abrasions and lacerations
noted, upper 1/3rd laceration noted in the left
and right forehead region, no bony step can be
alpated, middle 1/3rd, laceration with soft tissue
loss noted in the right lateral canthal, infraorbital
region and right ala of the nose, no bony step
palpated, lower 1/3rd no abnormality detected.
10. PW-2 - Doctor who has examined the claimant
assessed his disability and stated that the claimant has
sustained 11% disability to the whole body. The Tribunal
noting that the claimant has not sustained any fracture
and that the doctor who assessed his disability is not a
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:57358
MFA No. 6210 of 2026
CNR: KAHC010583242026
treated Doctor, has rightly held that the claimant is not
entitled to loss of future income due to disability.
11. Considering the injuries sustained, duration of
treatment, mental trauma and likelihood of future
discomfort and the Tribunal has awarded Rs.2,00,000/- as
global compensation and now it requires to be enhanced
by Rs.50,000/- globally without any interest.
12. In view of the above, the following:
ORDER
i) Miscellaneous First Appeal is allowed-in-
part .
ii) The appellant/claimant is entitled to
enhanced global compensation of
Rs.50,000/- without interest.
iii) Respondent No.2/insurer shall deposit the
enhanced global compensation amount
without interest before the Tribunal within a
period of six weeks from this day.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:57358
MFA No. 6210 of 2026
CNR: KAHC010583242026
iv) The appellant/claimant is entitled to release
of entire enhanced global compensation
amount.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
SJK
List No.: 1 Sl No.: 49