Punith S R Vs the Divisional Controller

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NC: 2025:KHC:40122 MFA No. 3098 of 2021

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 3098 OF 2021 (MV-I)

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BETWEEN:

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PUNITH S.R S/O RAJU AGED ABOUT 34 YEARS R/AT SHANKARANAHALLI VILLAGE K.B. HALLI POST, LAKYA HOBLI, CHIKKAMAGALUR TALUK AND DISTRICT - 577 146, PRESENT R/AT C/O KAVANA MANJUNATH DOOR NO. 595, 27TH MAIN 2ND STAGE, B T M LAYOUT BENGALURU - 560 076

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…APPELLANT

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(BY SRI. RAKSHAN M.K, ADVOCATE FOR SRI. ABHIJITH M, ADVOCATE)

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Digitally Signed by REKHA R Location : High Court of Karnataka

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AND:

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THE DIVISIONAL CONTROLLER K.S.R.T.C ,HASSAN DIVISION HASSAN DISTRICT.

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…RESPONDENT

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(BY SMT. RADHA B.P, ADVOCATE)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.03.2021 PASSED IN MVC NO. 5524/2019 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MACT, BENGAURU (SCCH-1) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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NC: 2025:KHC:40122 MFA No. 3098 of 2021

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HC-KAR

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant seeking for enhancement of compensation arising out of judgment and award dated 26.03.2021 in MVC No. 5524/2019 passed by the Chief Judge, Court of Small Causes, Member, Principal Motor Accident Claims Tribunal at Bengaluru (SCCH-1) (for short ‘Tribunal’).

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The date of accident, involvement of vehicle,

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injuries sustained as well as liability to pay the compensation are not in dispute. The only dispute is with regard to inadequacy of compensation.

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Heard Sri.Rakshan M.K, learned counsel appearing for Sri. Abhijith M., learned counsel for the appellant and Smt. Radha B.P., learned counsel appearing for the respondent - Corporation.

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3 - NC: 2025:KHC:40122 MFA No. 3098 of 2021

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HC-KAR

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Sri. Rakshan M.K., with all vehemence submits

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that the appellant has sustained comminuted fracture of bilateral nasal bone, displaced fracture of distal plate right frontal bone-roof of right orbit, undisplaced fracture of

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medial wall-right orbit. The Doctor-PW2, has stated that the injures resulted in disability to an extent of 12% to the whole body. The Tribunal has not properly considered the case of the appellant and erred in not awarding appropriate compensation under all the heads including the medical expenses. Accordingly, sought to allow the appeal.

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In contrast, Smt.Radha B.P., submits that the Tribunal having considered the fact that the respondent - Corporation has deposited a sum of Rs.1,10,741/- to Columbia Asia Hospital in respect of medical bills at Ex.P-12, wherein the appellant has been admitted for treatment and awarded the balance amount as per the bill at Rs.10,957/-. She further states that, the Tribunal having considered the injuries sustained and treatment

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4 - NC: 2025:KHC:40122 MFA No. 3098 of 2021

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HC-KAR

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taken, has awarded appropriate compensation under all

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the heads which does not call for any interference at the hands of this Court. Accordingly, sought to dismiss the appeal.

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Having heard the learned counsel appearing for both the parties, perused the entire appeal papers as well as trial Court record.

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The only point that would arise for consideration by this Court is:-

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“Whether compensation awarded by the Tribunal in the facts and circumstances of the case, taking note of the year of accident, is just and proper within the meaning of ‘just compensation’?”

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My answer to the above point for consideration is partly in the affirmative for the following reasons:-

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It is not in dispute that the appellant has sustained comminuted fracture of bilateral nasal bone, displaced

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HC-KAR

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fracture of distal plate right frontal bone-roof of right orbit, undisplaced fracture of medial wall-right orbit. The Doctor on careful examination has found that the appellant has sustained injuries, which resulted in disability at the rate of 12% to the whole body.

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Looking to the injuries sustained and evidence of PW2-doctor there is some force in the argument advanced by learned counsel appearing for the appellant. Considering the peculiar facts and circumstances of the case, instead of awarding compensation under each heads, another sum of Rs.90,000/- is awarded globally, which would meet the ends of justice.

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Accordingly, I proceed to pass the following:-

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ORDER

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i. The appeal is allowed in-part .

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ii. The appellant is entitled for enhancement of

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global compensation of another sum of Rs.90,000/-, which shall carry interest at

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NC: 2025:KHC:40122 MFA No. 3098 of 2021

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HC-KAR

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the rate of 6% per annum from the date petition till realization, by modifying the impugned judgment and award.

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iii. The respondent - Corporation shall deposit the enhanced compensation along with interest stated supra, within six weeks from the date of receipt of copy of this order before the concerned Tribunal.

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iv. Upon deposit, entire amount shall be released in favour of claimant on proper identification.

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v. Registry is directed to transmit the TCR along with copy of this order to the Tribunal forthwith.

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Sd/(T.M.NADAF) JUDGE

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List No.: 1 Sl No.: 0 CT: BHK

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VS

Punith S R v. the Divisional Controller

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Punith S R v. the Divisional Controller

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