Ashok Kumar K T Vs Universal Sompo General Insurance Co. Ltd.

UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD., BY ITS MANAGER, 217/A, 3^RD FLOOR, KVV SAMRAT, OPPOSITE TO SAILS FACTORY, 3^RD MAIN, OUTER RING ROAD, KASTURI NAGAR, BANGALORE – 560 043.

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SHARADA G,

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W/O SHYAM PRASAD, AGED MAJOR, NO.167, MLA LAYOUT,

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2 - NC: 2025:KHC:30962 MFA No. 6485 of 2019

HC-KAR

R.T.NAGAR MAIN ROAD,

BANGALORE – 560 032.

…RESPONDENTS

(BY SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR R1; R2 – NOTICE DISPENSED WITH (VIDE ORDER DATED 17.03.2023)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.03.2018 PASSED IN MVC NO.971/2017 ON THE FILE OF THE XXII ASCJ & XX ACMM & MEMBER, MACT, BENGALURU [SCCH-24], PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal under Section 173(1) of the Motor

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Vehicles Act, 1988 (hereinafter referred to as ‘the Act’, for short) has been filed by the claimant being aggrieved by the judgment dated 31.03.2018 in MVC No.971/2017

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passed by the Motor Accident Claims Tribunal.

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3 - NC: 2025:KHC:30962 MFA No. 6485 of 2019

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HC-KAR

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Facts giving rise to the filing of the appeal

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briefly stated are that on 20.11.2016, the claimant was proceeding on his motorcycle bearing registration No.KA-01-Y-7175 from Kantanakunte towards Doddaballapura, at that time, car bearing registration No.KA-04-MM-1106 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

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The claimant filed a petition under Section 166 of the Act, claiming compensation of Rs.10,00,000/-. The Tribunal considering the evidence on record award compensation amount of Rs.6,19,400/- with interest @8% p.a. from the date of petition till its realization.

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The learned counsel for the appellant contends

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that the appellant has not examined the doctor before the Tribunal as such the disability was not considered by the

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4 - NC: 2025:KHC:30962 MFA No. 6485 of 2019

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HC-KAR

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Tribunal. Ex.P.5 is wound certificate. It is further stated that he was admitted to the hospital and was inpatient for a period of 10 days and he incurred medical expenses as per Ex.P12 medical bills. Now the appellant intends to examine the doctor before the Tribunal and requires to remand the matter back to the Tribunal.

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Considering the nature of injuries sustained by

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the claimant, this Court finds it just and reasonable to remand the matter to the Tribunal with a direction to adduce medical evidence. But claimant is not entitled for interest from 31.03.2018 to 07.08.2025 on any enhanced amount by the Tribunal.

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