Partly allowed¶43

Sri Sumanth R v. Icici Lombard General

Motor Vehicles Act – S.173(1) – Enhancement of compensation

Karnataka HC5 Mar 2026MFA/1575/2020

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Case brief

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What is this about?

Karnataka High Court single-judge oral judgment (Justice Vijaykumar A. Patil, 05.03.2026) in M.F.A. No.1575/2020 (MV-I): enhancement of MACT compensation for eye injuries (left eyelid tear, corneal tear, iris prolapse) by adding Rs.30,000/- at 6% interest over the Tribunal's Rs.50,000/- at 9%; no disability proved; insurer ICICI Lombard; appeal partly allowed.

What did the court decide?

Enhancement of compensation by an additional Rs.30,000/- carrying interest at 6% per annum from the date of petition till realization; respondent/insurer directed to deposit the amount before the Tribunal within six weeks for release to the appellant; Registry to draw modified award. ¶43

Sri Sumanth R Vs Icici Lombard General — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the compensation awarded by the Tribunal was inadequate and required enhancement for the injuries sustained by the appellant. +1 more

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Court's answer

Considering the nature of injuries (tear of left eyelid, corneal tear and iris prolapse evident from Ex.P3) and conservative treatment of about 2 days at Prabha Eye Clinic and Research Centre, and in the absence of any document substantiating disability or further treatment beyond the wound certificate and medical bills, the appellant is entitled to an additional sum of Rs.30,000/- as compensation.

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Ratio / Principle

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.

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Key takeaways

The impugned judgment and award of the Tribunal is modified to the extent of the additional Rs.30,000/-; the appeal stands partly allowed; the respondent/insurer shall deposit the additional compensation with accrued interest before the Tribunal within six weeks of receipt of certified copy, for release to the appellant; Registry to draw modified award.ratio¶43

Detailed headnote1 paragraphs

Motor Vehicles Act — S.173(1) — Enhancement of compensation — Injured claimant (eye injuries: tear of left eyelid, corneal tear and iris prolapse, Ex.P3) with conservative treatment of about 2 days at Prabha Eye Clinic and Research Centre — Tribunal had awarded global compensation of Rs.50,000/- with interest at 9% p.a. — No document produced to substantiate disability or further treatment except wound certificate and medical bills — High Court awarded additional Rs.30,000/- with interest at 6% p.a. from date of petition — Appeal partly allowed; impugned judgment and award modified to that extent; insurer directed to deposit before the Tribunal within six weeks.

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NC: 2026:KHC:13615 M.F.A. No.1575/2020

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF MARCH, 2026 BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.1575/2020 (MV-I)

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BETWEEN:

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Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA

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SRI. SUMANTH .R S/O RAJENDRA .M AGED ABOUT 24 YEARS R/AT NO.74, 11TH CROSS BELLANDUR POST BENGALURU-560 103.

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…APPELLANT

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(BY SRI. PRAMODA GOWDA T.P. ADV.,)

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AND:

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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.

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(INSURER OF THE VEHICLE CAR BEARING NO. KA-01-ML-9761) POLICY NO.170900116P101974865 VALID FROM 23/05/2016 TO 22/05/2017).

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RAJENDRA .M S/O MUNIREDDY .H R/AT NO.74, 11TH CROSS

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2 - NC: 2026:KHC:13615 M.F.A. No.1575/2020

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HC-KAR

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BELLANDUR POST BANGALORE-560 103. (OWNER OF THE VEHICLE CAR BEARING NO. KA-01-ML-9761)

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…RESPONDENTS

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(BY SRI. B.C. SHIVANNE GOWDA, ADV., FOR R1 R2 SERVED)

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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.

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

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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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').

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Though this appeal is listed for admission, with

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the consent of learned counsel for the parties, it is taken up for final disposal.

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3 - NC: 2026:KHC:13615 M.F.A. No.1575/2020

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HC-KAR

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Sri.Pramoda Gowda T.P., learned counsel

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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.

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Per contra, Sri.B.C.Shivanne Gowda, learned

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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.

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NC: 2026:KHC:13615 M.F.A. No.1575/2020

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HC-KAR

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I have heard the arguments on both the sides

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and meticulously perused the material available on record.

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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.

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5 - NC: 2026:KHC:13615 M.F.A. No.1575/2020

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HC-KAR

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The impugned judgment and award of the

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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.

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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

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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ABK List No.: 1 Sl No.: 22

Sri Sumanth R v. Icici Lombard General

Case brief

What is this about?

What did the court decide?

Sri Sumanth R v. Icici Lombard General

Case brief

What is this about?

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