Sri Krishna Naik S/O Ganesh Naik v. Genesh Bharvi S/O Hoova Bharvi

NC:(2026:KHC:17558( MFA(No.(3465(of(2013( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(27 (DAY(OF(MARCH,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(C.M.(POONACHA( MISCELLANEOUS(FIRST(APPEAL(NO.(3465(OF(2013((MV-I)(

(

BETWEEN:(( ( SRI,KRISHNA,NAIK,,

S/O,GANESH,NAIK,, AGED,ABOUT,51,YEARS, R/AT,BAALE,GUNDI,

KENJOOR,GRAMA, UDUPI,TALUK, ,

, …APPELLANT, (BY,SRI.,JAYANTHA,POOJARY,,ADVOCATE),

, AND:( (

1., GENESH,BHARVI,, S/O,HOOVA,BHARVI,, Digitally AGED,ABOUT,30,YEARS, signedtiby R/AT,BHAHADOOR,SHA,ROAD,NIRMALA KUNDAPURA,576201,DEVI ,Location:

2., MAHESH,SHETTY,,HIGH0COURT OF S/O,VITTAL,SHETTY,, KARNATAKA AGED,ABOUT,34,YEARS, R/AT,NADUHEDDU,MANE,, MADARTHI,POST,, UDUPI,TALUK,576101, ,

3., THE,UNITED,INDIA,INSURANCE,CO,LTD.,,, REP,BY,ITS,DIVISIONAL,MANAGER, JWELL,PLAZA,,, ,

MARUTHI VITHIKA ROAD, UDUPI TALUK 576101

…RESPONDENTS (BY SRI. P B RAJU, ADVOCATE FOR R3 R1, R2 ARE SERVED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.07.2012 PASSED IN MVC NO.665/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

¶1The above appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 10.07.2012 passed in MVC No.665/2011 by the Prl. Senior Civil Judge & Addl. MACT., Udupi1, wherein the Tribunal has partly allowed the claim petition and awarded a total compensation of `6,000/- together with interest at 8% pa. Being aggrieved, the present appeal is filed by the claimant seeking for enhancement of compensation.

1 Hereinafter referred to as 'Tribunal'

¶2The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to the adequacy of the quantum of compensation awarded.

¶3The claimant is aged 49 years as on the date of the accident i.e., as on 31.03.2011. The wound certificate (Ex.P3) and the inpatient bill (Ex.P7) discloses that the claimant sustained cut lacerated wounds over the right elbow, right leg, left cheek, left clavicle, left thigh. All injuries are simple in nature. The claimant was an inpatient from 31.03.2011 to

02.04.2011 i.e., for a period of three days. The claimant was treated conservatively. No doctor has been examined. The Tribunal has awarded a global compensation of `6,000/-.

¶4Having regard to the nature of injuries sustained and the period of treatment, it is just and proper that a further sum of `4,000/- is awarded in full and final settlement of the claim of the appellant with interest @ 6% p.a. from the date of petition till the date of payment in addition to compensation awarded by the Tribunal.

¶5In view of the aforementioned, the following:

i) The above appeal is partly allowed;

ii) The judgment and award dated 10.07.2012 passed in MVC.No.665/2011 by the Prl. Senior Civil Judge & Addl. MACT., Udupi is hereby modified and a further sum of `4,000/- is awarded in full and final settlement of the claim of the appellant with interest @ 6% from the date of petition till the date of payment in addition to compensation awarded by the Tribunal. In all other respects, the judgment and award of the Tribunal remains unaltered;

iii) Respondent No.3 - Insurance Company shall deposit the enhanced compensation together with accrued interest within a period of six weeks;

iv) After deposit, the entire enhanced compensation with accrued interest shall be disbursed to the claimant digitally after proper identification;

v) The Registry to draw the modified award accordingly;

vi) Records be transmitted to the Tribunal forthwith; No costs.

Pending interlocutory applications, if any, are also disposed of.

Sd/- (C.M. POONACHA) JUDGE

BS List No.: 1 Sl No.: 9