Karnataka High Court
MFA/4611/2018 of SRI BHARATH KUMAR NAIDU Vs SRI LOKESH C T on 24 April 2026
NC: 2026:KHC:22853-DB MFA No. 4611 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 4611 OF 2018 (MV-I) BETWEEN: 1. SRI BHARATH KUMAR NAIDU
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF APRIL, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCELLANEOUS FIRST APPEAL NO. 4611 OF 2018
(MV-I)
BETWEEN:
1.
SRI BHARATH KUMAR NAIDU
S/O SRI KUMAR NAIDU,
AGED ABOUT 28 YEARS,
R/AT NO.307, 2ND CROSS, 2ND MAIN,
VINAYAKA NAGAR,
ADUGODI POST,
BENGALURU-560030
…APPELLANT
(BY SRI. SURESH M LATUR., ADVOCATE)
AND:
1.
SRI LOKESH C T
S/O SRI LATE THIMMAIAH SHETTY C.P.
R/O.KOLLAPURADAMMA TEMPLE STREET,
CHIKKAMAGALURU DISTRICT-577101.
2.
THE MANAGER
NEW INDIA ASSURANCE CO.LTD.,
MAHALAXMI CHAMBERS
OPP HOTEL AJANTHA, M.G.ROAD,
BENGALURU-560001.
3.
SMT GIRIJAMMA
W/O NARAYANAPPA, BEGUR,
ANEKAL TALUK,
Digitally
signed by
VASANTHA
KUMARY B
K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
BENGALURU RURAL DISTRICT-563106
4.
THE MANAGER
RELIANCE GENERAL INSURANCE CO.LTD.,
NO.28/5, CENTENARY BLDG., EAST WING,
M.G.ROAD, BENGALURU-560001.
…RESPONDENTS
(R1 SERVED AND UNREPRESENTED;
SRI. C.R.RAVISHANKAR, ADVOCATE FOR R2;
VIDED ORDER DATED:21.11.2023, NOTICE TO R3 IS
DISPENSED WITH;
SRI. H.C.BETSUR, ADVOCATE FOR R4)
THIS MFA FILED IS U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 05/12/2017, PASSED IN MVC
NO.841/2016, ON THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES & MEMBER, MACT, (SCCH-15), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT
OF
COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present MFA has been filed impugning the judgment and award dated 05.12.2017 passed by the XIII Addl. Judge, Court of Small Causes and Member M.A.C.T., Bengaluru, in MVC No.841/2016, filed by the appellant/claimant.
HC-KAR
2. The claimant has suffered a fracture of pubic Rami right, besides he had suffered head injury, right knee injury, abrasion over forehead and right shoulder and other grievous injury all over the body. The claimant did not bring on record any evidence to suggest any disability suffered by him because of the fracture, despite no evidence being led by the claimant, the Tribunal has awarded compensation of Rs.1,98,000/- with interest @ 8% p.a. on the following heads :-
1. Pain and suffering Rs.30,000/-
2. Medical Expenses Rs.86,500/-
3. Towards Diet and Conveyance Rs.10,000/-
4. Attendant Charges Rs. 1,500/-
5. Loss of disability Rs.50,000/-
6. Loss of amenities Rs.20,000/-
TOTAL Rs.1,98,000/-
3. It is noted that the appellant/claimant has not produced any evidence in support of his claim for enhancement of compensation.
HC-KAR
4. We are of the view, that the compensation awarded by the Tribunal is just and fair. In the circumstances, there is no scope for further enhancement, which is why the appeal is dismissed. Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
NG CT:NG List No.: 1 Sl No.: 19