Suresh vs Manjegowda
2026 Latest Caselaw 2279 Kant

Karnataka High Court

Suresh vs Manjegowda on 13 March, 2026

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                                                        NC: 2026:KHC:15031
                                                      M.F.A. No.9803/2018


                   HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                            DATED THIS THE 13TH DAY OF MARCH, 2026
                                            BEFORE
                         THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                    MISCELLANEOUS FIRST APPEAL NO.9803/2018 (MV-I)


                   BETWEEN:

                   SURESH
                   S/O LATE SHIVALINGEGOWDA
                   AGED ABOUT 41 YEARS
                   R/AT GORAGONDANAHALLI VILLAGE
Digitally signed   TIPUTR TALUK - 572201
by ARSHIFA         TUMKUR DISTRICT.
BAHAR
KHANAM                                                        ...APPELLANT
Location: HIGH
COURT OF           (BY SRI. GIREESHA S.N. ADV., FOR
KARNATAKA              SRI. MANJUNATH N.D. ADV.,)

                   AND:

                   1.    MANJEGOWDA
                         S/O THIRUMALLEGOWDA
                         AGED ABOUT 31 YEARS
                         R/AT. ATTIHALLI VILLAGE
                         NUGGEHALLI HOBLI
                         CHANNARAYAPATAN TALUK
                         HASSAN DIST-573116.

                   2.    RANGASWAMY V.K.
                         S/O KALEGOWDA
                         AGED ABOUT MAJOR
                         R/AT VALAGERE SOMANAHATTI
                         VILLAGE, NUGGEHALLI HOBLI
                         CHANNARAYAPATNA TALUK
                         HASSAN DISTRICT - 573116.
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                                              NC: 2026:KHC:15031
                                            M.F.A. No.9803/2018


HC-KAR




3.    UNIVERSAL SOMPO GENERAL
      INSURANCE CO., LTD.,
      HASSAN 573201
      BY ITS MANAGER.

                                                  ...RESPONDENTS
(BY SRI. D. VIJAYA KUMAR, ADV., FOR R3
NOTICE TO R1 & R2 IS D/W ON 24.07.2024)

     THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED:09.02.2018 PASSED IN MVC
NO.648/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE &
JMFC, TIPTUR, 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 VIJAYKUMAR A. PATIL

                       ORAL JUDGMENT

This appeal is filed by the injured appellant seeking

for higher compensation challenging the impugned

judgment and award dated 09.02.2018 passed in

MVC.No.648/2012 by the Senior Civil Judge & JMFC,

Tiptur, (for short 'Tribunal').

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2. Though this appeal is listed for orders, with the

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

for final disposal.

3. Sri.Gireesha S.N., learned counsel for

Sri.Manjunath N.D., learned counsel appearing for the

appellant submits that the Tribunal has committed a grave

error in appreciating the oral as well as the documentary

evidence placed on record. It is submitted that the

appellant had sustained a fracture of the tibia and also

sustained other grievous injuries, as is evident from Ex.P6,

the wound certificate. However, the Tribunal has awarded

only a sum of Rs.60,000/- as compensation. Hence, he

seeks to enhance the compensation appropriately by

allowing the appeal.

4. Per contra, Sri.D.Vijayakumar, learned counsel

for respondent No.3 supports that impugned judgment

and award of the Tribunal and submits that the appellant

had sustained only small abrasions due to the accident.

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Considering the simple injuries suffered by the appellant,

the Tribunal has awarded just and reasonable

compensation, which does not call for any interference.

Hence, he seeks to dismiss the appeal.

5. I have heard the arguments on both the sides

and meticulously perused the material available on records

including the Tribunal records.

6. The records indicate that the appellant met with

a road accident on 17.09.2011 and was immediately

shifted to Government General Hospital, Tiptur as is

evident from Ex.P6, the wound certificate. The wound

certificate indicates the abrasions on different parts of the

body, the x-ray report indicates that there is a fracture of

the upper 1/3rd of tibia and the doctor has opined that the

injuries are grievous in nature. Considering the wound

certificate and oral evidence of the injured appellant, I am

of the considered view that this Court cannot reassess the

compensation under the head of loss of future income due

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to disability. However, taking note of the nature of injuries

suffered and treatment provided, I am of the view that the

interest of justice would be met if an additional

compensation of Rs.30,000/- is awarded to the appellant.

Accordingly, the appellant is entitled to an additional sum

of Rs.30,000/- as compensation.

7. The impugned judgment and award of the

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.

8. 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

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appellant. Registry is directed to transmit the TCRs

forthwith and draw the modified award accordingly.

Sd/-

(VIJAYKUMAR A. PATIL) JUDGE

ABK List No.: 1 Sl No.: 7