Mr Mathialagan P v. Abdul Malar @ Abdul Majeed Malar

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 3599 OF 2026 (MV-I) BETWEEN:

MR MATHIALAGAN P AGED ABOUT 65 YEARS S/O. PALANISAMY R/AT D.No.41, VELLAVIPUDUR POST KOLATHUPALAYAM, DHARAPURAM TIRUPUR, TAMIL NADU. PIN-638 661. …APPELLANT

(BY SMT. POOJA PARVATHY, ADVOCATE FOR SRI G RAVISHANKAR SHASTRY, ADVOCATE)

AND:

¶1ABDUL MALAR @ ABDUL MAJEED MALAR AGED ABOUT 50 YEARS S/O. LATE ABDUL KAREEM R/AT D.No.3-9/9(1), 6TH FLOOR SMART CITY, COMMERCIAL COMPLEX PERMANNUR VILLAGE, UNIVERSITY ROAD THOKKOTTU, MANGALURU TALUK D.K.-575 017.

¶2THE BRANCH MANAGER HDFC ERGO GENERAL INSURANCE CO LTD., 2ND FLOOR, ESSEL CENTRE

Location: HIGH COURT OF KARNATAKA

M.G.ROAD, MANGALURU TALUK. PIN-575 002. …RESPONDENTS

(BY SRI D VIJAYAKUMAR, ADVOCATE FOR R2 V/O DTD. 08.06.2026, NOTICE TO R1 D/W)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:03.03.2026 PASSED IN MVC No.345/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBE, MACT, MANGALURU, DAKSHINA KANNADA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

¶1This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 03.03.2026 passed in MVC No. 345/2019 by the II Additional Senior Civil Judge and Member, MACT, Mangaluru, Dakshina Kannada.

¶2Even though the matter is listed for `Admission' today, with the consent of the learned counsel appearing

for the appellant and learned appearing for respondent No. 2 – Insurer it is taken up for disposal.

¶3Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on

29.11.2018 due to the rash and negligent driving by the driver of car bearing registration No. KA-19-ME-1749. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

Pain and sufferings Rs.25,000.00 Food, attendant and conveyance charges Rs.9,000.00 Medical expenses Rs.25,406.00 Loss of income during treatment period Rs.25,000.00 Loss of future income due to disability NIL Loss of amenities of life NIL

Total Rs.84,406.00

¶4The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of

realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimant seeking enhancement of the compensation awarded, has filed the present appeal.

¶5Learned counsel for appellant would contend that claimant had sustained 5 injuries as noted in Ex.P.3 – wound certificate. Claimant could not obtain disability certificate as the Doctor who had treated him had shifted to Bengaluru. Compensation awarded for `pain and suffering' `food, attendant and conveyance charges' `loss of income during laid up period' are on lower side. With this he prayed to allow the appeal.

¶6Learned counsel for respondent No.2 – Insurer would contend that compensation awarded under all the heads is just and proper and there are no grounds for enhancement of the compensation.

¶7Having heard learned counsel for the parties, this Court has perused the judgment and award.

¶8Ex.P.3 is the wound certificate and as per the said wound certificate claimant had sustained the following injuries:

i) SRH along Flax and tentorium

ii) Fracture of lateral wall of maxillary sinus with hemobinus

iii) Diffuse cerebral edema

iv) Small intra parenchyman bleed in the right parietal region

v) Laceration approximately 3 CM with soft tissue exposed above upper lip

vi) Black discolurisation around ® eye

vii) Hematoma above left eyebrow

¶9Claimant was admitted in the hospital for 9 days. Occupation of the claimant is `Sales Executive and Helper' under on Mr. Divakar in Durgamba Bus Works. Considering the injuries, sustained, the period for which he

was admitted in the hospital and amount spent towards medical expenses, the compensation awarded by the Tribunal requires to be enhanced globally in a sum of Rs.30,000/- with interest at the rate of 6% p.a. from date of petition till the date of realization. Respondent No.2 – Insurer is liable to pay the said compensation with interest.

¶10In view of the above, the following; O R D E R a) Appeal is allowed in part. b) Appellant - claimant is entitled to enhanced global compensation of Rs.30,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. c) Respondent No. 2 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day.

d) Appellant - claimant is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

LRS List No.: 1 Sl No.: 50 Ct.sm