Sri Sundara v. Sri K S Dakshith Kumar

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 6731 OF 2025 (MV-I) BETWEEN:

SRI. SUNDARA AGED 60 YEARS, SON OF BASAVA, RESIDING AT HOUSE NO.12-2-18, VINOBHA NAGAR, KADABETTU, MOODANIDAMBURU VILLAGE, UDUPI TALUK - 576 101, UDUPI DISTRICT. …APPELLANT (BY SRI. N. JAGADISH BALIGA, ADVOCATE) AND:

¶1SRI. K.S. DAKSHITH KUMAR AGED 24 YEARS, SON OF SRI SUNDARA, RESIDING AT NO.12-2-18, VINOBHA NAGAR, KADABETTU, MOODANIDAMBURU VILLAGE, UDUPI TALUK - 576 101, UDUPI DISTRICT.

¶2THE UNITED INDIA INSURANCE CO. LTD., P B NO.78 JEWEL PLAZA, 1ST FLOOR, MARUTHI VEETHIKA, UDUPI - 576 101, REP. BY ITS BRANCH MANAGER.

Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:41796( MFA(No.(6731(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010593082025( ( ( , …RESPONDENTS, (BY,SRI.,S.,KRISHNA,KISHORE,,ADVOCATE,FOR,R2;, ,,,,,VIDE,ORDER,DATED,30.07.2026,,NOTICE,TO,R1,IS,HELD,,,,,,,, ,,,,,SUFFICIENT), , , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT, AGAINST, THE, JUDGMENT, AND, AWARD, DATED, 30.06.2025,, PASSED, IN, MVC, NO.525/2023,ON, THE, FILE, OF, THE, SENIOR, CIVIL, JUDGE, AND, ADDITIONAL, MACT,, KUNDAPURA,, 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( This, appeal, is, filed, by, the, claimant, seeking, enhancement, of, compensation, awarded, in, the, Judgment, and,Award,dated,30.06.2025,passed,in,MVC,No.525/2023, by,Senior,Civil,Judge,and,Additional,MACT,,Kundapura.,,,

¶2Even, though, the, matter, is, listed, today, for, admission,, with, the, consent, of, both, the, learned, counsel,

for appellant and learned counsel for respondent No.2/insurer, the matter is taken up for disposal.

¶3The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident which took place on

21.02.2023 contending that the accident occurred due to rash and negligent driving by the rider of motorcycle bearing registration No.KA-20/EY-4496.

¶4The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the global compensation of Rs.25,000/- with interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.2/insurer to pay the global compensation awarded with interest. The claimant has filed the present appeal seeking enhancement of compensation.

¶5Heard the learned counsel for appellant and learned counsel for respondent No.2/insurer.

¶6Learned counsel for the appellant would contend that, the claimant has sustained six (06) simple injuries and he was admitted in the hospital for six (06) days. Considering the said aspect, the compensation awarded is on lower side. With these, he prayed to allow the appeal.

¶7Learned counsel for respondent No.2/insurer would contend that, the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal.

¶8Having heard both the learned counsel for appellant and learned counsel for respondent No.2/insurer, the Court has perused the impugned judgment and award.

¶9The claimant has sustained six (06) simple injuries as per Ex.P51 - Wound Certificate. The claimant

has been admitted in hospital for six (06) days. The claimant was aged fifty eight (58) years as on the date of accident and he was auto driver. Considering the said aspect, the compensation awarded by the Tribunal in a sum of Rs.25,000/- is on lower side.

¶10Therefore, the claimant is entitled to enhanced global compensation of Rs.25,000/- with interest at the rate of 6% per annum from the date of petition till realisation.

¶11Respondent No.2/insurer is liable to pay the enhanced global compensation with interest.

¶12In view of the above, the following: ORDER

i) Miscellaneous First Appeal is allowed-in-part.

ii) The appellant/claimant is entitled to enhanced global compensation of Rs.25,000/- with interest at the rate of 6%

per annum from the date of petition till realisation.

iii) Respondent No.2/insurer shall deposit the enhanced global compensation amount with interest before the Tribunal within a period of six weeks from this day.

iv) The appellant/claimant is entitled to release of entire enhanced global compensation with interest.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

KLV List No.: 1 Sl No.: 20