IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO.4083 OF 2020 (MV-I)

BETWEEN:

SRI AMAL MOHAN, S/O LATE MOHAN, AGED ABOUT 18 YEARS R/AT NO.11/625, KUNUVILA VEEDU, THUDAYANOOR POST, KADAKKAL, KERALA-691536 (A MINOR NOW ATTAINED MAJORITY)

…APPELLANT (BY SRI. SHRIPAD V SHASTRI, ADVOCATE)

Digitally signed by AND:

SHARADAVANI B Location: High Court of 1. ICICI Lombard General Insurance Co. Ltd., Karnataka PRESTIGE CORNICHE NO.62/1, 2^ND FLOOR, RICHMOND ROAD, BANGLAORE - 25. BY ITS MANAGER.

2. SRI BHARATH SINHA C S S/O SHAMPRASAD C A R/AT NO.23, "SUNDARA"

3^RD A MAIN, BRINDAVAN LAYOUT, PADMANABHANAGAR, NEAR KUMARANS PU COLLEGE, BENGALURU-560061.

…RESPONDENTS (BY SRI. B.PRADEEP, ADV. FOR R1;

V/O/D 14.6.2022, NOTICE TO R2 IS D/W)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 25.07.2019, PASSED IN MVC NO.1764/2017, ON THE FILE OF THE X-ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MACT, BENGALURU (SCCH-16), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

ORAL JUDGMENT

This appeal is filed by the claimant being aggrieved by the judgment and award dated 25.07.2019 passed by the Court of Small Causes and Motor Accident Claims Tribunal, Bengaluru (SCCH-16) (for short `Tribunal') in MVC No.1764/2017, seeking enhancement of compensation.

2. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal.

3. The matter is slated for admission. With the consent of both the side counsels, it is taken up for final disposal.

4. The brief facts of the case are that on

11.03.2017, at 9-45 p.m., when the claimant was crossing the road near Hebbal Ring Road, Hebbal Park, the driver of the Car bearing Reg.No.KA-05-MK-4442 drove his vehicle in a rash and negligent manner and hit the claimant. As a result of impact, the claimant sustained fracture of distal third of both bones of left leg and other injuries. He took treatment in Abhaya Hospital, Bengaluru and has suffered permanent disability. With these reasons, the claimant has prayed for awarding compensation.

5. Respondent No.1 was the insurer and respondent No.2 was the owner of the offending vehicle.

Respondent No.2 remained ex parte before the Tribunal. Respondent No.1 filed its written statement denying the contentions of the claim petitioner and also denied its liability to pay the compensation. It also contended that accident occurred due to negligence of the claimant and prayed to dismiss the claim petition.

6. From the rival contentions of the parties, the Tribunal framed necessary issues.

7. The claimant to prove his case, examined PWs.1 and 2 and marked documents as per Exs.P-1 to P-16. The respondent-Insurance Company has examined RW.1 and marked documents as per Exs.R1 and R2.

8. The Tribunal after hearing both parties and appreciating the evidence on record, by the impugned judgment held that accident occurred due to negligence of the claimant, as well as driver of the offending Car and in all awarded compensation of Rs.2,98,142/- as under:

Being aggrieved by the said award passed by the Tribunal, the claimant has filed the present appeal seeking enhancement of compensation.

9. Heard the arguments of the learned counsel appearing for the claimant as well as the insurer.

10. Learned counsel for the appellant/claimant contended that Tribunal has erroneously held that accident occurred due to contributory negligence of claimant, as well as driver of the offending car; The compensation awarded by the Tribunal is inadequate; the Tribunal has not assessed the income and the disability of the claimant properly. The compensation awarded under other heads are also on the lower side.

11. The learned counsel for the claimant further contended that the claimant was aged abo