- 1 - HC-KAR NC: 2025:KHC:45033-DB MFA No. 7382 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 7382 OF 2018 (MV- I) BETWEEN: SRI SOMASHEKER SINCE DEAD BY HIS LRS 1. SMT NAGAMMA W/O SOMASHEKAR AGED ABOUT 41 YEARS, 2. SMT NEELAMMA W/O ANGARA AGED ABOUT 75 YEARS, 3. SHILPA H S D/O SOMASHEKAR AGED ABOUT 19 YEARS, 4. VINODH H S S/O SOMASHEKAR AGEE ABOUT 17 YEARS, 5. PRIYA H S D/O SOMASHEKAR AGEE ABOUT 9 YEARS, SINCE APPELLANT NOS. 4 AND 5 ARE MINORS REPRESENTED BY THEIR Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45033-DB MFA No. 7382 of 2018 NEXT FRIEND AND MOTHER SMT NAGAMMA ALL ARE RESIDENTS OF COOVE VILLAGE AT POST MUDIGERE TALUK CHIKKAMAGALURU DISTRICT PIN CODE …APPELLANTS (BY SRI. MOHAN K N., ADVOCATE) AND: 1. ANIL C C S/O JOSE C C AGED ABOUT 39 YEARS, R/O GOWRIKERE VILLAGE MUDIGERE TALUK CHIKKAMAGALURU DISTRICT DRIVER OF AUTORICKSHAW BEARING REG NO. KA-18/A-5198 2. C C JOSEPH CHACKO AGED ABOUT 52 YEARS, R/O COOVE VILLAGE & POST MUDIGERE TALUK CHIKKAMAGALURU DISTRICT OWNER OF AUTORICKSHAW BEARING REG NO.KA-18/A-5198 3. THE MANAGER UNITED INDIA INSURANCE CO LTD., CRESCENT COURT K M ROAD, CHIKKAMAGALURU-577 101 …RESPONDENTS (BY SRI. S KRISHNA KISHORE, ADVOCATE FOR R3; V/O 08.12.2021, NOTICE TO R1 AND R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED13.12.2017 PASSED IN MVC NO.372/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND - 3 - HC-KAR NC: 2025:KHC:45033-DB MFA No. 7382 of 2018 JMFC, MACT, MUDIGERE, 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 MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed by the LRs of deceased Somashekar, who got injured in the road accident on 27.09.2015. The claim petition was filed by the injured Somashekar. The said claimed petition was allowed by the Tribunal awarding compensation of Rs.5,81,242/-, along with interest at 6% per annum, as under: Loss of Earning Rs. 3,02,400/- Pain and Sufferings Rs. 1,00,000/- Medical Expenses Rs. 2,942/- Conveyance / travelling expenses Rs. 19,900/- Attendant’s charges expenses Rs. 8,000/- Loss of income during treatment and rest period. Rs. 48,000/- Loss of amenities expenses Rs. 1,00,000/- - 4 - HC-KAR NC: 2025:KHC:45033-DB MFA No. 7382 of 2018 TOTAL Rs. 5,81,242/- 2. Before the Tribunal could pronounce the judgment on the claim petition on 03.12.2017, the injured Somashekar had died. 3. The present appeal has been filed seeking enhancement of the compensation on account of the death of Somashekar. To put an end to the dispute, we suggested Rs.10 lakh further global compensation to the appellants/claimants. The learned counsel appearing for the appellants after instruction consented for such an amount to dispose of the appeal. The learned counsel for the respondent / insurance company however has disputed, the said quantum to be awarded, as it is a little excess. 4. However, considering the post mortem report and the fact that the injured died because of the ‘septicemia’ caused due to the accident, we are of the view - 5 - HC-KAR NC: 2025:KHC:45033-DB MFA No. 7382 of 2018 that a further compensation of Rs.10,00,000/- would meet the ends of justice and therefore we direct the respondent /insurance company to pay further global compensation of Rs.10,00,000/- (Rupees Ten Lakh Only) over and above the compensation awarded by the Tribunal, along with interest at 6% per annum from the date of claim petition, till the date of realization, to be deposited by the respondent / insurance company within period of four weeks from the date of this order. 5. The said amount of Rs.10,00,000/- (Rupees Ten Lakh Only) alongwith interest shall be deposited before the concerned Tribunal, for disbursement and apportionment, as per the order of the Tribunal. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE JJ