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2026 DAILYLAW 11206 (KAR)

SRI SATHISH K v. SRI VIJAYA

MFA/6543/2021 · 2026-03-04

K Manmadha Rao

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13164 MFA No. 6543 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO.6543 OF 2021 (MV-I) BETWEEN: SRI SATHISH K S/O KARIYA MARAKALA AGED ABOUT 44 YEARS RESIDING AT ‘KRISHNA KRUPA’ HOSUR VILLAGE, KARJE POST, UDUPI TALUK AND DISTRICT. …APPELLANT (BY SRI. K V SHYAMAPRASADA.,ADVOCATE) AND: 1. SRI VIJAYA S/O ANANDA R/AT UMMANA GUDDE MANE OLAVOORU THUMBE BANTWAL TALUK DAKSHINA KANNADA DISTRICT. 2. SRI. DILIP KUMAR S/O KESHAVA CHOWTA R/AT NAGAR BEHIND VIDYADAYINI SCHOOL IDYA, SURATHKAL DAKSHINA KANNADA DISTRICT. 3. UNITED INDIA INSURANCE COMPANY LIMITED MANGALORE BRANCH UDUPI TALUK AND DISTRICT. …RESPONDENTS (BY SRI.RAVISH BENNI.,ADVOCATE FOR R3, R2-NOTICE D/W VIDE ORDER DATED 20.01.2026, R1-SERVED AND UNREPRESENTED) Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13164 MFA No. 6543 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED.19.10.2016, PASSED IN MVC NO.869/2013, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, 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 DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT This appeal has been filed by the claimant challenging the impugned judgment and award dated 19.10.2016 passed by the Additional Motor Accidents Claims Tribunal and Principal Senior Civil Judge, Udupi (for short ‘the Tribunal’), in M.V.C.No.869/2013. The Tribunal has awarded a sum of Rs.8,22,070/- together with interest at 6% p.a. from the date of petition till the date of actual deposit, towards the injuries sustained by the claimant- appellant in a road traffic accident that occurred on 17.11.2012. - 3 - HC-KAR NC: 2026:KHC:13164 MFA No. 6543 of 2021 2. Though the matter is listed for orders, with the consent of learned counsel for the parties, the matter is taken up for final disposal. 3. Heard the learned counsel for the appellant as well as the learned counsel for respondent-Insurance company. Perused the impugned judgment and award passed by the Tribunal and the material on record. 4. Having regard to the nature of the injuries suffered by the appellant-claimant, I am of the opinion that it would be appropriate to award an additional sum of Rs.75,000/- inclusive of interest by way of global compensation. 5. Hence, I pass the following order:- (i) The appeal is allowed in part. (ii) The impugned judgment and award dated 19.10.2016 passed by the Tribunal is modified by awarding an additional sum of Rs.75,000/- inclusive of interest. However, in view of the order dated 04.03.2026, - 4 - HC-KAR NC: 2026:KHC:13164 MFA No. 6543 of 2021 the appellant-claimant would not be entitled for the interest for the delayed period of 1212 days in filing the appeal. (iii) The aforesaid enhanced compensation amount of Rs.75,000/- shall be deposited within a period of eight weeks from today by the Insurance company before the Tribunal. (iv) Amount in deposit with accrued interest, if any, shall be transmitted to the Tribunal. (iv) Registry is directed to send back the TCR to the Tribunal. SD/- (DR.K.MANMADHA RAO) JUDGE GSR List No.: 1 Sl No.: 16