Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:26200 MFA No. 3170 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3170 OF 2021(MV-I) BETWEEN:
SRI. PRABHU S/O LATE HULURE GOWDA AGED ABOUT 55 YEARS R/AT THORE HOSOOR CHANNAPATNA TALUK MALUR HOBLI RAMANAGARA DISTRICT PIN-562160. …APPELLANT (BY SRI. BHANU H.M, ADVOCATE) AND:
1. SHAMSU S/O LATE ABDUL REHAMAN R/AT #8, FATHIMA TEA HOUSE, II 'A' CROSS, LALBAGH ROAD CKC GARDEN BENGALURU-560 027.
2.
RELIANCE GENERAL INSURANCE COMPANY LTD., 5TH FLOOR, CENTURY BUILDING, 28, M.G ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R2, R1 - SHAMSHU IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.07.2018 PASSED IN MVC Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:26200 MFA No. 3170 of 2021 NO.5510/2015 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-4, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT
1. The claimant, being dissatisfied with the compensation of Rs.2,96,000/- awarded by the Tribunal, is in appeal.
2. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.
3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.)
1. Pain and sufferings 40,000
2. Medical expenses 22,000
3. Loss of earning during laid up period 30,000
- 3 -
HC-KAR NC: 2026:KHC:26200 MFA No. 3170 of 2021
4. Loss of future earning 1,24,000
5. Conveyance, food, nourishment, attendant charges 30,000
6. Loss of future amenities 30,000
7. Future Medical expenses 20,000 Total 2,96,000
4. Heard learned counsel for the appellant and learned counsel for respondent No.2, and also perused the records.
5. Having regard to the nature and gravity of the injuries sustained by the claimant and also having regard to the age of the claimant, I deem it appropriate that instead of enhancing the sum under each head, it would be just and appropriate to award additional compensation of Rs.25,000/- as a global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.2,96,000/-. Thus, the claimant is held entitled to the total compensation of Rs.3,21,000/- as against Rs.2,96,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization..
- 4 -
HC-KAR NC: 2026:KHC:26200 MFA No. 3170 of 2021
6. The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 41