Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26269 MFA No. 5004 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.5004 OF 2021(MV-I) BETWEEN:
DR. VASAVI JAKHAR D/O M.S. JAKHAR AGED ABOUT 32 YEARS, R/AT E-18/58, SECTOR 3, ROHINI EXTENSION DELHI-85 PRESENT ADDRESS DR. VASAVI JAKHAR D/O M.S. JAKHAR PG. STUDENT SDM AYURVEDA COLLEGE HOSTEL THANNIRUHALLA HASSAN-573 201 …APPELLANT (BY SRI. JAGADEESH H.T, ADVOCATE) AND:
1.
DEVARAJA N C/O E. RAJU NO.77 A 1ST MAIN, 1ST CROSS MUNISUBBAREDDY LAYOUT MOGASANDRA BOMMANAHALLI BANGALORE-560 068
2.
THE MANAGER M/S UNITED INDIA INSURANCE CO. LTD Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:26269 MFA No. 5004 of 2021 #40, LAKSHMI COMPLEX K.R. ROAD, BANGALORE-560 002 REPRESENTED BY BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., VENKATESHWARA BUILDING B.M. ROAD, HASSAN-573 201 …RESPONDENTS (BY SRI. M.V. CHANDRASHEKARA REDDY, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 18.01.2020 PASSED IN MVC NO. 1636/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T., HASSAN, 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 MR. JUSTICE RAJESH RAI K ORAL JUDGMENT
The claimant, being dissatisfied with the compensation of Rs.6,17,929/- 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.
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HC-KAR NC: 2026:KHC:26269 MFA No. 5004 of 2021
3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.)
1. Pain and sufferings 80,000/-
2. Loss of future income -
3. Medical expenses 3,22,929/-
4. Loss of marriage prospect 25,000/-
5. Loss of income during the laid up period 1,00,000/-
6. Conveyance, food, nourishment, attendant charges 60,000/-
7. Loss of amenities in life 30,000/- Total 6,17,929/-
4. Having regard to the nature, gravity and lasting effects of the injuries suffered by the claimant, I deem it appropriate to enhance a sum of Rs.1,25,000/- towards 'loss of income during the laid up period' as against Rs.1,00,000/- awarded by the Tribunal and Rs.50,000/- towards 'loss of amenities', as against the sum of Rs.30,000/- awarded by the Tribunal.
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HC-KAR NC: 2026:KHC:26269 MFA No. 5004 of 2021
5. The sums awarded under the remaining heads remain unaltered.
6. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.)
1. Pain and sufferings 80,000 80,000
2. Loss of future income - -
3. Medical expenses 3,22,929 3,22,929
4. Loss of marriage prospect 25,000 25,000
5. Loss of income during the laid up period 1,00,000 1,25,000
6. Conveyance, food, nourishment, attendant charges 60,000 60,000
7. Loss of amenities in life 30,000 50,000 Total 6,17,929 6,62,929
7. Thus, the claimant is held entitled to the total compensation of Rs.6,62,929/- as against Rs.6,17,929/-,
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HC-KAR NC: 2026:KHC:26269 MFA No. 5004 of 2021 along with interest at the rate of 6% per annum from the date of petition till its realization.
8. 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 HKV List No.: 1 Sl No.: 53