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2026 DAILYLAW 19594 (KAR)

RAMESH v. KRISHNA G.T

MFA/4615/2022 · 2026-06-04

Rajesh Rai K

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26615 MFA No. 4615 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4615 OF 2022(MV-I) BETWEEN: RAMESH S/O VENKATAPPA AGED ABOUT 41 YEARS, OCC: ELECTRICAL WIRING & AGRICULTURIST R/O VADDIHARA, MANIYURU POST KONANDURU, THIRTHAHALLI TALUK SHIMOGGA DISTRICT-577 455 …APPELLANT (BY SRI. GANAPATHI., ADVOCATE) AND: 1. KRISHNA G.T S/O THIMMAPPA AGED ABOUT 26 YEARS, PRESENTLY R/O BDA COMPLEX KULAGERI BENGALURU PERMANENT ADDRESS NO.144, GOLURU VILLAGE MADDURU TALUK MANDYA DISTRICT (DRIVER OF THE QUALIES CAR NO.KA-03/MB-5762) 2. SAVITHA H.C W/O LOKESHA M.P AGED ABOUT 35 YEARS, R/O PAVANALAYA, GKM COLLEGE ROAD JARAGANAHALLI, BENGALURU -560 078 (OWNER OF THE QUALIES CAR NO.KA-03/MB-5762) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26615 MFA No. 4615 of 2022 3. THE REGIONAL MANAGER IFFCO TOKIYO GENERAL INSURANCE CO.LTD KSCMF BUILDING, 3RD FLOOR 8TH BLOCK, OFFICE NO.8 KANNINGHYAM ROAD BENGALURU -52 (INSURER OF THE QUALIES CAR NO.KA-03/MB-5762) …RESPONDENTS (BY SRI. MURALIDHAR NEGAVAR, ADVOCATE FOR R3, SRI. C.R. SUBRAMANYA, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.15.02.2022 IN MVC NO.354/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, AMACT-14, THIRTHAHALLI, 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 1. The claimant, being dissatisfied with the compensation of Rs.4,76,000/- 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 - HC-KAR NC: 2026:KHC:26615 MFA No. 4615 of 2022 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 50,000 2. Loss of future income 2,31,000 3. Medical expenses 1,00,000 4. Loss of income during the laid up period 75,000 5. Conveyance, food, nourishment, attendant charges 20,000 Total 4,76,000 4. Having regard to the nature, gravity and the lasting effects of the injuries suffered by 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.24,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.4,76,000/-. Thus, the claimant is held entitled to the total compensation of Rs.5,00,000/- as against Rs.4,76,000/-. However, no interest is awarded in respect of global compensation of Rs.24,000/-. - 4 - HC-KAR NC: 2026:KHC:26615 MFA No. 4615 of 2022 5. The Insurance Company is directed to deposit the amount of additional compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. 6. Accordingly, in modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 32