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2026 DAILYLAW 19650 (KAR)

MAHADEVAIAH v. SRINIVAS

MFA/4765/2021 · 2026-06-05

Rajesh Rai K

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26930 MFA No. 4765 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4765 OF 2021(MV-I) BETWEEN: MAHADEVAIAH S/O KRISHNAPPA AGED ABOUT 38 YEARS R/AT MANAMANAHALLI KASABA HOBLI RAMANAGARA TALUK- 562 159 …APPELLANT (BY SRI. SHANTHARAJ K, ADVOCATE) AND: 1. SRINIVAS S/O KEMPAIAH AGED MAJOR R/AT BHADAKANAMAHALLI VILLAGE BHATHAMANSANSAL HOBLI KOLAR 563101 2. UNITED INDIA INS CO LTD BY ITS MANAGER NO 484/2, SADHU CHINNAMMA BUILDING 2ND FLOOR SDM TEMPLE ROAD KUMBARA STREET CROSS OPP SYNDICATE BANK K.R PURAM, BENGLAURU 560036 3. BAKKIS KHANUM W/O NOT KNOWN AGE MAJOR Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26930 MFA No. 4765 of 2021 R/AT SOMPURA, DABASPET NELAMANGALA TALUK- 562123 4. NEW INDIA ASSURANCE CO LTD BY ITS MANGER CHANNAPATNA BRANCH NO 2241/4, GIRIYAMMA SHAMBHUGOWDA COMPLEX CHURCH ROAD CHANNAPATNA-562160 …RESPONDENTS (BY SRI. JWALA KUMAR, ADVOCATE FOR R2, SRI. G.S MARULAIAH, ADVOCATE FOR R4, VIDE ORDER DATED 09.11.2022, NOTICE TO R1 7 R3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.02.2021 PASSED IN MVC NO. 331/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND MACT, RAMANAGARAM, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, 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.25,000/- 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:26930 MFA No. 4765 of 2021 3. 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.25,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.25,000/-. Thus, the claimant is held entitled to the total compensation of Rs.50,000/- as against Rs.25,000/-. However, no interest is awarded in respect of global compensation of Rs.25,000/-. 4. Respondent Nos.2 and 4-Insurance Company are directed to deposit the amount of additional compensation awarded equally within six weeks from the date of receipt of a certified copy of this judgment. 5. 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.: 52