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2026 DAILYLAW 20108 (KAR)

MANVITHA v. K. SRINIVAS

MFA/337/2020 · 2026-06-02

Rajesh Rai K

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25604 MFA No. 337 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 337 OF 2020 (MV-I) BETWEEN: MANVITHA D/O TEJAMURTHY M.E., BEING A MINOR REPRESENTED BY HER NATURAL FATHER AS, MINOR GUARDIAN, R/AT NO. 436, CHANNAPATNA HOUSING BOARD, OPPOSITE TO BUS STAND, HASSAN-573 128 …APPELLANT (BY SRI. OMKAR BASAVA PRABHU, ADVOCATE) AND: 1. K. SRINIVAS S/O DASAPPA V, MAJOR BY AGE R/AT SATTIGARAHALLI KOPALLU, KARLE POST, KATTYA HOBLI, HASSAN-573 128. 2. CHOLAMANDALAM GENERAL INSURANCE COMPANY LIMITED 2ND FLOOR, DARE HOUSE NO. 2, NSC BONE ROAD, CHENNAI-600 001. REPRESENTED BY THE REGIONAL MANAGER, CHOLAMANDALAM COMPANY LIMITED, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25604 MFA No. 337 of 2020 BRANCH , 5TH FLOOR, GOLDEN RED COMPLEX, INDUSTRIAL SUB RUB, RAJAJI NAGARA, BANGALORE -560 010 …RESPONDENTS (BY SRI. PRADEEP B, ADVOCATE FOR R2, NOTICE TO R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.04.2019 PASSED IN MVC NO 1573/2016 THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, PRL. SENIOR CIVIL JUDGE, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR 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.1,25,000/- 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. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: - 3 - HC-KAR NC: 2026:KHC:25604 MFA No. 337 of 2020 Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 1,00,000 2. Conveyance, food, nourishment, attendant charges 25,000 Total 1,25,000 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.50,000/- as a global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.1,25,000/-. Thus, the claimant is held entitled to the total compensation of Rs.1,75,000/- as against Rs.1,25,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization.. - 4 - HC-KAR NC: 2026:KHC:25604 MFA No. 337 of 2020 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.: 21