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2026 DAILYLAW 27178 (KAR)

MS BEEPATHUMMA @ FATHIMA v. MR P USMAN

MFA/6091/2021 · 2026-07-07

Rajesh Rai K

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:34201 MFA No. 6091 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.6091 OF 2021(MV-I) BETWEEN: MS. BEEPATHUMMA @ FATHIMA AGED ABOUT 32 YEARS, W/O ISMAIL R/AT SIRLA HOUSE MITHABAGILU VILLAGE BELTHANGADY TALUK …APPELLANT (BY SRI. RAJARAMA S, ADVOCATE) AND: 1. MR. P. USMAN AGED ABOUT 49 YEARS, S/O ALI BEARY R/AT KEMMATE HOUSE MIHABAGILU VILLAGE BELTHANGADY TALUK, D.K 2. THE MANAGER M/S UNITED INDIA INSURANCE CO. LTD BRANCH OFFICE SANTHOM TOWER, BELTHANGADY (POLICY NO.0729033118P101841036 VALIDITY FROM 09-05-2019 TO 08-05-2019) …RESPONDENTS (BY SRI. Y.P. VENKATAPATHI, ADVOCATE FOR R2, R1 - P USMAN SERVED AND UNREPRESENTED) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34201 MFA No. 6091 of 2021 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.22.09.2021 PASSED IN MVC NO.1215/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, MACT, BELTHANGADY, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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.35,286/- 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 agony 25,000 2. attendant charges 400 3. Medical expenses 9,886 Total 35,286 - 3 - HC-KAR NC: 2026:KHC:34201 MFA No. 6091 of 2021 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.25,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.35,286/-. Thus, the claimant is held entitled to the total compensation of Rs.60,286/- as against Rs.35,286/-. However, no interest is awarded in respect of global compensation of Rs.25,000/-. 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.: 45