- 1 - HC-KAR NC: 2026:KHC:34380 MFA No. 3943 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3943 OF 2021 (MV-I) BETWEEN: SRI. SUHAS NAIK S/O. DATTU NAIK, AGED ABOUT 42 YEARS R/O. SIRUR VILLAGE AND POST KUNDAPURA TALUK UDUPI DISTRICT. …APPELLANT (BY SRI. NAGARAJA H.R., ADVOCATE) AND: 1. SRI. ANAND SHETTY, S/O. NARAYAN SHETTY, AGE MAJOR, R/O. GAYADI MANE AARESIRUR, GOLIHOLE KUNDAPURA TALUK UDUPI DISTRICT. 2. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE: OPP. KSRTC DEPOT, NH-66, VADERAHOBLI KUNDAPURA, REP BY ITS BRANCH MANAGER. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34380 MFA No. 3943 of 2021 3. SRI. AASHIF KALU SAMAR, S/O. KURANI CHOWK, AGE MAJOR, R/O OPP. EESHABYA SHOP, GOVINDAPURA, JUNAGAD DISTRICT GUJARAT-362 265. 4. NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE: SHANKAR COMPLEX MASJID ROAD, UDUPI, REP BY ITS DIVISIONAL MANAGER. …RESPONDENTS (BY SRI.S.KRISHNA KISHORE, ADVOCATE FOR R-2; SRI.RAVISH BENNI, ADVOCATE FOR R-4; R-1 IS SD AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.10.2016 PASSED IN MVC NO.1156/2013 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, MMTC, UDUPI, (SITTING AT KUNDAPURA), KUNDAPURA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:34380 MFA No. 3943 of 2021 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.40,000/- 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: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 15,000 2. Loss of income during the laid up period 5,000 3. Medical expenses 5,000 4. Loss of future amenities and happiness 10,000 5. Conveyance, food, nourishment, attendant charges 5,000 6. Total 40,000 - 4 - HC-KAR NC: 2026:KHC:34380 MFA No. 3943 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.60,000/- as a global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.40,000/-. Thus, the claimant is held entitled to the total compensation of Rs.1,00,000/- as against Rs.40,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 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 GPG/List No.: 1 Sl No.: 4