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2026 DAILYLAW 27825 (KAR)

JAYASHANKAR P v. THE MANAGER

MFA/646/2021 · 2026-07-09

Rajesh Rai K

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34847 MFA No. 646 of 2021 C/W MFA No. 578 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 646 OF 2021 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 578 OF 2021 (MV-I) IN MFA No. 646/2021 BETWEEN: JAYASHANKAR P S/O PUTTAMADA T AGE ABOUT 34 YEARS R/AT NO. 1ST STAGE ADARSHA NAGAR LINGANAPURA ROAD KOLLEGALA CHAMARAJANAGAR - 571440 …APPELLANT (BY SRI. NAIK KRISHNA VENKATARAMA, ADVOCATE) AND: 1. THE MANAGER UNITED INDIA INSURANCE CO LTD., BANGALORE BANCASSURANCE HUB, IFCI BHAVAN, NO.2 CUBBONPET MAIN ROAD Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34847 MFA No. 646 of 2021 C/W MFA No. 578 of 2021 N.R. SQUARE BENGALURU - 560 002 2. MR. JAYARAM C S/O SIDDANAYAKA MAJOR R/AT NO.12/02, HARSHA LAYOUT MUDDANA GARDEN, KENGERI BENGALORE-560 006 …RESPONDENTS (BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.03.2020 PASSED IN MVC NO. 1891/2018 ON THE FILE OF THE XIV ADDITIONAL SMALL CAUSES JUDGE AND ACMM AND MEMBER-MACT, BENGALURU (SCCH-10), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 578/2021 BETWEEN: RANJITH KUMAR RAJARAMAN S/O RAJARAMAN, AGED ABOUT 27 YEARS, R/AT NO 70, NORTH STREET, AMMANPETTAI, THIRUVAIYARU TALUK, RAJENDRAM THANJAVURU, VEDIAPURAM, TAMILNADU-613 205 ...APPELLANT (BY SRI. NAIK KRISHNA VENKATARAMAN, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:34847 MFA No. 646 of 2021 C/W MFA No. 578 of 2021 AND: 1. THE MANAGER UNITED INDIA INSURANCE CO LTD., BANGALORE BANCASSURANCE HUB, IFCI BHAVAN, NO.2, CUBBONPET MAIN ROAD, N.R SQUARE BANGALORE-560 002 2. MR. JAYARAM C S/O SIDDANAYAKA, MAJOR, R/O AT NO.12/02, HARSHA LAYOUT, MUDDANA GARDEN, KENGERI, BANGALORE-560 06 ...RESPONDENTS (BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.03.2020 PASSED IN MVC NO.1892/2018 ON THE FILE OF THE XIV ADDITIONAL SCJ AND ACMM AND MEMBER, MACT, BENGALURU SCCH-10, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 4 - HC-KAR NC: 2026:KHC:34847 MFA No. 646 of 2021 C/W MFA No. 578 of 2021 ORAL JUDGMENT IN MFA NO.646/2021: 1. The claimant, being dissatisfied with the compensation of Rs.3,32,263/- 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. Towards Disability 1,00,000 2. Towards Pain and suffering 40,000 3. Towards Loss of amenities 20,000 4. Towards Nourishment, conveyance and attendant charges 5,000 5. Towards Medical expenses 1,17,263 6. Towards Loss of income during laid up period & rest period 50,000 Total 3,32,263, - 5 - HC-KAR NC: 2026:KHC:34847 MFA No. 646 of 2021 C/W MFA No. 578 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.75,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.3,32,263/-. Thus, the claimant is held entitled to the total compensation of Rs.4,07,263/- as against Rs.3,32,263/-. However, no interest is awarded in respect of global compensation of Rs.75,000/-. 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. IN M.F.A.NO.578/2021: 1. The claimant, being dissatisfied with the compensation of Rs.3,67,741/- awarded by the Tribunal, is in appeal. - 6 - HC-KAR NC: 2026:KHC:34847 MFA No. 646 of 2021 C/W MFA No. 578 of 2021 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. Towards Disability 1,20,000 2. Towards Pain and suffering 50,000 3. Towards Loss of amenities 25,000 4. Towards Nourishment, conveyance and attendant charges 5,000 5. Towards Medical expenses 1,37,741 6. Towards Loss of income during laid up period & rest period 30,000 Total 3,67,741 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.50,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., - 7 - HC-KAR NC: 2026:KHC:34847 MFA No. 646 of 2021 C/W MFA No. 578 of 2021 Rs.3,67,741/-. Thus, the claimant is held entitled to the total compensation of Rs.4,17,741/- as against Rs.3,67,741/-. However, no interest is awarded in respect of global compensation of Rs.50,000/-. 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 CR List No.: 1 Sl No.: 35