- 1 - HC-KAR NC: 2026:KHC:34781 MFA No. 4880 of 2020 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.4880 OF 2020(MV-I) BETWEEN: SRI. KESHAVA SHETTY S/O ANNAPPA SHETTY AGED ABOUT 62 YEARS R/O GANDHI NAGAR KOTESHWARA POST KUNDAPURA TALUK. …APPELLANT (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND: 1. SRI NETHAJI ANAND GAYAKWAD S/O ANAND GAYAKWAD AGED ABOUT 38 YEARS R/O ROOM NO.401, 'G' WING, MILIND SOCIETY, FLAT NO.27/28/29 SECTION-06, KAMAKOTHI PANVEL TALUK RAYAGHAD DISTRICT MAHARASHTRA. 2. SBI GENERAL INSURANCE CO. LTD., BRANCH OFFICE: NATRAJ, 101, 201 & 301, JUNCTION OF WESTERN EXPRESS HIGHWAY ANDHERI-KURLA ROAD ANDHERI(E) MUMBAI-400 069. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34781 MFA No. 4880 of 2020 REP BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, VIDE ORDER DATED 28/06/2022, NOTICE TO R1 IS HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.01.2019 PASSED IN MVC NO. 908/2017 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA) KUNDAPURA, 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.94,000/- 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. Injury, pain and sufferings 30,000 - 3 - HC-KAR NC: 2026:KHC:34781 MFA No. 4880 of 2020 2. Medical expenses 55,648 3. Loss of income for laid period 1,200 4. Conveyance, nourishment and attendant charges 7,000 Total 93,848 Rounded off to 94,000 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.40,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.94,000/-. Thus, the claimant is held entitled to the total compensation of Rs.1,34,000/- as against Rs.94,000/-. However, no interest is awarded in respect of global compensation of Rs.40,000/-. 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. - 4 - HC-KAR NC: 2026:KHC:34781 MFA No. 4880 of 2020 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.: 34