Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:35845 MFA No. 7088 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7088 OF 202 (MV-I) BETWEEN:
ABHISHEK S/O RAMACHANDRA AGED ABOUT 24 YEARS OCCUPATION. COOLIE R/O HULIKAL, NIDAGODI VILLAGE NAGARA HOBLI HOSANAGARA TALUK SHIVAMOGGA DISTRICT …APPELLANT (BY SRI. HARISH KUMAR M.S, ADVOCATE) AND:
1.
SANJU G.S S/O SHIVARUDRAPPA AGED ABOUT 27 YEARS OCCUPATION. DRIVER R/O PANDOMATTI VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT (DRIVER CUM OWNER O THE TIPPER BEARING REGISTRATION NO.KA-17/D-1315 D.L.KA.17 20110019884 VALID FROM 12-02-2018 TO 11-02-2021)
2.
THE DIVISIONAL MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:35845 MFA No. 7088 of 2022 NO.28, 15TH FLOOR POORVA VALAYA (EAST WING) CENTINARY BUILDING M.G ROAD, BENGALURU (POLICY NO. 605921723340000529 VALID NO.
23.10.2017 TO 22.10.2018) …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, R1 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 19.03.2022 PASSED IN MVC NO.539/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, HOSANAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR 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.12,60,000/- 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.
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HC-KAR NC: 2026:KHC:35845 MFA No. 7088 of 2022
3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.)
1. Towards pain, shock and sufferings along with discomfort and inconvenience 2,00,000
2. Towards medical expenses 3,40,000
3. Towards future medical expenses 35,000
4. Towards food, nourishment, attendant, conveyance 68,000
5. Loss of earning during convalescent period 25,000
6. Towards loss of amenities 50,000
7. Towards permanent disability 5,40,000 Total 12,58,000 Rounded off to 12,60,000
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.25,000/- as global compensation, in
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HC-KAR NC: 2026:KHC:35845 MFA No. 7088 of 2022 addition to what has been awarded by the Tribunal i.e., Rs.12,60,000/-. Thus, the claimant is held entitled to the total compensation of Rs.12,85,000/- as against Rs.12,60,000/-. 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 CR List No.: 1 Sl No.: 29