- 1 - HC-KAR NC: 2026:KHC:35057 MFA No. 772 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.772 OF 2021 (MV-I) BETWEEN: NARASIMHA POOJARY, AGED ABOUT 63 YEARS, S/O. LATE NARAYANA POOJARY, R/O. MAKKIMANE, KARKALA VILLAGE, UDUPI TALUK AND DISTRICT-576101. …APPELLANT (BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE) AND: 1. KRISHNAPPA AGED ABOUT 54 YEARS, S/O LATE CHENNAPPA, R/O VARTHUR, THAVAREKERE HOBALI, MAGADI ROAD, BENGALURU RURAL DISTRICT-560001. 2. CHETHAN, AGEDA BOUT 26 YEARS, S/O. NANJUNDA GOWDA, R/O. KALE GOWDANA KOPPALU, THALALURU POST, ARASIKERE TALUK, HASSAN DISTRICT-573201. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35057 MFA No. 772 of 2021 3. RELIANCE INSURANCE CO.LTD., UDUPI, 1-17-B, OPP HEAD POST OFFICE UDUPI - 576101 REP BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. D. VIJAY KUMAR, ADVOCATE FOR R3; NOTICE TO R1 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.02.2020 PASSED IN MVC NO.559/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA. 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.2,57,268/- 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 - HC-KAR NC: 2026:KHC:35057 MFA No. 772 of 2021 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of income due to disability 42,000 2. Towards pain and suffering 1,00,000 3. Towards medical expenses 70,268 4. Towards conveyance, diet and attendant charges 15,000 5. Towards loss of income during laid up period 30,000 Total 2,57,268 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 heads, it would be just and appropriate to award additional compensation of Rs.40,000/- as a global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.2,57,268/-. Thus, the claimant is held entitled to the total compensation of Rs.2,97,268/- as against Rs.2,57,268/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 4 - HC-KAR NC: 2026:KHC:35057 MFA No. 772 of 2021 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.: 3