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2026 DAILYLAW 286 (KAR)

SRI. MANJAIAH JAIN v. SRI. RAVI

MFA/3072/2025 · 2026-02-23

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11093 MFA No. 3072 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3072 OF 2025 (MV-I) BETWEEN: SRI. MANJAIAH JAIN S/O. PAYAPPA, AGED ABOUT 65 YEARS, R/AT. MARABIDI, BHARANGI HOBLI, SAGAR TALUK. …APPELLANT (BY SRI. RANGEGOWDA N R.,ADVOCATE) AND: 1. SRI. RAVI S/O. CHINTAMANI, AGED ABOUT 48 YEARS, R/AT. ATTIGODU, SAGAR TALUK. 2. THE BRANCH MANAGER, THE UNITED INDIA INSURANCE CO LTD., R/AT. P B NO.88, RUB BUILDING, B.H. ROAD, A.A.CIRCLE, SHIVAMOGGA. …RESPONDENTS (BY SRI. RAVISH BENNI, ADV. FOR R.2 NOTICE TO R.1 DISPENSED WITH VCO DT 13.11.2025) MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.11.12.2023 PASSED IN MVC NO.199/2022 ON THE FILE OF THE V ADDITIONAL DISTRICT Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:11093 MFA No. 3072 of 2025 AND SESSIONS JUDGE AND ADDITIONAL MACT, SHIVAMOGGA, SITTING AT SAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for both sides are present. 2. Heard the arguments of both sides. 3. This appeal is filed against the judgment and award dated 11.12.2023 passed in MVC No.199/2022 by the V Addl District & Sessions Judge & Addl., MACT, Shivamogga sitting at Sagar. 4. One Manjaiah Jain, aged about 62 years, met with an accident on 16.05.2021 and filed a claim petition claiming compensation of Rs.17,35,000/- with interest. The Tribunal, considering the entire evidence on record, granted the global compensation of Rs.20,000/- and medical expenses of Rs.50,000/- with interest at the rate of 6% per annum from the date of petition till realization. - 3 - HC-KAR NC: 2026:KHC:11093 MFA No. 3072 of 2025 5. Aggrieved by the said order, this appeal is preferred by the appellant-claimant in which it is mainly contended that the Tribunal has not granted any amount towards other heads and the meagre compensation was granted. Hence, requested for enhancement of compensation. 6. As per the medical evidence at Ex.P4/wound certificate, he has sustained 3 injuries which are simple in nature. As per Ex.P13 the claimant had suffered head injury with right frontal/left temporal contusion and he was also suffering from covid Pneumonia. Though he produced medical bills amounting to Rs.5,33,731/- as per Ex.P10, Tribunal has granted only Rs.50,000/- towards medical expenses. 7. Considering the fact that he had sustained head injury, it is reasonable to grant an amount of Rs.10,000/- towards pain and suffering and loss of amenities and Rs.10,000/- for transportation and extra nourishment. The Tribunal granted Rs.50,000/- for medical expenses as per the relevant documents and it needs no interference. Considering the nature of injuries, period of hospitalization and the other relevant factors, this Court finds it reasonable to enhance the - 4 - HC-KAR NC: 2026:KHC:11093 MFA No. 3072 of 2025 compensation from Rs.70,000/- to Rs.90,000/-. Thus, in all, the claimant is entitled for the total compensation of Rs.90,000/- with interest at 6% per annum as against Rs.70,000/- awarded by the Tribunal. 8. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The Claimant is entitled for the total compensation of Rs.90,000/- with interest at 6% per annum from the date of petition till the date of realization. iii) Respondent No.2/Insurance company has already deposited the award amount before the Tribunal and therefore, they are directed to deposit the enhanced amount of Rs.20,000/- with interest at 6% per annum within one month from the date of this order. iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. v) In view of the order dated 13.11.2025 passed on I.A.No.1/2025, the claimant is not entitled for - 5 - HC-KAR NC: 2026:KHC:11093 MFA No. 3072 of 2025 interest for the delayed period of 396 days in filing the appeal. Sd/- (P SREE SUDHA) JUDGE AKC List No.: 1 Sl No.: 106