- 1 - HC-KAR CNR: KAHC010409202021 NC: 2026:KHC:36854 MFA No. 5718 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5718 OF 2021(MV-I) BETWEEN: SRI AJITH KUMAR S/O ARJUN PRASAD SINGH AGED ABOUT 50 YEARS, R/AT NO.103 BUDY NO.8 1ST MAIN, BALAJI LAYOUT KODIGEHALLI EXTENSION BENGALURU-560 094 …APPELLANT (BY SRI. JEEVAN K, ADVOCATE) AND: 1. SRI GIRISH J C S/O CHANDRE GOWDA JAVENAHALLI VILLAGE SHANKARANAHALLI POST KATTAYA HOBLI, HASSAN TALUK HASSAN DISTRICT-573 128 2. NATIONAL INSURANCE COMPANY REGIONAL OFFICE, 2ND FLOOR SUBHARAM COMPLEX NO.144, M.G ROAD BENGALURU-560 001 …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010409202021 NC: 2026:KHC:36854 MFA No. 5718 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2020 PASSED IN MVC NO.369/2018 ON THE FILE OF THE X ADDITIONAL SMALL CAUSES JUDGE, C/C II ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU SCCH-13, 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.3,50,500/- awarded by the Tribunal vide judgment and award dated 06.11.2020 passed in MVC No.369 /2018, is in appeal. 2. The fact that the accident occurred and the further fact that the insurer is liable to pay the compensation as the offending vehicle is insured are not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 60,000 - 3 - HC-KAR CNR: KAHC010409202021 NC: 2026:KHC:36854 MFA No. 5718 of 2021 2. Attendant charges, extra nutritious food and conveyance expenses 7,000 3. Loss of income during laid up period 30,000 4. Medical expenses 93,348 5. Loss of future income due to permanent disability Nil 6. Physical disablement 80,000 7. Loss of future amenities and happiness 50,000 8. Future medical expenses 30,000 Total Rounded off to 3,50,348 3,50,500 4. Having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant, instead of enhancing the amount under each head, I deem it just and appropriate to award a sum of Rs.1,00,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.3,50,500/-. Thus, the claimant is held entitled to the total compensation of Rs.4,50,500/- as against Rs.3,50,500/-. However, no interest is awarded in respect of global compensation of Rs.1,00,000/-. - 4 - HC-KAR CNR: KAHC010409202021 NC: 2026:KHC:36854 MFA No. 5718 of 2021 5. The insurer 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 PKS List No.: 1 Sl No.: 42