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2026 DAILYLAW 29354 (KAR)

THEJASHWINI C v. K M VINAYAK

MFA/5715/2021 · 2026-07-17

Rajesh Rai K

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010409022021 NC: 2026:KHC:36849 MFA No. 5715 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.5715 OF 2021(MV-I) BETWEEN: THEJASHWINI C D/O LATE CHIDANANDA @ CHIDANANDAIAH AGED ABOUT 19 YEARS, R/AT HADAVANAHALLI VILLAGE DANDINASHIVARA HOBLI TURUVEKERE TALUK-572 227 TUMKUR DISRICT …APPELLANT (BY SRI. GURUDEV PRASAD K.T, ADVOCATE) AND: 1. K.M VINAYAK S/O MALLIKARJUNA PRASANNA R/AT B.C.C. PRESIDENT N.H.206 BIRUR-577 116 CHIKKAMAGALURU DISTRICT 2. UNIVERSAL SOMPO GENERAL INSURANCE CO.LTD., BRANCH OFFICE NO.165-163-152/85 1ST FLOOR, MARUTHI RICE MILL BUILDING B.H ROAD, SHIMOGGA -577 201 …RESPONDENTS (BY SRI. S.V. HEGDE, MULKHAND, ADVOCATE FOR R2, R1 IS SERVED AND UNREPRESENTED) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010409022021 NC: 2026:KHC:36849 MFA No. 5715 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.10.2018 PASSED IN MVC NO.21/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, TURUVEKERE, 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 global compensation of Rs.2,00,000/- awarded by the Tribunal vide judgment and award dated 25.10.2018 passed in MVC. No.21/2015, 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 global compensation of Rs.2,00,000/-. 4. Having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant, I deem it just and appropriate to award additional compensation of - 3 - HC-KAR CNR: KAHC010409022021 NC: 2026:KHC:36849 MFA No. 5715 of 2021 Rs.1,00,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.2,00,000/-. Thus, the claimant is held entitled to the total compensation of Rs.3,00,000/- as against Rs.2,00,000/-. However, no interest is awarded in respect of global compensation of Rs.1,00,000/-. 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.: 41