Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:33994 MFA No. 2065 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2065 OF 2020(MV-I) BETWEEN:
SMT. BHAGYA P., WIFE OF SRNIVASA B. V.
AGED ABOUT 40 YEARS, RESIDING AT NO.180/19 11TH CROSS, MAHALAKSHMIPURAM, MAHALAKSHMI LAYOUT, BENGALURU-560 086. …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND:
THE MANAGING DIRECTOR KSRTC DEPOT BENGALURU CENTRAL OFFICE, K H ROAD, SHANTHINAGAR BENGALURU-560027. …RESPONDENT (BY SRI. F.S. DABALI, ADVOCATE)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 27.10.2018 PASSED IN MVC NO.6634/2017 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-16), 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: Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:33994 MFA No. 2065 of 2020
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT
The claimant, being dissatisfied with the compensation of Rs.3,13,000/- 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. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.)
1. Pain and sufferings 30,000-00
2. Attendant charges, extra nutritious food and conveyance expenses 5,000-00
3. Loss of income during laid up period 27,000-00
4. Medical expenses 43,908-00
5. Loss of future income due to permanent disability 1,62,000-00
6. Loss of future amenities and happiness 25,000-00
7. Future medical expenses 20,000-00 Total 3,12,908-00 Rounded off to 3,13,000-00
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HC-KAR NC: 2026:KHC:33994 MFA No. 2065 of 2020
4. Having regard to the nature, gravity and lasting effects of the injuries suffered by the claimant, I deem it appropriate to enhance a sum of Rs.50,000/- towards 'pain and sufferings' as against Rs.30,000/- awarded by the Tribunal, Rs.33,000/- towards 'loss of income during the laid up period' as against Rs.27,000/- awarded by the Tribunal, Rs.2,57,400/- towards 'loss of future income' as against Rs.1,62,000/- awarded by the Tribunal, Rs.30,000/- towards 'loss of amenities', as against Rs.25,000/- awarded by the Tribunal and a sum of Rs.30,000/- towards 'future medical expenses' as against Rs.20,000/-. 5. The sums awarded under the remaining heads remain unaltered. 6. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No . Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.)
1. Pain and sufferings 30,000-00 50,000-00
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HC-KAR NC: 2026:KHC:33994 MFA No. 2065 of 2020
2. Attendant charges, extra nutritious food and conveyance expenses 5,000-00 5,000-00
3. Loss of income during laid up period 27,000-00 33,000-00
4. Medical expenses 43,908-00 43,908-00
5. Loss of future income due to permanent disability 1,62,000-00 2,57,400-00
6. Loss of future amenities and happiness 25,000-00 30,000-00
7. Future medical expense 20,000-00 30,000-00 Total 3,12,908-00 4,49,308-00 Rounded off to 3,13,000-00
7. Thus, the claimant is held entitled to the total compensation of Rs.4,49,308/- as against Rs.3,13,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 8.
The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE DS/CT:TSM/List No.: 1 Sl No.: 13