Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010171332020 NC: 2026:KHC:36321 MFA No. 2689 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2689 OF 2021(MV-I) BETWEEN:
ARUNA S/O HANUMANTHAPPA, AGE 17 YEARS, MINOR, STUDENT, REPRESENTED BY HIS NATURAL GUARDIAN MOTHER UMADEVI W/O HANUMANTHAPPA, AGE 37 YEARS, R/O LOKADOLALU VILLAGE, HOLALKERE TALUK-577 526 …APPELLANT (BY SRI. R SHASHIDHARA, ADVOCATE) AND:
1.
ASHOKA G.R S/O RAMANA GOWDRA, MAJOR JAYANTH MOTORS, NEW HOLOND, TRACTOR SHOW ROOM, NH-4, MEDEHALLY ROAD, CHITRADURGA CITY 577501, OWNER OF VEHICLE BEARING NO KA-17/N 4072
2.
THE MANAGER, RELIANCE GENERAL INSURANCE CO.LTD NO 1, AND 2, 1ST FLOOR, MAGANUR COMPLEX, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
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HC-KAR CNR: KAHC010171332020 NC: 2026:KHC:36321 MFA No. 2689 of 2021 NEAR KSRTC BUS STAND,C CHITRADURGA-577 501 …RESPONDENTS (BY SRI. D. VIJAYA KUMAR, ADVOCATE FOR R2, VIDE ORDER DATED 28/10/2022, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED. 13.11.2019, PASSED IN MVC NO.114/2018, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., AND MACT, HOLALKERE, 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.59,018/- 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.
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HC-KAR CNR: KAHC010171332020 NC: 2026:KHC:36321 MFA No. 2689 of 2021
3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.)
1. Towards medical expenses 19,018
2. Towards pain and suffering 25,000
3. Towards loss of amenities and happiness and frustration of life 10,000
4. Towards conveyance, attendant, food, nourishment charges 5,000 Total 59,018
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 head, it would be just and appropriate to award additional compensation of Rs.50,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.59,018/-. Thus, the claimant is held entitled to the total compensation of Rs.1,09,018/- as against Rs.59,018/-. However, no interest sis awarded in respect of global compensation of Rs.50,000/-.
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HC-KAR CNR: KAHC010171332020 NC: 2026:KHC:36321 MFA No. 2689 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 CR List No.: 1 Sl No.: 30