Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010513822022 NC: 2026:KHC:36616 MFA No. 7643 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 7643 OF 2022 (MV-I) BETWEEN:
SRI LAKKI SUBBARAYUDU S/O LATE LAKKI SUBBANNA AGED ABOUT 63 YEARS R/AT: NO.89, 3RD CROSS, S V LAYOUT, AYYAPPANAGAR, K R PURAM, BANGALORE - 36, AND ALSO AT: GALLAVANDLAPALLI VILLAGE, ANNALUR, MYDUKUR MANDAL, KADAPA DISTRICT, ANDHRAPRADESH - 516 172 …APPELLANT (BY SRI. B.C. THIPPESWAMY, ADVOCATE) AND:
1.
BANDI RAFEEQ BASHA S/O BANDI GHOUSE, R/AT: NO.7/435, SRINIVASANAGAR, PRODDATUR, KADAPA - 516 360, ANDHRAPRADESH Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
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HC-KAR CNR: KAHC010513822022 NC: 2026:KHC:36616 MFA No. 7643 of 2022 (OWNER OF THE VEHICLE BEARING NO.AP-15-AA-7777)
2.
THE DIVISIONAL MANAGER, T P HUB, THE UNITED INDIA INSURANCE CO. LTD., 6TH FLOOR, KRISHI BHAVAN, HUDSON CIRCLE, NRUPATHUGNA ROAD, BANGALORE.
(POLICY NO.30509013118P107608359 VALID FROM 12-09-2018 TO 11-09-2019) …RESPONDENTS (BY SRI. Y P VENKATAPATHI, ADVOCATE FOR R2 R1 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 13.01.2022 PASSED IN MVC NO.3454/2019 ON THE FILE OF THE 12TH ADDITIONAL JUDGE AND ACMM, BENGALURU SCCH-8, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION
THIS MFA, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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HC-KAR CNR: KAHC010513822022 NC: 2026:KHC:36616 MFA No. 7643 of 2022
CORAM:
HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT
1. The claimant, being dissatisfied with the compensation of Rs.6,48,234/- 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. Loss of future income Nil
2. Pain and suffering 50,000
3. Medical expenses 4,68,234
4. Loss of amenities 25,000
5. Loss of income during laid up period 50,000
6. Food, nourishment and travel expenses 30,000
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HC-KAR CNR: KAHC010513822022 NC: 2026:KHC:36616 MFA No. 7643 of 2022
7. Future medical expenses 25,000 Total 6,48,234
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.1,00,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.6,48,234/-. Thus, the claimant is held entitled to the total compensation of Rs.7,48,234/- as against Rs.6,48,234/-. However, no interest is awarded in respect of global compensation of Rs.1,00,000/-.
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 and as directed by the Tribunal, the same shall be recovered from the owner of the offending vehicle.
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HC-KAR CNR: KAHC010513822022 NC: 2026:KHC:36616 MFA No. 7643 of 2022
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.: 27