- 1 - HC-KAR CNR: KAHC010419522021 NC: 2026:KHC:37193 MFA No. 5766 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5766 OF 2021(MV-I) BETWEEN: YOGESHA S/O BHOGAPPA AGED ABOUT 37 YEARS R/AT CHANNASOGE VILLAGE THATTEGERE POST HANAGODU HOBLI- 571 105 HUNSUR TQ MYSURU DISTRICT …APPELLANT (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1. MAHADEVA S/O SHIVANNEGOWDA AGED 32 YEARS R/AT GAVADIKERE VILLAGE HANAGODU HOBLI, HUNSUR TALUK MYSURU DISTRICT - 571 105 2. NAVEEN KUMAR S/O ERASHETTY MAJOR R/AT MALLEGOWDANAKOPPALU VILLAGE ABBATHURU POST, PERIYAPATANA TQ MYSURU DISTRICT - 571 107 3. THE MANAGER UNITED INDIA INSURANCE CO LTD Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010419522021 NC: 2026:KHC:37193 MFA No. 5766 of 2021 BALLAL CIRCLE NEW KANTHARAJA URS ROAD MYSURU-570 004 …RESPONDENTS (BY SRI. O. MAHESH, ADVOCATE FOR R3, VIDE ORDER DATED 01/12/2022, NOTICE TO R1 & R2 ARE DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.26.08.2021 PASSED IN MVC NO.692/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE, MEMBER, MACT, MYSURU, 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.1,36,090/- awarded by the Tribunal in MVC No.692/2019 dated 26.08.2021, 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: - 3 - HC-KAR CNR: KAHC010419522021 NC: 2026:KHC:37193 MFA No. 5766 of 2021 Sl. No. Particulars Amount in (Rs.) 1. Pain and suffering 50,000 2. Food and nourishment and attendant charges 4,000 3. Conveyance charges 3,000 4. Medical expenses 20,090 5. Loss of income during laid up period 22,000 6. Loss of amenities 25,000 7. Future medical expenses 12,000 Total 1,36,090 Rounded off to 1,36,100 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.1,36,100/-. Thus, the claimant is held entitled to the total compensation of Rs.1,86,100/- as against Rs.1,36,100/-. However, no interest is awarded in respect of global compensation of Rs.50,000/-. - 4 - HC-KAR CNR: KAHC010419522021 NC: 2026:KHC:37193 MFA No. 5766 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 HKV List No.: 1 Sl No.: 51