- 1 - HC-KAR CNR: KAHC010299312022 NC: 2026:KHC:38591 MFA No. 4765 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4765 OF 2022(MV-I) BETWEEN: ASHA @ ASHA G D/O GOPAL AGED ABOUT 24 YEARS R/AT NO.386, 4TH CROSS NEAR ANGALAPARAMESHWARI TEMPLE BELLANDUR, BENGALURU-560 103 …APPELLANT (BY SRI. JAGADEESH H.T, ADVOCATE) AND: 1. SRI SANTHOSH RATHOD S/O JEMU RATHOD MAJOR R/AT YALAGI THANDA SHORAPURA TALUK YADGIR DISTRICT-585 201 2. THE MANAGER IFKO TOKIO GENERAL INSURANCE COMPANY LTD REGIONAL OFFICE SRI SHANTHI TOWERS NO 141, 5TH FLOOR III MAIN Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010299312022 NC: 2026:KHC:38591 MFA No. 4765 of 2022 EAST TO NGEF LAYOUT KASTURI NAGAR BENGALURU-560 043 …RESPONDENTS (BY SRI. S. KRISHNA KISHORE, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.23.03.2022 PASSED IN MVC NO.6013/2019 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, (SCCH-16), 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.5,94,500/- 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 - HC-KAR CNR: KAHC010299312022 NC: 2026:KHC:38591 MFA No. 4765 of 2022 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings and loss of income during laid up period 92,000 2. Attendant charges, extra nutritious food and conveyance expenses 25,000 3. Medical expenses 95,004 4. Loss of future income due to permanent disability 3,02,400 5. Loss of future amenities and happiness 50,000 6. Future medical expenses 30,000 Total 5,94,404 Rounded off to 5,94,500 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., - 4 - HC-KAR CNR: KAHC010299312022 NC: 2026:KHC:38591 MFA No. 4765 of 2022 Rs.5,94,500/-. Thus, the claimant is held entitled to the total compensation of Rs.6,94,500/- as against Rs.5,94,500/- along with interest at the rate of 6% per annum from the date of petition till its realization excluding the compensation under the head of future medical expenses. 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.: 15