- 1 - HC-KAR CNR: KAHC010224922022 NC: 2026:KHC:38500 MFA No. 3881 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3881 OF 2022(MV-I) BETWEEN: MASTER NOMAN AGED ABOUT 11 YEARS S/O MUNNA REPRESENTED BY FATHER NATURAL GUARDIAN MUNNA AGED ABOUT 40 YEARS, S/O KASIM SAB OCC: PLUMBER R/O RAMINAKOPPA VILLAGE HOSAHALLI POST, SHIVAMOGGA TALUK & DISTRICT …APPELLANT (BY SRI. CHIDAMBARA G.S, ADVOCATE) AND: 1. H L DHARMA NAIKA AGED ABOUT 58 YEARS S/O LACHAS NAIKA AGRICULTURIST OWNER O TATA ACE KA/14/B-1378 R/O BILAKI THANDA DADAMAGHATTA POST BHADRAVATHI TALUK SHIVAMOGGA DISTRICT Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010224922022 NC: 2026:KHC:38500 MFA No. 3881 of 2022 2. SANTHOSH H.D AGED ABOUT 31 YEARS, S/O DHARMA NAIKA DRIVER OF TATA ACE, R/O BILAKI THANDA DADAMAGHATTA POST, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT 3. THE NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, MALLAPPA COMPLEX 1ST FLOOR, B.H ROAD, SHIVAMOGGA CITY-577 201 …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R3, NOTICE TO R1 AND R2 ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.02.2022 PASSED IN MVC NO. 1234/2014 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, C.J.M. AND ADDITIONAL M.A.C.T.-VII, SHIVAMOGGA, 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 compensation of Rs.2,03,287/- awarded by the Tribunal vide judgment and - 3 - HC-KAR CNR: KAHC010224922022 NC: 2026:KHC:38500 MFA No. 3881 of 2022 award dated 15.02.2022 passed in MVC No.1234/2014, is in appeal. 2. The fact that the accident occurred and the further fact that the insurer is liable to pay the compensation as the offending vehicle is insured are not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums: Sl. No. Particulars Amount in (Rs.) 1. Loss of future income 27,000 2. Pain and sufferings 30,000 3. Towards attendant charges, transportation and misc expenses 40,000 4. Loss of amenities and nutritious food 15,000 4. Medical expenses 91,287 Total 2,03,287 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 - 4 - HC-KAR CNR: KAHC010224922022 NC: 2026:KHC:38500 MFA No. 3881 of 2022 head, it would be just and appropriate to award additional compensation of Rs.2,00,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.2,03,287/-. Thus, the claimant is held entitled to the total compensation of Rs.4,03,287/- as against Rs.2,03,287/- along with interest at the rate of 6% p.a. from the date of petition till its realisation. 5. The insurer 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 PKS List No.: 1 Sl No.: 43