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2026 DAILYLAW 31153 (KAR)

MASTER JASIM SHARIF v. SRI.BASKAR ACHARI

MFA/4066/2022 · 2026-07-24

Rajesh Rai K

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010241792022 NC: 2026:KHC:38596 MFA No. 4066 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.4066 OF 2022(MV-I) BETWEEN: MASTER JASIM SHARIF S/O JAMSHEED SHARIF AGED ABOUT 13 YEARS SINCE APPELLANT IS MINOR HE IS REPRESENTED BY HIS FATHER GUARDIAN SRI. JAMSHEED SHARIF, S/O LATE KHADAR AGED ABOUT 41 YEARS, R/O SANTHOSH NAGAR HEMMADI VILLAGE, KUNDAPURA TALUK UDUPI DISTRICT …APPELLANT (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND: 1. SRI.BASKAR ACHARI S/O SHEENA ACHARI R/O HAREGODU KATBELTHUR VILLAGE KUNDAPURA TALUK UDUPI DISTRICT Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010241792022 NC: 2026:KHC:38596 MFA No. 4066 of 2022 2. NATIONAL INSURANCE CO. LTD., BRANCH OFFICE KUNDAPURA 1ST FLOOR, SRI. SAI CENTER YADTHARE MANJAYYA SHETTY ROAD, KUNDAPURA REP. BY ITS BRANCH MANAGER …RESPONDENTS (BY SMT. GOWHARUNNISA, ADVOCATE FOR R2, NOTICE TO R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.02.2021 PASSED IN MVC NO. 377/2017 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI SITTING AT KUNDAPURA, KUNDAPURA, 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 - 3 - HC-KAR CNR: KAHC010241792022 NC: 2026:KHC:38596 MFA No. 4066 of 2022 ORAL JUDGMENT 1. The claimant, being dissatisfied with the global compensation of Rs.30,000/- 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 global compensation of Rs.30,000/-. 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.20,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.30,000/-. Thus, the claimant is held entitled to the total compensation of Rs.50,000/- as against Rs.30,000/-. However, no interest is awarded in respect of global compensation of Rs.20,000/-. - 4 - HC-KAR CNR: KAHC010241792022 NC: 2026:KHC:38596 MFA No. 4066 of 2022 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.: 14