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2026 DAILYLAW 31334 (KAR)

A S IRFAN v. SUBRAMANI T S

MFA/8318/2022 · 2026-07-27

Rajesh Rai K

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010567672022 NC: 2026:KHC:38825 MFA No. 8318 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.8318 OF 2022(MV-I) BETWEEN: A S IRFAN S/O ABDUL SUBAN AGED 30 YEA RS R/AT BAGEPALLI TALUK PATHAPALYA CHIKKABALLAPURA DISTRICT 561212 …APPELLANT (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: 1. SUBRAMANI T S MAJOR S/O SRI RAMAPPA NO.69, THOLAPALLI VILLAGE AND POST BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT-561 212 2. M/S CHOLA MS GENERAL INSURANCE CO LTD REPRESENTED BY ITS MANAGER UNIT 4, 9TH FOOR (LEVEL-06), 59TH ' C' CROSS, INDUSTRIAL SUBURB RAJAJINAGAR, BENGALURU …RESPONDENTS (BY SRI. B. PRADEEP, 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 DATED 03.03.2022 PASSED IN MVC NO.6889/2019 ON THE FILE OF THE VIII ADDITIONAL SCJ AND ACMM, MEMBER MACT, BENGALURU, SCCH-5, PARTLY Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010567672022 NC: 2026:KHC:38825 MFA No. 8318 of 2022 ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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.6,41,596/- awarded by the Tribunal in MVC No.6889/2019 dated 03.03.2022, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured are not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and suffering 50,000 2. Conveyance, nourishment and attendant charges 1,00,000 3. Medical expenses 3,91,596 4. Loss of amenities in life 50,000 5. Future medical expenses 50,000 TOTAL 6,41,596 4. Having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant, I deem it - 3 - HC-KAR CNR: KAHC010567672022 NC: 2026:KHC:38825 MFA No. 8318 of 2022 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.6,41,596/-. Thus, the claimant is held entitled to the total compensation of Rs.7,41,596/-. However, the enhanced compensation of Rs.1,00,000/- shall carry interest at the rate of 6% per annum from the date of petition till its realization. 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.: 24