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2026 DAILYLAW 31371 (KAR)

SIDDALINGAIAH M v. SHIVARAJ S

MFA/8145/2022 · 2026-07-24

Rajesh Rai K

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010555992022 NC: 2026:KHC:38561 MFA No. 8145 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.8145 OF 2022(MV-I) BETWEEN: SIDDALINGAIAH M S/O LATE UJJAPPAYYA, AGED ABOUT 70 YEARS, AGRICULTURIST, R/O DOOR NO.779/81, 3RD CROSS, BESIDE PANCHAMUKHI ANJANEYA TEMPLE, SARASWATHI NAGAR, A BLOCK, DAVANAGERE-577 001. …APPELLANT (BY SRI. R SHASHIDHARA, ADVOCATE) AND: 1. SHIVARAJ S S/O SIDDAPPA, AGED 31 YEARS, DRIVER OF KA-17/B-2916 STRMS BUS, R/O CHIKKAKODALI VILLAGE, SHIVAMOGGA TALUK AND DISTRICT, PIN 577 201. 2. SUCHETA M JADAV W/O MARUTHI RAO, OWNER OF KA-17/B-2916 STRMS BUS, R/O DOOR NO.245/1, SHIVAJI NAGAR, BARMOJI GALLI, DAVANAGERE-577 001. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010555992022 NC: 2026:KHC:38561 MFA No. 8145 of 2022 3. THE MANAGER CHOLAMANDALAM M S GENERAL INSURANCE CO.LTD., BRANCH OFFICE, DESAI CROSS, HUBBALLI-580 020. …RESPONDENTS (BY SRI. H.S. LINGARAJ, ADVOCATE FOR R3, NOTICE TO R1 AND R2 ARE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.09.2022 PASSED IN MVC NO. 14/2019 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, 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.2,18,800/- awarded by the Tribunal in MVC No.14/2019 dated 26.09.2022, is in appeal. 2. The fact that the incident occurred and the further fact that the bus which was involved in the incident was insured with respondent No.3 are not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: - 3 - HC-KAR CNR: KAHC010555992022 NC: 2026:KHC:38561 MFA No. 8145 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Towards pain and sufferings 20,000 2. Towards medical expenses 66,200 3. Towards diet, food, nourishment, attendant and conveyance charges 40,000 4. Towards loss of future earning capacity 39,600 5. Loss of income during laid up period 33,000 6. Towards loss of amenities 20,000 TOTAL 2,18,800 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.2,18,800/-. Thus, the claimant is held entitled to the total compensation of Rs.2,68,800/-. However, the enhanced compensation shall carry interest at the 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. - 4 - HC-KAR CNR: KAHC010555992022 NC: 2026:KHC:38561 MFA No. 8145 of 2022 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.: 26