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2026 DAILYLAW 31442 (KAR)

S B PARASIVAMURTHY v. LOKESHA

MFA/5868/2022 · 2026-07-16

Rajesh Rai K

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010380102022 NC: 2026:KHC:36534 MFA No. 5868 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5868 OF 2022 (MV-I) BETWEEN: S.B.PARASIVAMURTHY, S/O LATE S.N.BASAVARAJAPPA, AGED ABOUT 47 YEARS, R/O SIDDAPURA VILLAGE, SARAGURU HOBLI, H.D. KOTE TALUK, MYSURU DISTRICT 57114 PRESENTLY R/AT: NO.7380 THAMUS LAYOUT, KHB COLONY, NANJANGUD TOWN, MYSURU DISTICT 571301. …APPELLANT (BY SRI. MANJUNATH N.D., ADVOCATE) AND: 1. LOKESHA, S/O LATE RAGHAVENDRA, AGED ABOUT 29 YEARS, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010380102022 NC: 2026:KHC:36534 MFA No. 5868 of 2022 R/O SUTTURU VILLAGE, BILIGERE HOBLI, NANJANGUD TALUK, MYSURU DISTRICT 571301. 2. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE NO.42/1 CHANDRA COMPLEX, FIRST FLOOR, KALIDASA ROAD, V.V.MOHALLA, MYSURU 570002. …RESPONDENTS (BY SRI.P.B.RAJU, ADVOCATE FOR R-2; NOTICE TO R-1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.03.2021 PASSED IN MVC NO.817/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, NANJANGUD. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010380102022 NC: 2026:KHC:36534 MFA No. 5868 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.62,539- 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 total compensation of Rs.62,539/- with interest at 6% per annum. 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 heads, it would be just and appropriate to award additional compensation of Rs.40,000/- as a global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.62,539/-. Thus, the claimant is held entitled to the total compensation of Rs.1,02,539/- as against Rs.62,539/-. - 4 - HC-KAR CNR: KAHC010380102022 NC: 2026:KHC:36534 MFA No. 5868 of 2022 However, no interest is awarded in respect of global compensation of Rs.40,000/-. 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 GPG List No.: 1 Sl No.: 10