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2026 DAILYLAW 32325 (KAR)

SMT PUTTAYALLAMMA v. SRI MUNIYAPPA

MFA/7266/2022 · 2026-07-29

Rajesh Rai K

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010489672022 NC: 2026:KHC:39724 MFA No. 7266 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7266 OF 2022(MV-I) BETWEEN: SMT PUTTAYALLAMMA W/O PUTTASWAMY D M NOW AGED ABOUT 35 YEARS RESIDING AT DEVARAYAPATTANA AT AND POST, TUMAKURU CITY …APPELLANT (BY SRI. SUSHMITHA G, ADVOCATE) AND: 1. SRI MUNIYAPPA S/O NARASIMHAIAH AGED ABOUT 55 YEARS EX-CORPORATER, RESIDING AT DEVARAYAPATTANA @ POST TUMAKURU CITY, PINCODE-572 104 2. THE MANAGER NITED INDIA INSURANCE CO LTD BRANCH OFFICE P.B NO.54, UPSTAIRS JAYADEVA COMPLEX B H ROAD, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010489672022 NC: 2026:KHC:39724 MFA No. 7266 of 2022 TUMAKURU CITY PINCODE-572 103 …RESPONDENTS (BY SMT. MANJULA N TEJASWI, ADVOCATE FOR R2, VIDE ORDER DATED 09/01/2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.12.2021 PASSED IN MVC NO. 951/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER 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.74,000/- 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 following sums as compensation: - 3 - HC-KAR CNR: KAHC010489672022 NC: 2026:KHC:39724 MFA No. 7266 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Expenditure for treatment 22,000 2. Loss of income during laid up period 7,000 3. Loss of future income NIL 4. Future medical expenditure 25,000 5. Pain and suffering 20,000 Total 74,000 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.75,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.74,000/-. Thus, the claimant is held entitled to the total compensation of Rs.1,49,000/- as against Rs.75,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 4 - HC-KAR CNR: KAHC010489672022 NC: 2026:KHC:39724 MFA No. 7266 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