Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010132942020 NC: 2026:KHC:42651 MFA No. 4386 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 4386 OF 2020 (MV- DM) BETWEEN:
DEVIPRASAD SHETTY AGE ABOUT 39 YEARS R/O DIVAKARA SHETTY R/AT 16-186, SHREE RAKSHA NEAR TELEPHONE EXCHANGE SHIRVA POST AND VILLAGE UDUPI TALUK - 574 116 …APPELLANT (BY SRI. PAVANA CHANDRA SHETTY H, ADVOCATE) AND:
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SURAJ RAI K AGE ABOUT 42 YEARS S/O DASAPPA RAI R/AT KOVEKODI HOUSE SURIKUMERU POST, BANTWAL TALUK PIN CODE-574 211
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THE BRANCH MANAGER RELIANCE GENERAL INSURANCE CO.LTD MANGALORE BRANCH MAXIMUS COMMERCIAL COMPLEX 4TH FLOOR, LIGHT HOUSE HILL ROAD HAMPANAKATTE, MANGALORE-575 001 …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2, VIDE ORDER DATED 12.12.2022, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
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HC-KAR CNR: KAHC010132942020 NC: 2026:KHC:42651 MFA No. 4386 of 2020
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 28.03.2018 PASSED IN MVC NO. 558/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, KARKALA, 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.4,93,515/- awarded by the Tribunal vide judgment and award dated 28.03.2018 passed in MVC No.558/2017, is in appeal.
2. The fact that the accident occurred and the further fact that the insurer is liable to pay the compensation as the offending vehicle is insured are not in dispute.
3. The Tribunal, on assessment of evidence, has awarded Rs.4,93,515/- under various heads along with interest at 8% p.a. from the date of petition till its realization.
4. Having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant, I deem it just and appropriate, instead of enhancing the compensation under
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HC-KAR CNR: KAHC010132942020 NC: 2026:KHC:42651 MFA No. 4386 of 2020 different heads, to award a sum of Rs.50,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.4,93,515/-. Thus, the claimant is held entitled to the total compensation of Rs.5,43,515/- as against Rs.4,93,515/-. However, no interest is awarded in respect of global compensation of Rs.50,000/-.
5. The insurer 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 PKS List No.: 1 Sl No.: 27