- 1 - HC-KAR CNR: KAHC010109022022 NC: 2026:KHC:40267 MFA No. 2216 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2216 OF 2022 (MV-I) BETWEEN: SMT.PRABHAVATHAMMA, W/O VENKATARAVANAPPA @ VENKATARAVANA, AGED ABOUT 48 YEARS RESIDING AT: BALTHAMARI, SRINIVASAPURA TALUK, KOLAR DISTRICT - 563 138. …APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND: 1. THE NEW INDIA ASSURANCE COMPANY LTD., T.P.HUB, 2ND FLOOR, MAHALAKSHMI CHAMBERS, NO.92, M.G.ROAD, BENGALURU - 560 001, BY ITS MANAGER. 2. MR.SYED KOLIMI ZAKEER HUSSAIN, S/O S.K.GAFOR SAHEB, MAJOR, (AGE R-2 NOT KNOWN TO APPELLANT) 2-30, KOTHAPETA, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010109022022 NC: 2026:KHC:40267 MFA No. 2216 of 2022 GURRAMKONDA CHITTOOR, ANDHRA PRADESH - 517 297. …RESPONDENTS (BY SRI.JAGADEESH G.S, AND SRI.GURUBASAPPA E.S., ADVOCATES FOR R-1; V/O/D 31.01.24 NOTICE TO R-2 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.15.11.2021 PASSED IN MVC NO.1155/2019 ON THE FILE OF THE XXI ACMM AND XXIII ADDITIONAL SMALL CAUSE JUDGE, MACT, BENGALURU, (SCCH-25). 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.26,250/- 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 - HC-KAR CNR: KAHC010109022022 NC: 2026:KHC:40267 MFA No. 2216 of 2022 3. The Tribunal, on assessment of evidence, has awarded total compensation of Rs.35,000/-with interest at 6% per annum. However the Tribunal held that the claimant contributed 25% negligence for the accident and hence she is entitled only to Rs.26,250/- (after deduction) with interest. 4. As could be gathered from records, the claimant was traveling with her husband in the vehicle at the time of accident. As such, no contributory negligence shall be attributed towards her. Accordingly, the finding that amount equal to 25% of contributory negligence shall be deducted from the claimant's compensation is set aside. 5. As regards the quantum of compensation, having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant and considering the evidence of PW.3-Doctor, 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.1,00,000/- as a global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.35,000/-. Thus, the claimant is held entitled to the total compensation of Rs.1,35,000/- as against - 4 - HC-KAR CNR: KAHC010109022022 NC: 2026:KHC:40267 MFA No. 2216 of 2022 Rs.35,000/- (excluding contributory negligence) along with interest at the rate of 6% per annum from the date of petition till its realization. 6. 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. 7. 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.: 15