Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010530412022 NC: 2026:KHC:39387 MFA No. 7782 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.7782 OF 2022(MV-I) BETWEEN:
SRI SURESH B S/O BOREGOWDA AGED ABOUT 48 YEARS BIDARAKERE VILLAGE NAGAMANGALA TALUK MANDYA DISTRICT …APPELLANT (BY SRI. KAILAS SHANKAR P.S, ADVOCATE) AND:
1. KRISHNEGOWDA S/O BOMEGOWDA SINCE DEAD LRS BY SUJATHA W/O LATE KRISHNE GOWDA AGED ABOUT 53 YEARS
2.
HEMANTH KUMAR S/O LATE KRISHNEGOWDA AGED ABOUT 32 YEARS R/AT JINENAHALLI VILLAGE HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
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HC-KAR CNR: KAHC010530412022 NC: 2026:KHC:39387 MFA No. 7782 of 2022
3.
THE MANAGER NATIONAL INSURANCE CO LTD NO 144, SHANKARANARAYANA BUILDNG M.G ROAD, BANGALORE-01 …RESPONDENTS (BY SRI. K. KISHORE KUMAR REDDY, ADVOCATE FOR R3, NOTICE TO R1 & R2 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.17.03.2022 PASSED IN MVC NO.5415/2018 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY, (SCCH-4), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR 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 global compensation of Rs.3,00,000/- awarded by the Tribunal vide
judgment and award dated 17.03.2022 passed in MVC No.5415/2018, 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.
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HC-KAR CNR: KAHC010530412022 NC: 2026:KHC:39387 MFA No. 7782 of 2022
3. The Tribunal, on assessment of evidence both oral and documentary, has awarded a sum of Rs.3,00,000/- as global compensation.
4. Having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant, I deem it just and appropriate to award a sum of Rs.1,00,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.3,00,000/-. Thus, the claimant is held entitled to the total compensation of Rs.4,00,000/- as against Rs.3,00,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization.
5. The insurer is directed to deposit the amount of 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