Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010436092022 NC: 2026:KHC:40268 MFA No. 6587 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.6587 OF 2022 (MV-I) BETWEEN:
SRI. SANTOSH KUMAR S/O LT VENKATARAJU AGED ABOUT 29 YEARS R/O. MADDAKKANAHALLI, SIRA TALUK - 572 139.
TUMAKURU DISTRICT. …APPELLANT (BY SRI. V.B.SIDDARAMAIAH, ADVOCATE) AND:
THE MANAGING DIRECTOR KSRTC, BENGALURU MANDYA DIVISION, MANDYA DEPOT, MANDYA 571 401.
SERVICE ADDRESS :
THE DEPOT MANAGER, KSRTC BUS STAND, TUMAKURU DIVISION, TUMAKURU 572 101. …RESPONDENT (BY SRI. NAGARAJA K., ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
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HC-KAR CNR: KAHC010436092022 NC: 2026:KHC:40268 MFA No. 6587 of 2022
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 19.05.2022 PASSED IN MVC NO.47/2021 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, TUMAKURU.
THIS APPEAL, COMING ON FOR HEARING, 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.86,800/- (after deducting 20% amount towards contributory negligence) awarded by the Tribunal, is in appeal.
2. The fact that the accident occurred and the further fact that the offending vehicle belonged to the respondent Corporation is not in dispute.
3. The Tribunal, on assessment of evidence, has awarded total compensation of Rs.1,08,500/- with interest at 6% per annum. However deducted 20% of the amount (Rs.21,700/-) towards the claimant's contributory negligence and awarded Rs.86,800/-.
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HC-KAR CNR: KAHC010436092022 NC: 2026:KHC:40268 MFA No. 6587 of 2022
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.25,000/- as a global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.86,800/-. Thus, the claimant is held entitled to the total compensation of Rs.1,11,800/- as against Rs.86,800/-. However, no interest is awarded in respect of global compensation of Rs.25,000/- and the negligence and other aspects held by the Tribunal are unaltered.
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.: 11