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2026 DAILYLAW 35101 (KAR)

SMT SIDDAMMA v. C NANJEGOWDA

MFA/3202/2021 · 2026-08-12

Rajesh Rai K

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010252882021 NC: 2026:KHC:42978 MFA No. 3202 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3202 OF 2021(MV-I) BETWEEN: SMT SIDDAMMA W/O RAMESHA, AGED ABOUT 41 YEARS, R/AT KITTANAKERE VILLAGE, DUDDA HOBLI, HASSAN TALUK & DISTRICT 573 201 …APPELLANT (BY SRI. H.J ANANDA, ADVOCATE) AND: 1. C NANJEGOWDA S/O CHIKKEGOWDA, MAJOR, DUDDA, R.S VILLAGE, DUDDA HOBLI, HASSAN TALUK & DISTRICT 573 201 2. THE MANAGER THE NEW INDIA ASSURANCE COMPANY LIMITED, CHANDAN COMPLEX, HARSHAMAHAL ROAD, HASSAN 573 201 …RESPONDENTS (BY SMT. MANJULA N TEJASWI, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010252882021 NC: 2026:KHC:42978 MFA No. 3202 of 2021 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.14.08.2019 PASSED IN MVC NO.1476/2015 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE, MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION OR 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.1,90,600/- 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: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 45,000 2. Attendant, food and nourishment and transportation 25,000 - 3 - HC-KAR CNR: KAHC010252882021 NC: 2026:KHC:42978 MFA No. 3202 of 2021 3. Loss of income during laid up period 15,000 4. Loss of future income 75,600 5. Loss of amenities 30,000 Total 1,90,600 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.50,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.1,90,600/-. Thus, the claimant is held entitled to the total compensation of Rs.2,40,600/- as against Rs.1,90,600/-. However, no interest is awarded in respect of global compensation of Rs.50,000/-. 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. - 4 - HC-KAR CNR: KAHC010252882021 NC: 2026:KHC:42978 MFA No. 3202 of 2021 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.: 26