Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010514942019 NC: 2026:KHC:41457 MFA No. 1447 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.1447 OF 2020(MV-I) BETWEEN:
R.ANILKUMAR S/O RAJARAM G @ RAMANNA AGED ABOUT 33 YEARS R/AT 3RD CROSS, O.S.M. BHUTHANGUDI, BHADRAVATHI SHIVAMOGGA DISTRICT-577 201 …APPELLANT (BY SRI. M.V MAHESWARAPPA, ADVOCATE) AND:
1. DEVARAJA S/O BASAPPA NAGOJIROA AGED ABOUT 48 YEARS R/O BACKSIDE OF DURGAMMA TEMPLE GADIKOPPA SHIVAMOGGA DISTRICT-577 201
2.
SRI. CHANDRAPPA S/O BASAPPA AGED ABOUT 53 YEARS R/O TUPPADAGIRI NILAYA, 5TH CROSS, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
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HC-KAR CNR: KAHC010514942019 NC: 2026:KHC:41457 MFA No. 1447 of 2020 AHYUTHARAO EXTENSION, GANDHI NAGAR, SHIVAMOGGA DISTRICT-577 201.
3.
THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD, 1ST FLOOR, S.S. COMPLEX, B.H. ROAD, SHIVAMOGGA 577 201. …RESPONDENTS (BY SRI. P.B. RAJU, ADVOCATE FOR R3, VIDE ORDER DATED 27/07/2023, NOTICE TO R1 & R2 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 03.12.2018 PASSED IN MVC NO.179/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AND ADDITIONAL MACT-11, BHADRAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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HC-KAR CNR: KAHC010514942019 NC: 2026:KHC:41457 MFA No. 1447 of 2020
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT
1. The claimant, being dissatisfied with the compensation of Rs.3,53,000/- 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. Towards loss of future income 1,00,000
2. Towards pain and sufferings 1,00,000
3. Towards medical expenses 1,22,957
4. Towards conveyance, attendant charges and food and nourishment 30,000 Total 3,52,957 Rounded off to 3,53,000
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HC-KAR CNR: KAHC010514942019 NC: 2026:KHC:41457 MFA No. 1447 of 2020
4. Heard learned counsel for the appellant and learned counsel for respondent No.3, and also perused the records.
5. Having regard to the nature and gravity of the injuries sustained and their long lasting effect on the claimant and length of hospitalization of the claimant for a period of six months and also considering the disability stated by the doctor that the claimant had sustained 60% disability, 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.1,50,000/- as a global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.3,53,000/-. Thus, the claimant is held entitled to the total compensation of Rs.5,03,000/- as against Rs.3,53,000/-, 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 compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.
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HC-KAR CNR: KAHC010514942019 NC: 2026:KHC:41457 MFA No. 1447 of 2020
7. The Tribunal is
directed to release the entire compensation amount to the claimant, upon due identification.
8. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 3