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2026 DAILYLAW 35843 (KAR)

SRI VINOD KUMAR v. SRI RAMESHA M

MFA/893/2022 · 2026-08-25

Rajesh Rai K

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010058052022 NC: 2026:KHC:45843 MFA No. 893 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 893 OF 2022 (MV-I) BETWEEN: SRI VINOD KUMAR S/O. THIMMAIAH B.P, R/AT VINOBHA COLONY, CBT COLONY POST, HUNSUR TALUK, MYSURU DISTRICT-571 189 …APPELLANT (BY SRI. S.A. SABOOR, ADVOCATE) AND: 1. SRI RAMESHA M S/O. MASTIGOWDA, R/AT DHARMAPURA VILLAGE & POST, BILLIKERE HOBLI, HUNSUR TALUK, MYSURU DISTRICT -571 189 2. THE MANAGER, UNITED INDIA INSURANCE CO.LTD BALLAL CIRCLE, NEW KANTHARAJ URS ROAD, MYSURU-570 004 …RESPONDENTS (R2 - SERVED, R1 - DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.28.10.2021 PASSED IN MVC NO.340/2020 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010058052022 NC: 2026:KHC:45843 MFA No. 893 of 2022 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 compensation of Rs.4,65,600/- awarded by the Tribunal in MVC No.340/2020 dated 28.10.2021, is in appeal. 2. The fact that the incident occurred and the further fact that the offending vehicles was insured are 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 suffering 30,000 2. Medical expenses 65,000 3. Loss of future income 2,85,600 4. Future medical expenses 25,000 5. Food and nourishment 20,000 6. Attendant and travelling expenses 20,000 7. Loss of amenities 20,000 TOTAL 4,65,600 4. Having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant, I deem it - 3 - HC-KAR CNR: KAHC010058052022 NC: 2026:KHC:45843 MFA No. 893 of 2022 appropriate that instead of enhancing the sum under each head, it would be just and appropriate to award additional compensation of Rs.40,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.4,65,600/-. Thus, the claimant is held entitled to the total compensation of Rs.5,05,600/-. The enhanced compensation shall carry interest at the of 6% per annum from the date of petition till its realization. 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 HKV List No.: 1 Sl No.: 14