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2026 DAILYLAW 3628 (KAR)

MR. SHARATH SHETTY v. ARCHANA SHETTY

MFA/4602/2020 · 2026-04-17

Vijaykumar A Patil

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21377 M.F.A. No.4602/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.4602/2020 (MV-I) BETWEEN: MR. SHARATH SHETTY S/O JAYARAMA SHETTY AGED ABOUT 38 YEARS R/O H NO.1-443, NUJI HOUSE HIREBETTU POST, HIREBETTU UDUPI TALUK AND DISTRICT-576107. …APPELLANT (BY SRI. PRATHEEP K.C. ADV.,) AND: 1. ARCHANA SHETTY D/O SUNDAR SHETTY AGED ABOUT 43 YEARS R/O H NO.1-37A, ASHIRVAD GUDDE HOUSE, AMBALAPADY UDUPI TALUK AND DISTRICT-576103. 2. THE LIBERTY VIDEOCON GENERAL INS.CO. LTD., DIVISIONAL MANAGER DIVISIONAL OFFICE 4-1-85/21, SHOP NO.203 AND 4-1-85/25 SHOP NO.207, 2ND FLOOR INLAND AVENUE, M G ROAD DAKSHINA KANNADA-575 003. …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADV., V/O/DTD:13.10.2022 R1 NOTICE D/W) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21377 M.F.A. No.4602/2020 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.07.2020 PASSED IN MVC NO.276/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR 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 VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured appellant challenging the judgment and award dated 03.07.2020 in MVC.No.276/2018 by the Principal Senior Civil Judge and Additional MACT, Udupi (for short 'the Tribunal'). 2. Sri.Pratheep K.C., learned counsel appearing for the appellant and Sri.Ravi S. Samprathi, learned counsel for respondent No.2 submit that during the pendency of this appeal, the matter has been amicably settled between the parties for a sum of Rs.2,50,000/- globally in addition to the compensation already awarded by the Tribunal. 3. The joint submission of the learned counsel is placed on record. - 3 - HC-KAR NC: 2026:KHC:21377 M.F.A. No.4602/2020 4. In terms of the settlement, the appellant/claimant is entitled to a sum of Rs.2,50,000/- as global compensation without interest, in addition to what has been awarded by the Tribunal. The impugned judgment and award of the Tribunal is modified to the aforesaid extent. 5. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed. The respondent/insurer shall deposit the global compensation amount before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. On such deposit, the same shall be released in favour of the appellant. Registry is directed to transmit the records to the Tribunal forthwith and draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 16