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2026 DAILYLAW 36302 (KAR)

CHI. SHRINIDHI v. SRI VINOD P

MFA/5624/2022 · 2026-08-25

Rajesh Rai K

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010357902022 NC: 2026:KHC:45977 MFA No. 5624 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.5624 OF 2022(MV-I) BETWEEN: CHI. SHRINIDHI S/O SRI MARAPPA AGED ABOUT 16 YEARS SINCE MINOR REPRESENTED BY HIS FATHER SRI MARAPPA AGED ABOUT 52 YEARS R/O #62, LINGAYITHARA BEEDI VARUNA HOBLI SOMESHWARAPURA POST BASAHALLI HUNDI MYSURU-570 005. …APPELLANT (BY SRI. BASAVANNA K.M, ADVOCATE) AND: 1. SRI VINOD P S/O SRI PRABHUSWAMY R/O CHANDAHALLI T NARASIPURA TALUK MYSURU-571124. (DRIVER CUM OWNER OF CAR BEARING NO.KA-55-5024) 2. M/S ICICI LAMBARD GENERAL INSURANCE CO LTD ICICI LAMBARD HOUSE NO.44, VEER SAVARKAR MARG Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010357902022 NC: 2026:KHC:45977 MFA No. 5624 of 2022 NEAR SIDDI VINAYAKA TEMPLE PRABHADEVI, MUMBAI-400 025. …RESPONDENTS (BY SRI. MANJUNATHA N, ADVOCATE FOR R1, SRI. ASHOK N PATIL, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DT.02.12.2019 IN MVC NO.1080/2015 ON THE FILE OF THE ADDITIONAL SMALL CAUSES, SENIOR CIVIL JUDGE, MACT, MYSURU, 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 RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.90,000/- 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 a global compensation of Rs.90,000/- along with interest at the rate of 6% per annum. 4. Having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant and also - 3 - HC-KAR CNR: KAHC010357902022 NC: 2026:KHC:45977 MFA No. 5624 of 2022 considering wound certificate at Ex.P3 and discharge summary at Ex.P8, 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.1,25,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.90,000/-. Thus, the claimant is held entitled to the total compensation of Rs.2,15,000/- as against Rs.90,000/-, along with interest at the rate 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 CR/List No.: 1 Sl No.: 18