Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010025312022 NC: 2026:KHC:45703 MFA No. 504 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 504 OF 2022 (MV-I) BETWEEN:
SRI NAVEENCHANDRA SHETTY S/O LATE KUSHAL SHETTY AGED ABOUT 47 YEARS R/O BAGWADI, POST NOOJADI KUNDAPURA TALUK REP BY HIS WIFE SMT SUPRITHA SHETTY AGED ABOUT 43 YEARS …APPELLANT (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND:
1.
SRI JAYAPRAKASH S/O KARUNAKAR SHETTY AGE MAJOR R/O "DEVI KRIPA" MELMANE, ULTHUR KUNDAPURA TALUK.
2.
UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE KANCHANA TOWERS, KUNDAPURA REP BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI. S. KRISHNA KISHORE, ADVOCATE FOR R2, R1 - SERVED, UNREPRESENTED) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
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HC-KAR CNR: KAHC010025312022 NC: 2026:KHC:45703 MFA No. 504 of 2022
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.13.01.2015 IN MVC NO.595/2008 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI, (SITTING AT KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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.5,77,300/- 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 50,000
2. Loss of income during treatment 20,000
3. Medical treatment 44,100
4. Loss of future earning capacity 3,13,200
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HC-KAR CNR: KAHC010025312022 NC: 2026:KHC:45703 MFA No. 504 of 2022
5. Loss of future amenities 1,00,000
6. Conveyance, transportation, attendant, nourishment and diet charges 50,000 Total 5,77,300
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.1,50,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.5,77,300/-. Thus, the claimant is held entitled to the total compensation of Rs.7,27,300/- as against Rs.5,77,300/-. However, no interest is awarded in respect of global compensation of Rs.1,50,000/-.
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.
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HC-KAR CNR: KAHC010025312022 NC: 2026:KHC:45703 MFA No. 504 of 2022
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.: 19