Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 36882 (KAR)

SRI VASANTHA KUMAR T M v. PRAKASH

MFA/7267/2022 · 2026-08-27

Rajesh Rai K

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010489392022 NC: 2026:KHC:46330 MFA No. 7267 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7267 OF 2022(MV-I) BETWEEN: SRI VASANTHA KUMAR T.M S/O LATE KONDAPPA T.M AGED ABOUT 64 YEARS R/AT OF NO. 99, KEB QUARTERS TIPTUR, NOW RESIDING AT C/O RAMESH S/O LINGAIAH MAYASANDRA VILLAGE TURUVEKERE TALUK-572 227 …APPELLANT (BY SRI. MANJUNATH N.D, ADVOCATE) AND: 1. PRAKASH S/O SIDDALINGAPPA AGED ABOUT 44 YEARS R/AT HOSABAGILU MULE CHIKKANAYAKANAHALLI TOWN TUMKUR DISTRICT-572 101 2. THE BRANCH MANAG ER THE UNITED INDIA INSURANCE CO LTD BRANCH OFFICE, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010489392022 NC: 2026:KHC:46330 MFA No. 7267 of 2022 RAGHAVENDRA COLONY B.H. ROAD, TIPTUR-572 201 …RESPONDENTS (BY SMT. HARINI SHIVANANDA, ADVOCATE FOR R2, R1 NOTICE DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.28.01.2021 PASSED IN MVC NO.726/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, TURUVEKERE, 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.2,89,500/- 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: - 3 - HC-KAR CNR: KAHC010489392022 NC: 2026:KHC:46330 MFA No. 7267 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 40,000 2. Food, conveyance and Nourishment, etc., 15,000 3. Attendant charges 4,800 4. Loss of amenities 15,000 5. Loss of income during laid period 14,000 6. Medical expenses 1,07,949 7. Future medical expenses --- 8. Loss of future earning capacity 92,400 Total 2,89,149 Rounded off to 2,89,500 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.50,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.2,89,500/-. Thus, the claimant is held entitled to the total compensation of Rs.3,39,500/- as against Rs.2,89,500/-. - 4 - HC-KAR CNR: KAHC010489392022 NC: 2026:KHC:46330 MFA No. 7267 of 2022 However, no interest is awarded in respect of global compensation of Rs.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. 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.: 15