SRI LOKESH C T v. M/S THE NEW INDIA ASSURANCE COMPANY LTD
MFA/7519/2022 · 2026-08-28
Rajesh Rai K
body2026
DailyLaw.ai
[ 2026 DAILYLAW 38019 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 38019 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010504392022 NC: 2026:KHC:46621 MFA No. 7519 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7519 OF 2022(MV-I) BETWEEN:
SRI LOKESH C.T S/O THIMAIAH NARASIAH AGED ABOUT 37 YEARS RESIDING AT CHEELURU VILLAGE MARALAVADI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT - 562 112 …APPELLANT (BY SRI. CHANDRASHEKARAIAH B, ADVOCATE) AND:
1.
M/S THE NEW INDIA ASSURANCE COMPANY LTD BY ITS MANAGER NO.10/1, CITY DO-V KUKREJA HOUSE KUMARAKRUPA ROAD BANGALORE - 560001
2.
SRI ROOPESH S/O CHATHUKUTTY HUNHIPURAIL HOUSE PALATHUMKARA KUTHUPARAMBA, KANNUR KERALA STATE - 670 001 …RESPONDENTS (BY SRI. Y ARUNA, ADVOCATE FOR R1, VIDE ORDE DATED 25.01.2025 NOTICE R2 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
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HC-KAR CNR: KAHC010504392022 NC: 2026:KHC:46621 MFA No. 7519 of 2022
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.06.04.2022 PASSED IN MVC NO.7238/2018 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, (SCCH-7), 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 award of compensation of Rs.80,158/- awarded by the Tribunal vide
judgment and award dated 06.04.2022 passed in MVC No.7238/2018, is in appeal.
2. The fact that the accident occurred and the further fact that the insurer is liable to pay the compensation as the offending vehicle is insured are not in dispute.
3. The Tribunal, on assessment of evidence, particularly i.e., Exs.P1 to 13, has awarded a sum of Rs.50,000/- towards pain and sufferings, Rs.20,158/- towards medical expenses and Rs.10,000/- towards loss of amenities, totally a sum of Rs.80,158/- as compensation.
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HC-KAR CNR: KAHC010504392022 NC: 2026:KHC:46621 MFA No. 7519 of 2022
4. Having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant, instead of enhancing the sum under each head, I deem it just and appropriate to award a sum of Rs.1,00,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.80,158/-. Thus, the claimant is held entitled to the total compensation of Rs.1,80,158/- as against Rs.80,158/-. However, no interest is awarded in respect of global compensation of Rs.1,00,000/-.
5. The insurer 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 PKS List No.: 1 Sl No.: 16