Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010513442022 NC: 2026:KHC:46849 MFA No. 7629 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 7629 OF 2022 (MV-I) BETWEEN:
SRI KARIGOWDA S/O HUCHHINAKARIGOWDA AGED ABOUT 53 YEARS R/AT SANNAGOWDA HATTI CHELUVANAHALLI VILLAGE BANAVARA HOBLI ARASIKERE TALUK HASSAN DSITRICT-573201. …APPELLANT (BY SRI. NARASIMHA MURTHY G.V., ADVOCATE) AND:
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SRI UMESH S S/O SHIVAPPA AGED MAJOR R/AT SIDDAPURA VILLAGE HONNAVALLI HOBLI TIPTUR TALUK TUMKURU DISTRICT.
2.
THE ORIENTAL GENERAL INSURANCE COMAPNY LTD BRANCH OFFICE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
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HC-KAR CNR: KAHC010513442022 NC: 2026:KHC:46849 MFA No. 7629 of 2022 1ST FLOOR GURUKULA SUPER MARKET B H ROAD, N H 206, ROAD TIPUR, TUMKURU DISTRICT REP. BY THE MANAGER. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DATED 02.07.2022 PASSED IN MVC NO.1491/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, ARSIKERE, 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.1,25,357/- 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.
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HC-KAR CNR: KAHC010513442022 NC: 2026:KHC:46849 MFA No. 7629 of 2022
3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.)
1. Pain and sufferings 15,000
2. Loss of amenities in life 10,000
3. Loss of earning during treatment (For 39 days) 16,250
4. Diet, Nourishment, Attendants charges and conveyance 30,000
5. Medical reimbursement 54,107 Total 1,25,357
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.1,00,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.1,25,357/-. Thus, the claimant is held entitled to the total compensation of Rs.2,25,357/- as against Rs.1,25,357/-.
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HC-KAR CNR: KAHC010513442022 NC: 2026:KHC:46849 MFA No. 7629 of 2022 However, no interest is awarded in respect of global compensation of Rs.1,00,000/-.
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.: 19