Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010336842021 NC: 2026:KHC:51714 MFA No. 4444 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH MISCELLANEOUS FIRST APPEAL NO.4444 OF 2021(MV-I)
BETWEEN:
SRI. PRAVEEN KUMAR @ PRAVEEN S/O SOMANNA AGED ABOUT 22 YEARS, R/AT MOTTA VILLAGE NANJANGUD TALUK MYSURU-571314 …APPELLANT (BY SRI. BHANU PRAKASH H.V., ADVOCATE) AND:
1.
SRI. RUDRASWAMY S/O GURUSWAMY AGED: MAJOR R/AT NO.143, KAGGALIPURA VILLAGE HAROHALLI HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT-560082
Digitally signed by NAGARATHNA M Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010336842021 NC: 2026:KHC:51714 MFA No. 4444 of 2021
2.
THE DIVISIONAL MANAGER RELIANCE GENERAL INSURANCE CO. LIMITED MAHARAJA COMPLEX, OPP: SUB-URBAN BUS STAND B.M. ROAD, MYSURU-570001 …RESPONDENTS (BY SRI. RAVI SHANKAR S. SAMPRATHI, ADVOCATE FOR RESPONDENT NO.2;
VIDE ORDER DATED 16.12.2025, SERVICE OF NOTICE TO RESPONDENT NO.1 IS DISPENSED WITH) ----
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 10.03.2021 PASSED IN MVC NO.592/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, NANJANGUD, 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 S RACHAIAH
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HC-KAR
CNR: KAHC010336842021 NC: 2026:KHC:51714 MFA No. 4444 of 2021
ORAL JUDGMENT
This appeal is filed by the claimant against the judgment and award dated 10.03.2021 passed by the Senior Civil Judge and M.A.C.T., Nanjangud (henceforth referred to as 'Tribunal') in M.V.C.No.592/2017, seeking for enhancement of compensation.
2. The injured/claimant, who is aged about 23 years has met with an accident on 07.12.2016 and filed a claim petition before the Tribunal claiming compensation of Rs.12,00,000/-. The Tribunal after considering the facts and circumstances and evidence on record, has awarded the compensation of Rs.3,70,700/- along with interest at the rate of 6% per annum.
3. Aggrieved by the said judgment and award of the Tribunal, the claimant has preferred this appeal contending that he was aged about 23 years at the time of accident. He was working as a cook in TVS factory and was earning Rs.15,000/- per month. Due the said accident, he lost his job and not able to work properly. The compensation awarded by the Tribunal
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HC-KAR
CNR: KAHC010336842021 NC: 2026:KHC:51714 MFA No. 4444 of 2021
is meager. Therefore, he prays for enhancement of compensation.
4. The submission of the learned counsel for the appellant is that the Tribunal ought to have considered the monthly income of the injured/claimant at Rs.15,000/- and also other incidental charges should have been taken on higher value. He further submitted that the claimant was admitted to the hospital as an inpatient for a period of 41 days. Even assuming that attendant charges would be Rs.1,000/- per day, a sum of Rs.41,000/- could have been awarded. However, the compensation awarded by the Tribunal is meager. By making such submissions, learned counsel for the appellant/claimant prays to enhance the compensation awarded by the Tribunal.
5. Per contra, learned counsel for the insurance company submitted that the award passed by the Tribunal is just and proper. The Tribunal after having assessed the disability, has awarded compensation which is just and proper and does not require enhancement. By making such
submissions, learned counsel for the insurance company prays to dismiss the appeal.
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HC-KAR
CNR: KAHC010336842021 NC: 2026:KHC:51714 MFA No. 4444 of 2021
6. Having heard the learned counsel for the respective parties and on perusal of the records, the Tribunal has awarded compensation of Rs.3,70,700/- along with interest at the rate of 6% per annum. However, considering the age, avocation and the disability suffered by the claimant and also the marriage prospects of the claimant, this Court considers it appropriate to award global compensation of Rs.2,00,000/- in addition to the compensation awarded by the Tribunal.
7. Hence, I proceed to pass the following:
ORDER i. The appeal is allowed-in-part. ii. The judgment and award dated 10.03.2021 passed by the Senior Civil Judge and M.A.C.T., Nanjangud, in M.V.C.No.592/2017 is hereby modified holding that the claimant is entitled for enhanced global compensation of Rs.2,00,000/- (Rupees Two Lakhs only) in addition to the compensation awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of claim petition till realization.
iii. Respondent No.2 - Insurance Company is directed to deposit the compensation amount along with interest at the rate of 6% per annum, before the Tribunal.
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HC-KAR
CNR: KAHC010336842021 NC: 2026:KHC:51714 MFA No. 4444 of 2021
iv. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. v. Draw award accordingly.
Sd/- (S RACHAIAH) JUDGE
PMR List No.: 1 Sl No.: 5