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2026 DAILYLAW 52891 (KAR)

HONNURAPPA v. PANKAJ MENARIA S/O. PURAN MAL JI

MFA/100293/2021 · 2026-01-22

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:770 MFA No. 100293 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.100293 OF 2021 (MV-D) BETWEEN: HONNURAPPA @ VANDRAPPA, S/O. PARASAPPA, AGED ABOUT 57 YEARS, OCC. MESTRI, R/O. WARD NO.5, GUGGARAHATTI, BALLARI - 583101. …APPELLANT (BY SMT. SOUBHAGYA VAKKUND, ADVOCATE FOR SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) AND: 1. PANKAJ MENARIA S/O. PURAN MAL JI, AGED ABOUT 37 YEARS, DRIVER-CUM-OWNER OF THE LORRY BEARING NO.RJ-27/GB-8323, R/O. NO.21, LAKSHMI NAGAR, DHIKALI ROAD, PRATAP NAGAR, UDAIPUR, RAJASTHAN - 313001. 2. THE DIVISIONAL MANAGER, M/S. UNITED INDIA INSURANCE COMPANY LIMITED, BALLARI - 583101. …RESPONDENTS (BY SRI. S.S. KOLIWAD, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 02.03.2020 PASSED IN MVC NO.953/2018 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XI AND II ADDITIONAL SENIOR CIVIL JUDGE, AT BALLARI BY ENHANCING THE COMPENSATION FROM OF RS.30,000/- TO RS.15,00,000/- TO THE APPELLANT AND ETC.,. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:770 MFA No. 100293 of 2021 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.953/2018 dated 02.03.2020 by the Second Additional Senior Civil Judge and Motor Accident Claims Tribunal-XI, Ballari, the claimant is before this Court seeking enhancement of the compensation. 2. The Tribunal had awarded global compensation of an amount of Rs.30,000/-. It is a case of the claimant that the claimant had sustained three injuries i.e., severe pain and tenderness present over the right sided chest, small wound 2x1cm size present over the right parietal region and tenderness present over the right Hypochondriac region and as per the opinion of the doctor, injury No.1 is grievous and injury Nos.2 and 3 are simple in nature. 3. Learned counsel appearing for the appellant submits that the claimant had suffered grievous injuries in the accident, undergone operation, inserted implants and he has incurred an amount of Rs.2,50,000/- towards medical and other expenses - 3 - HC-KAR NC: 2026:KHC-D:770 MFA No. 100293 of 2021 and without considering the same, the Tribunal had granted the compensation. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that though it is stated that he has incurred expenditure of an amount of Rs.2,50,000/-, no evidence is placed before the Tribunal and the Tribunal had rightly granted global compensation of an amount of Rs.30,000/-. 5. Having heard the learned counsels on either side, perused the entire material on record. Considering the fact that the claimant had sustained three injuries and one injury is a grievous injury, this Court deems it appropriate to grant global compensation of an amount of Rs.50,000/-. 6. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.30,000/- to Rs.50,000/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. - 4 - HC-KAR NC: 2026:KHC-D:770 MFA No. 100293 of 2021 ii. The respondent No.2 - Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount. iii. Registry is directed to send the certified copy of the order passed by this Court to the Tribunal forthwith without any delay. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 10