- 1 - HC-KAR NC: 2026:KHC:42973 MFA No. 7201 of 2022 CNR: KAHC010483732022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7201 OF 2022(MV-I) BETWEEN: SRI. UDAYA AGED ABOUT 34 YEARS S/O NARAYANA POOJARY R/O MOLAHALLI VILLAGE KUNDAPURA TALUK UDUPI DISTRICT 576 222 …APPELLANT (BY SRI. K PRASANNA SHETTY, ADVOCATE) AND: 1. MR. SRINIVASA AGED ABOUT 28 YEARS Digitally signed S/O ANNAYYA POOJARY by PANKAJA S R/O JADDINABAILU Location: HIGH HARDALLI-MANDALLI VILLAGE COURT OF KARNATAKA KUNDAPURA TALUK 2. UNIVERSAL SOMPO GENERAL INS CO ., LTD., BRANCH OFFICE MANGALORE OPP CITY HOSPITAL, KADRI MANGALORE REP. BY ITS MANAGER …RESPONDENTS (BY SRI. VIJAYKUMAR, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) - 2 - HC-KAR NC: 2026:KHC:42973 MFA No. 7201 of 2022 CNR: KAHC010483732022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.10.2021 PASSED IN MVC NO.907/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, 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 compensation of Rs.5,54,245/- 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: Sl. Amount Particulars No. in (Rs.) 1. Loss of income due to disability 3,36,000 2. Towards pain and suffering 50,000 3. Towards medical expenses 48,245 Towards conveyance, diet and 4. 20,000 attendants charges - 3 - HC-KAR NC: 2026:KHC:42973 MFA No. 7201 of 2022 CNR: KAHC010483732022 Towards loss of income during 5. 50,000 laid up period 6. Towards loss of amenities 25,000 7. Future medical expenses 25,000 Total 5,54,245 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.30,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.5,54,245/-. Thus, the claimant is held entitled to the total compensation of Rs.5,84,245/- as against Rs.5,54,245/-. However, no interest is awarded in respect of global compensation of Rs.30,000/-. 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. - 4 - HC-KAR NC: 2026:KHC:42973 MFA No. 7201 of 2022 CNR: KAHC010483732022

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.: 17

- 1 - HC-KAR NC: 2026:KHC:42973 MFA No. 7201 of 2022 CNR: KAHC010483732022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7201 OF 2022(MV-I) BETWEEN: SRI. UDAYA AGED ABOUT 34 YEARS S/O NARAYANA POOJARY R/O MOLAHALLI VILLAGE KUNDAPURA TALUK UDUPI DISTRICT 576 222 …APPELLANT (BY SRI. K PRASANNA SHETTY, ADVOCATE) AND: 1. MR. SRINIVASA AGED ABOUT 28 YEARS Digitally signed S/O ANNAYYA POOJARY by PANKAJA S R/O JADDINABAILU Location: HIGH HARDALLI-MANDALLI VILLAGE COURT OF KARNATAKA KUNDAPURA TALUK 2. UNIVERSAL SOMPO GENERAL INS CO ., LTD., BRANCH OFFICE MANGALORE OPP CITY HOSPITAL, KADRI MANGALORE REP. BY ITS MANAGER …RESPONDENTS (BY SRI. VIJAYKUMAR, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) - 2 - HC-KAR NC: 2026:KHC:42973 MFA No. 7201 of 2022 CNR: KAHC010483732022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.10.2021 PASSED IN MVC NO.907/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, 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 compensation of Rs.5,54,245/- 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: Sl. Amount Particulars No. in (Rs.) 1. Loss of income due to disability 3,36,000 2. Towards pain and suffering 50,000 3. Towards medical expenses 48,245 Towards conveyance, diet and 4. 20,000 attendants charges - 3 - HC-KAR NC: 2026:KHC:42973 MFA No. 7201 of 2022 CNR: KAHC010483732022 Towards loss of income during 5. 50,000 laid up period 6. Towards loss of amenities 25,000 7. Future medical expenses 25,000 Total 5,54,245 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.30,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.5,54,245/-. Thus, the claimant is held entitled to the total compensation of Rs.5,84,245/- as against Rs.5,54,245/-. However, no interest is awarded in respect of global compensation of Rs.30,000/-. 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. - 4 - HC-KAR NC: 2026:KHC:42973 MFA No. 7201 of 2022 CNR: KAHC010483732022

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.: 17