Karnataka High Court
MFA/4444/2021 of SRI PRAVEEN KUMAR @ PRAVEEN Vs SRI RUDRASWAMY on 21 September 2026
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
HC-KAR
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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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
HC-KAR
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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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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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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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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