Karnataka High Court

MFA/4470/2023 of SMT JAYAMMA T Vs SRI VENKATESH A on 18 August 2026

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CNR: KAHC010331192023 NC: 2026:KHC:44116 MFA No. 4470 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.4470 OF 2023(MV-I) BETWEEN: SMT. JAYAMMA T., W/O ADINARAYANAPPA, AGED ABOUT

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF AUGUST, 2026

BEFORE

THE HON'BLE MR. JUSTICE T.M.NADAF

MISCELLANEOUS FIRST APPEAL NO.4470 OF 2023(MV-I)

BETWEEN:

SMT. JAYAMMA T.,

W/O ADINARAYANAPPA,

AGED ABOUT 47 EYARS,

R/AT NO.6, 8TH 'A' CROSS,

VINAYAKA LAYOUT,

NARANDANAHALLI,

BENGALURU - 560 039.

…APPELLANT

(BY SRI. GANESH BHAT, ADVOCATE FOR

SRI. ADINARAYANAPPA., ADVOCATE)

AND:

1.

SRI VENKATESH A.,

S/O ARJUN,

AGED ABOUT 34 YEARS,

R/AT NO.19, 12TH CROSS,

60 FEET ROAD, J.C. NAGAR,

KURUBARAHALLY,

BENGALURU - 560 086.

2.

THE UNITED INDIA

INSURANCE CO.LTD.,

REGIONAL OFFICE

NO.5TH AND 6TH FLOOR,

KRISHI BHAVAN,

HUDSON CIRCLE,

OPP. BBMP HEAD OFFICE,

Digitally

signed by

REKHA R

Location:

High Court

of Karnataka

HC-KAR

NRUPATHUNGA ROAD,

BENGALURU - 560 001.

…RESPONDENTS

(BY SRI. A.M. VENKATESH, ADVOCATE FOR R2, R1 SERVED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:15.12.2022

PASSED IN MVC NO.4770/2021 ON THE FILE OF THE II

ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU

(SCCH.13), 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 T.M.NADAF

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ORAL JUDGMENT

This appeal by the claimant seeking enhancement of compensation arising out of judgment and award dated 15.12.2022 in MVC No.4770/2021 passed by the Motor Vehicles Accident Claims Tribunal, Bengaluru1.

2. The parties are referred to as per their ranking before the Tribunal.

1 Hereinafter referred to as 'Tribunal' for short

HC-KAR

3. Heard the learned counsel for both the parties. Perused the entire appeal papers.

4. The Tribunal awarded a sum of Rs.75,000/- as global compensation with respect to fracture of phalanx of metatarsal bone of right leg. The doctor who has been examined as PW2, has stated 24% limb disability and 8% disability to the whole body. This Court is of the opinion that instead of dwelling on awarding compensation under each head, if a further global compensation of Rs.40,000/- is awarded, same would meet the ends of justice and the same is not seriously disputed by the other side.

5. Accordingly, this Court proceeds to pass the following:

ORDER

(i) The appeal is allowed in part.

(ii) The claimant is entitled for another global compensation of Rs.40,000/- along with interest @ 6% p.a. from the date of petition till realization.

HC-KAR

(iii) The respondent No.2/insurer shall deposit the entire global compensation with interest stated supra, within a period of six weeks from the date of receipt of certified copy of this order before the concerned Tribunal.

(iv) On deposit, the entire amount shall be released in favour of the claimant on proper identification.

(v) No order as to costs.

Sd/- (T.M.NADAF) JUDGE

DR List No.: 1 Sl No.: 6 ct-vn

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