Partly allowed

Avinash v. B Siddiprasad M Shenoy

Karnataka HC16 Jul 2026MFA/207/2022

Case brief

AI extract

What is this about?

Injured claimant appealed for enhancement of Rs.1,13,773 compensation awarded by the Tribunal for accident injuries. The High Court, finding liability and insurance undisputed, added Rs.40,000 as global compensation without interest, taking total to Rs.1,53,773, and allowed the appeal in part.

What did the court decide?

Additional global compensation of Rs.40,000 without interest; total Rs.1,53,773; insurer directed to deposit within six weeks.

Avinash Vs B Siddiprasad M Shenoy — Motor Accident Claims | Karnataka HC (2026)

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HC-KAR

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NC: 2026:KHC:36594 MFA No. 207 of 2022

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CNR: KAHC010005742022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE RAJESH RAI K

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MISCELLANEOUS FIRST APPEAL NO. 207 OF 2022 (MV-I)

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BETWEEN:

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AVINASH AGED ABOUT 22 YEARS, S/O SRI SUNDARA POOJARY, R/AT "PREMA NIVASA", MOODUMARNADU VILLAGE, MOODABIDRI TALUK

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…APPELLANT

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(BY SRI. PAVANA CHANDRA SHETTY H, ADVOCATE)

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AND:

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Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

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B SIDDIPRASAD M SHENOY AGED ABOUT 43 YEARS,

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S/O SRI B MANJUNATH SHENOY, MANAGING PARTNER, M/S KOMAL FEEDS, NO 234/1, NEAR G S P SCHOOOL, KANYANA, HEBRI TALUK

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THE DIVISIONAL MANAGER SBI GENERAL INSURANCE CO LTD. RUKMINI TOWERS, NO 3/1, PLATFORM ROAD, SHESHADHRIPURAM, BANGALORE 560 020

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…RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, VIDE ORDER DATED 04.09.2024, NOTICE TO R1 IS DISPENSED WITH)

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HC-KAR

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NC: 2026:KHC:36594 MFA No. 207 of 2022

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CNR: KAHC010005742022

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THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DT.03.08.2021 IN MVC NO.622/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE, ACJM, KARKALA, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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The claimant, being dissatisfied with the compensation of Rs.1,13,773/- awarded by the Tribunal, on 03.08.2021 in MVC.No.622/2020, is in appeal.

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The fact that the accident occurred and the further fact that the offending vehicle was insured are not in dispute.

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The Tribunal, on assessment of evidence, has awarded the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Pain and sufferings	50,000

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HC-KAR

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NC: 2026:KHC:36594 MFA No. 207 of 2022

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CNR: KAHC010005742022

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2.	Medical expenses	26,773
3.	Loss of income during the laid up period	12,000
4.	Conveyance, food, nourishment, attendant charges	5,000
5.	Loss of amenities in life	20,000
	Total	1,13,773

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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 prudent to award a sum of Rs.40,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.1,13,773/-. Thus, the claimant is held entitled to a total compensation of Rs.1,53,773/- as against Rs.1,13,773/- however, no interest is awarded in respect of global compensation of Rs.40,000/-

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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.

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HC-KAR

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NC: 2026:KHC:36594 MFA No. 207 of 2022

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CNR: KAHC010005742022

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Accordingly, in modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is

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allowed in part .

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SD/(RAJESH RAI K) JUDGE

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List No.: 1 Sl No.: 66

Avinash v. B Siddiprasad M Shenoy

Case brief

What is this about?

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Avinash v. B Siddiprasad M Shenoy

Case brief

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