Partly allowed¶40

Sri. Prabhu v. Shamsu

Karnataka HC3 Jun 2026MFA/3170/2021

Case brief

AI extract

What is this about?

Motor accident injury compensation enhancement; MFA No.3170 of 2021 (MV-I), High Court of Karnataka; Tribunal award of Rs.2,96,000/- enhanced by Rs.25,000/- global compensation to Rs.3,21,000/- with 6% per annum interest; S.173(1) MV Act; MVC No.5510/2015, MACT XVIII Additional Judge, Court of Small Causes, Bengaluru SCCH-4; Reliance General Insurance Company Ltd.; appeal allowed in part.

What did the court decide?

Enhancement of compensation by way of additional global compensation of Rs.25,000/-; total compensation fixed at Rs.3,21,000/- with interest at 6% per annum from the date of petition till realization; Insurance Company directed to deposit the awarded amount within six weeks from receipt of a certified copy of the judgment. ¶40

Sri. Prabhu Vs Shamsu — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the compensation of Rs.2,96,000/- awarded by the Tribunal was adequate and whether the claimant was entitled to enhancement of compensation.

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Court's answer

Having regard to the nature and gravity of the injuries sustained by the claimant and also the age of the claimant, the Court deemed it appropriate not to enhance the sums under individual heads but to award additional global compensation of Rs.25,000/- over and above the Tribunal's award of Rs.2,96,000/-.

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Ratio / Principle

The claimant is held entitled to total compensation of Rs.3,21,000/- (as against Rs.2,96,000/-), along with interest at the rate of 6% per annum from the date of petition till its realization.

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Key takeaways

The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of the judgment.ratio¶38

Detailed headnote1 paragraphs

Injury-claim enhancement appeal under S.173(1) MV Act. The claimant Prabhu challenged the award dated 31.07.2018 of the Member, MACT, XVIII Additional Judge, Court of Small Causes, Bengaluru SCCH-4 (MVC No.5510/2015), which had partly allowed his claim and awarded Rs.2,96,000/- under seven heads for injuries suffered in a motor vehicle accident; the occurrence of the accident and the insurance of the offending vehicle were not in dispute. Allowing the appeal in part, the High Court (Rajesh Rai K, J.) declined head-wise enhancement and, having regard to the nature and gravity of the injuries and the age of the claimant, awarded an additional global compensation of Rs.25,000/-, fixing total compensation at Rs.3,21,000/- with interest at 6% per annum from the date of petition till realization, and directed Reliance General Insurance Company Ltd. to deposit the awarded amount within six weeks of receipt of a certified copy of the judgment.

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NC: 2026:KHC:26200 MFA No. 3170 of 2021

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF JUNE, 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.3170 OF 2021(MV-I)

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BETWEEN:

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SRI. PRABHU S/O LATE HULURE GOWDA AGED ABOUT 55 YEARS R/AT THORE HOSOOR CHANNAPATNA TALUK MALUR HOBLI RAMANAGARA DISTRICT PIN-562160.

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…APPELLANT

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(BY SRI. BHANU H.M, ADVOCATE)

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AND:

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Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

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SHAMSU S/O LATE ABDUL REHAMAN R/AT #8, FATHIMA TEA HOUSE, II 'A' CROSS, LALBAGH ROAD CKC GARDEN BENGALURU-560 027.

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RELIANCE GENERAL INSURANCE COMPANY LTD., 5^TH FLOOR, CENTURY BUILDING, 28, M.G ROAD, BENGALURU-560 001.

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…RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R2, R1 - SHAMSHU IS SERVED AND UNREPRESENTED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.07.2018 PASSED IN MVC

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2 - NC: 2026:KHC:26200 MFA No. 3170 of 2021

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HC-KAR

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NO.5510/2015 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-4, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FURTHER ORDERS, 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.2,96,000/- awarded by the Tribunal, is in appeal.

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The fact that the accident occurred and the further fact

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that the offending vehicle was insured is not in dispute.

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The Tribunal, on assessment of evidence, has awarded

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the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Pain and sufferings	40,000
2.	Medical expenses	22,000
3.	Loss of earning during laid up period	30,000

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3 - NC: 2026:KHC:26200 MFA No. 3170 of 2021

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HC-KAR

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4.	Loss of future earning	1,24,000
5.	Conveyance, food, nourishment, attendant charges	30,000
6.	Loss of future amenities	30,000
7.	Future Medical expenses	20,000
	Total	2,96,000

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Heard learned counsel for the appellant and learned counsel for respondent No.2, and also perused the records.

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Having regard to the nature and gravity of the injuries sustained by the claimant and also having regard to the age of 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.25,000/- as a global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.2,96,000/-. Thus, the claimant is held entitled to the total compensation of Rs.3,21,000/- as against Rs.2,96,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization..

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NC: 2026:KHC:26200 MFA No. 3170 of 2021

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HC-KAR

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