Partly allowed¶46

Yogesha v. Mahadeva

Motor Vehicles Act, S.173(1) – Enhancement of compensation

Karnataka HC20 Jul 2026MFA/5766/2021

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Case brief

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What is this about?

Keywords: enhancement of compensation; global compensation; motor vehicle accident injuries; MACT Mysuru; MVC No.692/2019; MFA No.5766 of 2021 (MV-I); S.173(1) MV Act; United India Insurance Co Ltd; claimant Yogesha; Justice Rajesh Rai K; Karnataka High Court; total compensation Rs.1,86,100/-; no interest on global compensation; deposit within six weeks; appeal partly allowed.

What did the court decide?

Enhancement of compensation by way of additional global compensation of Rs.50,000/- (with no interest thereon), raising total compensation from Rs.1,36,100/- to Rs.1,86,100/-; the Insurance Company directed to deposit the additional amount within six weeks from receipt of a certified copy of the judgment. ¶46

Yogesha Vs Mahadeva — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the compensation of Rs.1,36,090/- awarded by the Tribunal in MVC No.692/2019 was adequate and required enhancement.

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Court's answer

Having regard to the nature, gravity and lasting effects of the injuries suffered by the claimant, instead of enhancing the sum under each head, additional compensation of Rs.50,000/- was awarded as global compensation.

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Ratio / Principle

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

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Key takeaways

The claimant is held entitled to total compensation of Rs.1,86,100/- as against Rs.1,36,100/- awarded by the Tribunal.ratio¶38
No interest is awarded in respect of the global compensation of Rs.50,000/-.ratio¶38
The Insurance Company is directed to deposit the additional compensation within six weeks from the date of receipt of a certified copy of the judgment.ratio

Detailed headnote1 paragraphs

Motor Vehicles Act, S.173(1) — Enhancement of compensation — MFA against judgment and award dated 26.08.2021 in MVC No.692/2019 (VII Addl. District Judge, Member, MACT, Mysuru) awarding Rs.1,36,090/- (rounded off to Rs.1,36,100/-) under heads including pain and suffering, medical expenses, loss of income during laid-up period and future medical expenses — Occurrence of accident and insurance of offending vehicle not in dispute — Considering the nature, gravity and lasting effects of the injuries, the High Court, instead of enhancing sums under individual heads, awarded additional global compensation of Rs.50,000/- — No interest awarded on the global compensation — Claimant held entitled to total compensation of Rs.1,86,100/- — United India Insurance Co Ltd directed to deposit the additional amount within six weeks from receipt of certified copy of the judgment — Appeal partly allowed.

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HC-KAR

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NC: 2026:KHC:37193 MFA No. 5766 of 2021

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CNR: KAHC010419522021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^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.5766 OF 2021(MV-I)

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BETWEEN:

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YOGESHA S/O BHOGAPPA AGED ABOUT 37 YEARS R/AT CHANNASOGE VILLAGE THATTEGERE POST HANAGODU HOBLI- 571 105 HUNSUR TQ MYSURU DISTRICT

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…APPELLANT

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(BY SRI. SYED ABDUL SABOOR, ADVOCATE)

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AND:

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Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

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MAHADEVA S/O SHIVANNEGOWDA AGED 32 YEARS R/AT GAVADIKERE VILLAGE HANAGODU HOBLI, HUNSUR TALUK MYSURU DISTRICT - 571 105

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NAVEEN KUMAR S/O ERASHETTY MAJOR R/AT MALLEGOWDANAKOPPALU VILLAGE ABBATHURU POST, PERIYAPATANA TQ MYSURU DISTRICT - 571 107

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THE MANAGER UNITED INDIA INSURANCE CO LTD

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2 - NC: 2026:KHC:37193 MFA No. 5766 of 2021

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HC-KAR

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CNR: KAHC010419522021

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BALLAL CIRCLE NEW KANTHARAJA URS ROAD MYSURU-570 004

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…RESPONDENTS

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(BY SRI. O. MAHESH, ADVOCATE FOR R3, VIDE ORDER DATED 01/12/2022, NOTICE TO R1 & R2 ARE DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.26.08.2021 PASSED IN MVC NO.692/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE, MEMBER, MACT, MYSURU, 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.1,36,090/- awarded by the Tribunal in MVC No.692/2019 dated 26.08.2021, is in appeal.

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

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The Tribunal, on assessment of evidence, has

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awarded the following sums as compensation:

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3 - NC: 2026:KHC:37193 MFA No. 5766 of 2021

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HC-KAR

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CNR: KAHC010419522021

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Sl. No.	Particulars	Amount in(Rs.)
1.	Pain and suffering	50,000
2.	Food and nourishment and attendant charges	4,000
3.	Conveyance charges	3,000
4.	Medical expenses	20,090
5.	Loss of income during laid up period	22,000
6.	Loss of amenities	25,000
7.	Future medical expenses	12,000
	Total	1,36,090
	Rounded off to	1,36,100

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Having regard to the nature, gravity and the lasting

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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.50,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.1,36,100/-. Thus, the claimant is held entitled to the total compensation of Rs.1,86,100/- as against Rs.1,36,100/-. However, no interest is awarded in respect of global compensation of Rs.50,000/-.

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