Master Akash C S Vs K Mahadeva Gauda

MASTER AKASH C S S/O SHAMBULINGAPPA AGED ABOUT 16 YEARS SINCE THE PETITIONER IS MINOR REPRESENTED BY HIS NATURAL GUARDIAN MOTHER SMT. JAYAMMA W/O SHAMBULINGAPPA AGED ABOUT 37 YEARS CHIKKAVVANAGTHIHALLI HULLIKATTE POST DAVANAGERE TALUK & DISTRICT-577 512.

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…APPELLANT

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Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

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(BY SRI. SATISHCHANDRA R, ADVOCATE)

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AND:

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K MAHADEVA GAUDA S/O K ESHWARA GAUDA AGED ABOUT 41 YEARS NO.87, WARD NO.30, ALLAM LAYOUT JAI NAGAR, 2^ND CROSS, CANTONMENT BALLARI-583 104

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THE DIVISIONAL MANAGER THE NATIONAL INSURANCE CO. LTD., SHIVANARADA MUNI PLAZA OPP-BHAPUJI DENTAL COLLEGE

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2 -

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HC-KAR

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NC: 2026:KHC:38114 MFA No. 5829 of 2021

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CNR: KAHC010413522021

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MCC "B" BLOCK DAVANAGERE -577 004

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…RESPONDENTS

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(BY SRI. KANTHARAJAPPA M.G, ADVOCATE FOR R1, SRI. RAVISH BENNI, ADVOCATE FOR R2)

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THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.09.2021 PASSED IN MVC NO.434/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT-IV, DAVANGERE, 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

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Rs.1,02,615/- awarded by the Tribunal vide judgment and award dated 06.09.2021 passed in MVC No.434/2020, is in appeal.

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The fact that the accident occurred and the further fact that the insurer is liable to pay the compensation as the offending vehicle is insured are not in dispute.

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3 - NC: 2026:KHC:38114 MFA No. 5829 of 2021

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HC-KAR

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CNR: KAHC010413522021

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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 suffering	15,000
2.	Medical expenses	15,615
3.	Loss of earnings due to disability	72,000
	Total	1,02,615

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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 sums under each head, it would be just and appropriate to award an additional sum of Rs.40,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.1,02,615/-. Thus, the claimant is held entitled to the total compensation of Rs.1,42,615/- as against Rs.1,02,615/- with interest at 6% p.a from the date of petition till its realization.

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