Mallavva W/O Yamanappa Myageri @ Aramani v. Premanad S/O Veerappa Sajjan
Motor Vehicles Act, 1988, S.173(1) – Enhancement of compensation
Case brief
What is this about?
NC: 2025:KHC-D:7390 | High Court of Karnataka, Dharwad Bench | MFA No. 100615 of 2014 (MV) | Justice Hanchate Sanjeevkumar | Judgment 06.06.2025; rectification order (I.A.No.1/2025) 10.09.2025 | Claimant's appeal under S.173(1) Motor Vehicles Act, 1988 against MACT-IV Bagalkot award in MVC No.493/2011 | Compensation enhanced from Rs.40,440 to Rs.75,440 with 6% p.a. interest (pain and suffering Rs.15,000; loss of amenities Rs.15,000; medical expenses Rs.34,440 intact; incidental Rs.5,000; laid-up loss of income Rs.6,000) | No loss of future income absent pleaded/proved disability | Deposit liability on owner of offending vehicle, not United India Insurance (driver unlicensed); clerical error rectified | Appeal allowed in part.
What did the court decide?
Appeal allowed in part; judgment and award dated 25.07.2013 in MVC No.493/2011 modified; claimant's total compensation enhanced to Rs.75,440/- with interest at 6% p.a. from the date of petition till realization (as against Rs.40,440/-); per the rectification order dated 10.09.2025 in I.A.No.1/2025 (allowed), the owner of the offending vehicle (not the Insurance Company) is directed to deposit the amount within eight weeks of receipt of a certified copy; trial court records to be sent back with a copy of the judgment; no order as to costs; award to be drawn accordingly.