Nagarathnamma G Vs Mallikarjuna

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1 - NC: 2025:KHC:46777 MFA No. 1980 of 2021

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 1980 OF 2021

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BETWEEN:

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NAGARATHNAMMA G W/O G. THIMMAPPA AGE 61 YEARS MILK VENDING BUSINESS AND HOUSE HOLD WORK, PRESENT NIL, R/O HADADI VILLAGE DAVANAGERE TALUK AND DISTRICT - 577 001. …APPELLANT

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(BY SRI. R. SHASHIDHARA, ADVOCATE)

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AND:

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MALLIKARJUNA

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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S/O ERAPPA AGED ABOUT 31 YEARS, DRIVER OF SMR BUS BEARING NO.KA-18/B-9825 R/O BETEKERUR VILLAGE, HIREKERUR TALUK HAVERI DISTRICT - 581 111.

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K.K. BALAKRISHNA S/O KRISHNABHAT AGED ABOUT 69 YEARS OWNER OF SMR BUS BEARING NO.KA-18/B-9825/ R/O ANNAPURNESHWARI TRANSPORT HORANADU ROAD, KALASA VILLAGE

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2 - NC: 2025:KHC:46777 MFA No. 1980 of 2021

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HC-KAR

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MOODIGERE TALUK, CHIKKAMAGALU DISTRICT - 577 123.

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THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO.LTD. DIVISIONLA OFFICE 34/3, MMK COMPLEX, AKKAMAHADEVI ROAD P.J. EXTENSION, DAVANAGERE - 577 001

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…RESPONDENTS

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(BY SRI. RAVISH BENNI, ADVOCATE FOR R3; VIDE ORDER DATED 19.10.2022, NOTICE TO R1 AND R2 IS DISPENSED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.01.2020 PASSED IN MVC NO.673/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, 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 UMESH M ADIGA

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ORAL JUDGMENT

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This appeal is filed by the claimant being aggrieved by the judgment and award dated 18^th January 2020, passed by the Principal Senior Civil Judge and Member, MACT-IV, Davanagere, (for short `Tribunal'), in MVC No.673/2019, seeking enhancement of compensation.

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3 -

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NC: 2025:KHC:46777 MFA No. 1980 of 2021

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HC-KAR

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Though this appeal is slated for admission, with the consent of learned counsel for both the sides, it is taken up for final disposal.

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For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

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The brief facts of the case are that, on 17.10.2018, the claimant met with an accident while traveling in a car bearing registration No.KA-17/4638 near Lakkundi Cross, Agumbe Hobli, due to rash and negligent driving of the bus bearing registration No.KA-18-B-9825. As a result, the claimant sustained grievous injuries. With these reasons, she prayed to award compensation of Rs.5,00,000/-.

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Respondent No.3 denied petition averments and denied its liability to pay the compensation and prayed to dismiss the petition.

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From the rival contentions of the parties, the Tribunal framed necessary issues, for its determination.

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The claimant to prove his case examined two witnesses as PW-1 and PW-2 and marked 13 documents, as per

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4 -

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NC: 2025:KHC:46777 MFA No. 1980 of 2021

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HC-KAR

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Exs.P-1 to P-13. Respondents have not examined any witness

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but marked document as Ex.R-1.

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The Tribunal after hearing both parties and

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appreciating the evidence on record, held that the accident occurred due to rash and negligent driving of the bus by its

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driver and awarded the following amount of compensation:

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Particulars	Amount in Rs.
Pain and suffering	30,000/-
Food and nourishment, conveyance and attendant charges	4,000/-
Loss of income during laid up period	27,000/-
Medical expenses	12,500/-
Loss of earning due to disability	52,920/-
Loss of amenities and unhappiness	10,000/-
Total	1,36,420/-

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Being dissatisfied by the amount of compensation

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awarded by the Tribunal, the claimant has preferred this appeal.

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5 -

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NC: 2025:KHC:46777 MFA No. 1980 of 2021

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HC-KAR

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The fact of the accident and the injuries sustained

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by the claimant are not in serious dispute. Therefore, there is no need to reconsider the same.

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Looking at the materials placed on record, the amount of compensation awarded on most of the heads is on the lower side. Learned counsel for the appellant contends that the Tribunal has assessed the income of the claimant as Rs.9,000/- as against Rs.20,000/- claimed by the appellant. He further submits that even if the chart prepared by the KSLSA is considered, it is on the lower side. The said contention is acceptable. Following the chart of notional income prepared by the KSLSA, the income of the claimant is taken as Rs.12,500/per month. Undisputedly, the multiplier applicable in the case in hand is '7'. PW-2 has assessed disability to an extent of 20% to the right limb. The Tribunal has taken it as 7% to the whole body and this doesn't call for any interference.

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The claimant was aged about 61 years at the time of accident and she took treatment as inpatient for four days. Considering her age as well as nature of injuries, she must have lost some of the amenities available to a healthy persons,

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6 - NC: 2025:KHC:46777 MFA No. 1980 of 2021

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HC-KAR

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which requires to be compensated. Accordingly, the claimant is

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entitled to the following amount of compensation:

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Particulars	Amount in Rs.
Pain and suffering	40,000/-
Food and nourishment, conveyance and attendant charges	25,000/-
Loss of income during laid up period (12,500x3)	37,500/-
Medical expenses	12,500/-
Loss of earning capacity due to disability (12,500x12x7x7%)	73,500/-
Loss of amenities and unhappiness	30,000/-
Total	2,18,500/-
Amount awarded by the Tribunal	1,36,420/-
Enhancement-	*82,080/-*

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The claimant is entitled to interest on the said

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amount at the rate of 6% per annum from the date of claim petition till its realisation. Undisputedly, respondents are liable to pay the said amount.

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In the result, I proceed to pass the following:

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ORDER

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i) The Appeal is allowed in part .

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7 - NC: 2025:KHC:46777 MFA No. 1980 of 2021

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HC-KAR

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ii) The judgment and award dated 18^th January 2020, passed in MVC.No.673/2019, by the Principal Senior Civil Judge and Member, MACTIV, Davanagere, stands modified;

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iii) The claimant is entitled to enhanced compensation of Rs.82,080/-, with interest at the rate of 6% p.a. from the date of petition till its realization.

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iv) The respondent No.3 - Insurance Company shall deposit the amount within a period of six weeks from the date of award.

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v) The enhanced compensation is marginal. Therefore, entire amount is ordered to be released in favour of claimant on due identification.

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vi) Draw award accordingly.

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Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal.

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Sd/(UMESH M ADIGA) JUDGE

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AMA List No.: 1 Sl No.: 30

Nagarathnamma G v. Mallikarjuna

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Nagarathnamma G v. Mallikarjuna

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