Smt. K Kamaladevi Vs Mr. Chethan M N

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NC: 2025:KHC:40774 MFA No. 8678 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE UMESH M ADIGA MFA NO. 8678 OF 2022 (MV-I)

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BETWEEN:

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SMT. K KAMALADEVI W/O G. HANUMANTHARAYA NOW AGED ABOUT 62 YEARS R/T NO 1000, SINDHI APARTMENT HOUSE NO.004, 9^TH CROSS

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HMT MAIN ROAD NEAR II SC D GATE DIWNARAPALYA BENGALURU NORTH BENGALURU MSRIT BENGALURU - 560 054 …APPELLANT

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Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA

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(BY SRI. CHANDRASHEKARAIAH B., ADVOCATE)

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AND:

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MR. CHETHAN M N S/O MANJE GOWDA R/AT NO 46 METIMELLAHALLI NAGAMANGALA TALUK MANDYA DISTRICT 571432

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HC-KAR

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MR M R TULSOJI RAO R S/O RAMA RAM AGED OF R2 NOT KNOWN TO APPELLANT NO 8, 11^TH C ROSS LAKSHMAIAH BLOCK GANGANAGAR BENGALURU 560 024

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UNITED INDIA INSURANCE COMPANY LTD., NO 687/B CBI MAIN ROAD GANGANAGAR BENGALURU 560 032 BY ITS MANAGER

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…RESPONDENTS

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(BY SRI.M.ARUN PONAPPA, ADVOCATE FOR R-3; VIDE ORDER DATED 12/04/2023 NOTICE TO R-1 AND R-2 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.09.2019 PASSED IN MVC NO.4740/2017 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), 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 UMESH M ADIGA

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HC-KAR

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant being aggrieved by the judgment and award dated 20.09.2019, passed by the learned III Addl. Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH-18) (for short `Tribunal'), in MVC No.4740/2017, seeking enhancement of compensation.

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With the consent of both the parties, the matter 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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Brief facts of the case are that, on 09.05.2017 at around 9.30 a.m., the claimant met with an accident while traveling in an Autorickshaw bearing Reg.No.KA-05AD-7312 at Indiranagar, Bengaluru, due to rash and negligent driving of Innova Car bearing Reg.No.KA-04-AA -3799. Due to the said accident she sustained the fracture of left humerus. Due to the said injuries, she underwent

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NC: 2025:KHC:40774 MFA No. 8678 of 2022

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HC-KAR

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surgery and has suffered permanent disability. With these reasons, the claimant has prayed for awarding of compensation of Rs.20,00,000/-.

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Vide order dated 12.04.2023, the issuance of

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notice to respondent Nos. 1 and 2 is dispensed with.

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Respondent No.1 is the owner and Respondent No.3 is the insurer of the offending vehicle. Respondents No. 1 and 3 have filed their written statement denying the contents of the claim petition. Respondent No.3 denied its liability to pay the compensation. With these reasons, prayed to dismiss the claim petition.

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From the rival contentions of the parties, the Tribunal framed necessary issues, for its determination and recorded the evidence of the claimant.

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The claimant to prove her case, examined herself as P.W.1 and got marked 25 documents, as Exs.P.1 to 25.

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HC-KAR

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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 negligence of the driver of the offending vehicle and assessed the following amount of

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compensation:

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Particulars	Amount in Rs.
Reduced eligibility of employment due	70,000/-
to disability or damages due to disability
Pain and sufferings	40,000/-
Loss of amenities	20,000/-
Attendant, nourishment and conveyance charges	5,000/-
Medical expenses	66,200/-
Loss of income during laid up period and rest period	35,000/-
Future medical expenses	20,000/-
Total	2,56,200/-

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10. Heard the arguments of learned counsel Sri. Chandrashekaraiah B, for the appellant and

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NC: 2025:KHC:40774 MFA No. 8678 of 2022

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HC-KAR

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Sri. M. Arun Ponappa, learned counsel for respondent No.3.

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11. Learned counsel for the appellant submits that

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the amount of compensation awarded by the Tribunal is very meagre. The Tribunal has not awarded just compensation for the loss of income in respect of leave availed by her. She took leave for 54 days and her salary is Rs.61,000/- for the said period. But the Tribunal has awarded only Rs.35,000/-. The Tribunal has not awarded just compensation towards loss of amenities, attendant charges and special diet etc. Even the amount of compensation awarded towards pain and sufferings is also very less. Therefore, he prays for enhancement of compensation under the said heads.

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12. Learned counsel for respondent No.3 vehemently contends that the Tribunal awarded Rs.70,000/- towards damages due to disability. He further contends that awarding the compensation under the said

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HC-KAR

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head is not permissible. Especially, in this case, the claimant is a government servant and she is aged about 57 years at the time of accident, as such, the question of reemployment may not arise. Therefore, the said compensation amount awarded by the Tribunal is erroneous. He further contends that under the other heads, the Tribunal has awarded just compensation and does not call for any interference by this Court. Hence, learned counsel for respondent No.3 prays to dismiss the appeal.

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13. The fact of the accident and the injury

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sustained by the claimant are not in dispute. The Tribunal appreciated the materials on record and held that the accident occured due to negligence of the driver of the offending vehicle, resultantly, the claimant sustained injuries as mentioned in the impugned judgment.

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NC: 2025:KHC:40774 MFA No. 8678 of 2022

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HC-KAR

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14. It may be true that the compensation awarded under the head reduced eligibility of employment due to disability may not be permissible looking at the facts of the present case. But respondent No.3 has not challenged the impugned judgment. Instead of the amount of compensation awarded under some other heads, the Tribunal has awarded the said amount under the head reduced eligibility of employment due to disability. In view of the facts of the case, there is no necessary to interfere with the said findings.

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15. Looking at the grounds of the appeal and the amount of compensation awarded by the Tribunal, under the head loss of amenities and incidental expenses are on the lower side. Admittedly, the claimant is a government servant and she was aged 57 years at the time of accident. She sustained fracture of left humerus. Due to permanent disability, she must have lost some of amenities of life. Since, the claimant is not entitled for the compensation for loss of earning capacity due to

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NC: 2025:KHC:40774 MFA No. 8678 of 2022

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HC-KAR

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permanent disability, the Tribunal ought to have awarded more compensation towards loss of amenities.

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16. The claimant had taken treatment as an inpatient and she underwent surgery. Considering the said facts, the Tribunal ought to have awarded just compensation under the head special diet, attendant charges and conveyance charges.

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17. Considering the facts and circumstances of the present case, global compensation of Rs. 50,000/- is enhanced under the aforesaid heads in addition to the amount awarded by the Tribunal.

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The claimant is entitled for interest at the rate of 6% p.a. on the enhanced amount of compensation from the date of petition till its realization subject to denial of interest for the delayed period of 377 days in filing the appeal.

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18(a). Respondents No. 1 and 3 are jointly and severally liable to pay the said amount.

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NC: 2025:KHC:40774 MFA No. 8678 of 2022

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HC-KAR

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Accordingly, 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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ii. The judgment and award dated 20.09.2019, passed in MVC No.4740/2017 by the learned III Addl. Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH18) stands modified.

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iii. The claimant is entitled to enhancement of global compensation of Rs.50,000/-, with interest at the rate of 6% p.a. on the enhanced amount, from the date of petition till its realization subject to denial of the interest for the delayed period of 377 days in filing the appeal.

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NC: 2025:KHC:40774 MFA No. 8678 of 2022

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