Smt.Sajani @ Sanjani Esaballa Vs Sri.H.Hulugappa S/O Hanumanthappa

SRI. H.HULUGAPPA S/O HANUMANTHAPPA AGE. 25 YEARS, OCC. DRIVER OF THE TRACTOR AND TRAILER BEARING REG NO.KA.16/TA-3994-TA-3995, R/O PAKKURTHI VILLAGE, RAMAPURA POST, TQ. MOLAKALMURU, DT. CHITRADURGA-577535.

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SRI. HANUMANTHAPPA REDDY S/O POLI HULIYAPPA AGE. 68 YEARS, OCC. OWNER OF THE TRACTOR AND TRAILER BEARING REG NO.KA.16/TA-3994-TA-3995, R/O PAKKURTHI VILLAGE, RAMAPURA POST, TQ. MOLAKALMURU, DT. CHITRADURGA-577535.

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…RESPONDENTS

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Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench

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(NOTICE TO R1 DISPENSED WITH; NOTICE TO R2 SERVED)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLE ACT 1988, PRAYING TO, THE JUDGMENT AND AWARD DATED 29.03.2019 IN MVC NO.1188/2016 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND MEMBER, MACT-III BALLARI MAY KINDLY BE MODIFY BY ENHANCING THE COMPENSATION AND ALLOW THE CLAIM PETITION BY ALLOWING THE APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS MFA HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 05.02.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE K.MANMADHA RAO

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MFA No.103858 of 2019

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CAV JUDGMENT

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This appeal is filed by the claimant being aggrieved by the judgment and award dated 29.03.2019 passed by the Principal Senior Civil Judge and CJM and Member, MACT–III, Ballari, in MVC No.1188/2016, insofar as the quantum of compensation awarded is concerned.

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The claimant filed the claim petition contending that she sustained injuries and her vehicle suffered damage in a motor vehicle accident involving the tractor and trailer bearing registration Nos. KA-16/TA-3994 and KA-16/TA-3995. The Tribunal, after considering the evidence placed on record, awarded a total compensation of ₹10,651/- with interest at 6% per annum.

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Being dissatisfied with the said compensation, the claimant has preferred the present appeal contending that the compensation awarded under all heads is meager and does not adequately compensate the loss suffered by her.

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I have carefully considered the judgment and award passed by the Tribunal and the grounds urged in the memorandum of appeal. The occurrence of the accident and the

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MFA No.103858 of 2019

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liability are not in dispute before this Court. The only grievance of the claimant relates to the quantum of compensation.

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On perusal of the records, it is seen that the Tribunal has awarded compensation based on the material available on record. However, considering the nature of the injuries sustained and the damage caused to the vehicle, this Court is of the view that the claimant is entitled to a modest enhancement.

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Having regard to the facts and circumstances of the case, this Court deems it appropriate to enhance the compensation by a lump sum of ₹5,000/-, which would meet the ends of justice.

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Accordingly, the claimant shall be entitled to a total compensation of ₹15,651/- (₹10,651/- + ₹5,000/-). The enhanced amount of ₹5,000/- shall carry interest at the same rate as awarded by the Tribunal.

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