Partly allowed

Jayamma v. K Shekarappa

Karnataka HC5 Mar 2026MFA/1195/2020

Case brief

AI extract

What is this about?

Injured bus occupant with lumbar spine injuries appealed for enhancement of motor accident compensation. Court awarded an additional Rs.30,000/- with 6% interest, modifying the Tribunal's award, and partly allowed the appeal.

What did the court decide?

Additional compensation of Rs.30,000/- with 6% p.a. interest from the date of petition till realization; insurer to deposit before the Tribunal within eight weeks.

Jayamma Vs K Shekarappa — Insurance | Karnataka HC (2026)

¶1

1 - NC: 2026:KHC:13616 M.F.A. No.1195/2020

¶2

HC-KAR

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF MARCH, 2026

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.1195/2020 (MV-I)

¶6

BETWEEN:

¶7

Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA

¶8

JAYAMMA W/O VENKATARAMEGOWDA AGED ABOUT 62 YEARS R/O. BAVIKERE VILLAGE LAKKAVALLI HOBLI TARIKERE TALUK CHIKKAMAGALURU DISTRICT-577101. …APPELLANT

¶9

(BY SRI. MANJUNATH N.D. ADV.,)

¶10

AND:

¶11

K. SHEKARAPPA S/O KUMARAPPA AGED ABOUT 37 YEARS R/O. ATHIMOGGE VILLAGE TARIKERE TALUK CHIKKAMAGALURU DISTRICT-577101.

¶12

THE PRESIDENT SAHAKARA SARIGE SAMSTHE KOPPA.

¶13

UNITED INDIA ASSURANCE COMPANY LTD., CHIKKAMAGALURU -577101.

¶14

…RESPONDENTS

¶15

(BY SRI. JWALA KUMAR, ADV., FOR R3 V/O/DTD:26.09.2022, NOTICE TO R1 & R2 D/W)

¶16

2 - NC: 2026:KHC:13616 M.F.A. No.1195/2020

¶17

HC-KAR

¶18

THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 02.04.2019 PASSED IN MVC NO.251/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, MAMACT, TARIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶19

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶20

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

¶21

ORAL JUDGMENT

¶22

This appeal is filed by the injured appellant seeking

¶23

for higher compensation challenging the judgment and award dated 02.04.2019 passed in MVC.No.251/2017 by the Senior civil Judge and MAMACT, Tarikere, (for short 'Tribunal').

¶24

Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal.

¶25

Sri.Manjunath N.D., learned counsel appearing for the appellant submits that the Tribunal has committed a grave error in awarding a meager compensation of Rs.30,000/- under the heads of pain and suffering, food,

¶26

¶27

NC: 2026:KHC:13616 M.F.A. No.1195/2020

¶28

HC-KAR

¶29

attendant and conveyance charges without appreciating Ex.P6, the wound certificate and other documents available on record. Hence, he seeks to allow the appeal.

¶30

Per contra, Sri.Jwala Kumar, learned counsel for respondent No.3 supports the impugned judgment and award of the Tribunal and submits that the appellant was treated as an outpatient, sustained no injuries, underwent no surgery and has not suffered any disability. Considering the difficulty faced by the appellant, the compensation awarded by the Tribunal is just and proper, and does not call for any enhancement. Hence, he seeks to dismiss the appeal.

¶31

I have heard the arguments on both sides and meticulously perused the material available on record.

¶32

It is not in dispute that the appellant was proceeding in a bus insured with respondent No.3. On 07.12.2016, the driver of the bus drove the same in a rash

¶33

and negligent manner, as a result of which the appellant,

¶34

4 - NC: 2026:KHC:13616 M.F.A. No.1195/2020

¶35

HC-KAR

¶36

who was an occupant, fell from the seat and sustained injuries. Ex.P6, the wound certificate indicates that the appellant sustained traumatic compression collapse of L-1 and L-2, mild retrolisthesis of L-2 and L-3 and lumbar spondylotic changes. Considering the same, the Tribunal awarded compensation of Rs.38,000/- which includes medical expenses.

¶37

The claim petition indicates that the appellant initially received treatment at Government Hospital, Tarikere and thereafter, at Mc.Gann Hospital, Shivamogga. Considering the nature of injuries sustained and as per Ex.P9, I am of the considered view that if an additional compensation of Rs.30,000/- is awarded, the interest of justice would be met. Accordingly, the appellant is entitled to an additional sum of Rs.30,000/- as compensation.

¶38

The impugned judgment and award of the

¶39

Tribunal is modified to the aforesaid extent. The additional

¶40

5 - NC: 2026:KHC:13616 M.F.A. No.1195/2020

¶41

HC-KAR

¶42

compensation amount shall carry interest at the rate of

¶43

6% per annum from the date of petition till realization.

¶44

In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed . The respondent/insurer shall deposit the additional compensation amount with accrued interest before the Tribunal within eight weeks from the date of receipt of certified copy of this judgment. On such deposit, the same shall be released in favour of the appellant. Registry is directed to transmit the TCR to the Tribunal forthwith to draw modified award accordingly.

¶45

Sd/(VIJAYKUMAR A. PATIL) JUDGE

¶46

ABK List No.: 1 Sl No.: 17

Jayamma v. K Shekarappa

Case brief

What is this about?

What did the court decide?

Jayamma v. K Shekarappa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri C R Srinivas Vs Smt Rajashree

Shashank Y P Vs Dileep J P

Sri Malledevirappa Vs Sri Sadashiva

Sri Sumanth R Vs Icici Lombard General

Nagaraj S P Vs Pranesh v Managooli

Smt Manjula Vs Sri Srinivas B v