Rathnamma Vs Ganesh

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.04.2021 PASSED IN MVC NO. 63/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T., JMFC, HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 4066/2021

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BETWEEN:

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RAVI @ S RAVIKUMAR S/O. SOMAPPA, AGED ABOUT 30 YEARS AGRICULTURIST, R/O. KUNUGALI VILLAGE, HOLALKERE TALUK-577 526

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...APPELLANT

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(BY SRI. R SHASHIDHARA, ADVOCATE)

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AND:

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GANESH S/O. THIMMAPPA, AGED ABOUT 27 YEARS R/O. PUNAJUR VILLAGE, HOLALKERE TALUK-577 526, OWNER OF TATA ACE, BEARING NO.KA-16/C-7864

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THE DIVISINAL MANAGER TATA AIG GENERAL INSURANCE CO LTD, 2^ND FLOOR, J.P & DEVI JAMBAKESHWARA ARCADE, 69 METERS ROAD, BENGALURU-560 052

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...RESPONDENTS

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(BY SRI. B. PRADEEP, ADVOCATE FOR R2,

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3 - NC: 2026:KHC:35631 MFA No. 4602 of 2021 C/W MFA No. 4066 of 2021

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HC-KAR

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VIDE ORDER DATED 13/07/2026, NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.04.2021 PASSED IN MVC NO. 64/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC AND M.A.C.T, HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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Both these appeals are by the claimants seeking enhancement of compensation awarded by common judgment dated 09.04.2021 arising out of accident occurred on 08.03.2018, in which, the claimants were pedestrians. Accordingly, the claimant in MVC.No.63/2019 filed MFA No.4602/2021 and claimant in MVC.No.64/2019 filed MFA No.4066/2021.

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IN MFA.NO.4602/2021:

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The claimant, being dissatisfied with the global compensation of Rs.12,000/- with interest at the rate of 6% per annum awarded by the Tribunal in MVC No.63/2019, is in appeal.

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HC-KAR

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The fact that the accident occurred and the further

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fact that the offending vehicle was insured is not in dispute.

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Having regard to the nature, gravity and the lasting

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effects of the injuries suffered by the claimant, I deem it appropriate that instead of enhancing the sum under each head, it would be just and appropriate to award additional compensation of Rs.50,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.12,000/-. Thus, the claimant is held entitled to the total compensation of Rs.62,000/- as against Rs.12,000/-. However, no interest is awarded in respect of global compensation of Rs.50,000/-.

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The Insurance Company is directed to deposit the

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amount of additional compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.

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Accordingly, in modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed.

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5 - NC: 2026:KHC:35631 MFA No. 4602 of 2021 C/W MFA No. 4066 of 2021

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HC-KAR

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IN MFA NO.4066/2021:

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The claimant, being dissatisfied with the compensation of Rs.2,05,192/- awarded by the Tribunal in MVC No.64/2019, is in appeal.

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The fact that the accident occurred and the further

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fact that the offending vehicle was insured is not in dispute.

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The Tribunal, on assessment of evidence, has

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awarded the following sums as compensation:

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Sl. No.	Particulars	Amount in(Rs.)
1.	Towards medical expenses	1,65,192
2.	Towards pain and suffering	25,000
3.	Towards loss of amenities and happiness and frustration of life	10,000
4.	Towards conveyance, attendant, food,nourishment charges	5,000
	Total	2,05,192

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Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.25,000/- awarded by the Tribunal and having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards 'loss of

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HC-KAR

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amenities' , as against Rs.10,000/- and Rs.10,000/- towards 'conveyance, attendant charges, food and nourishment' as against Rs.5,000/- awarded by the Tribunal.

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The Tribunal has not awarded any sum towards 'loss of income laid up period' . Having to the nature of injuries suffered and treatment taken by the claimant, I deem it appropriate to award Rs.25,000/- towards 'loss of income during laid up period' .

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The sum of Rs.1,65,192/- awarded by the Tribunal towards 'medical expenses' , being based on documentary evidence, is affirmed

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Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following

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compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
1.	Towards medical expenses	1,65,192	1,65,192
2.	Towards pain and suffering	25,000	50,000

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HC-KAR

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3.	Towards loss of amenities and happiness and frustration of life	10,000	30,000
4.	Towards conveyance, attendant, food, nourishment charges	5,000	10,000
5.	Loss of income during laid up period	-	25,000
	Total	2,05,192	2,80,192

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Accordingly, the claimant is held entitled to the total compensation of Rs.2,80,192/- as against Rs.2,05,192/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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The Insurance Company is directed to deposit the amount of compensation within a period of six weeks from the date of receipt of a copy of this judgment.

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The appeal is accordingly allowed in part .

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SD/(RAJESH RAI K) JUDGE

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HKV List No.: 1 Sl No.: 50

Rathnamma v. Ganesh

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Rathnamma v. Ganesh

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