Partly allowed¶34

Appannagowda @ Appannigowda v. the Divisional Controller

Karnataka HC25 Apr 2026MFA/9099/2019

Case brief

AI extract

What is this about?

Enhancement of compensation; death of cow; KSRTC bus negligence; MVC.No.1519/2018; Additional MACT Hassan; M.F.A. No.9099/2019 (MV-D); S.173(1) MV Act; additional compensation Rs.25,000/-; interest 6% p.a. from date of petition; Tribunal award Rs.50,000/- at 9%; post mortem Ex.P6; cow value Rs.46,000/-; Justice Vijaykumar A. Patil; High Court of Karnataka; decided 25.04.2026; NC: 2026:KHC:23034.

What did the court decide?

Additional compensation of Rs.25,000/- over the Tribunal's award of Rs.50,000/-, carrying interest at 6% per annum from the date of petition till realization; respondent/insurer to deposit before the Tribunal within eight weeks and amount to be released to appellant; Registry to draw modified award. ¶34

Appannagowda @ Appannigowda Vs the Divisional… — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

¶34

Issue for consideration

Whether the appellant is entitled to enhancement of the compensation awarded by the Tribunal for the death of the cow, having regard to the value of the cow and the expenses incurred by the claimant.

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Court's answer

Taking into account that the approximate value of a cow in 2017 was not less than Rs.50,000/- and the appellant's additional expenses towards post mortem, travel and filing of the claim petition, the ends of justice are met by awarding an additional compensation of Rs.25,000/-.

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Ratio / Principle

The impugned judgment and award of the Tribunal is modified to the aforesaid extent.

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Key takeaways

The additional compensation shall carry interest at the rate of 6% per annum from the date of petition till realization.ratio¶29
Appeal partly allowed; the respondent/insurer shall deposit the additional compensation with accrued interest before the Tribunal within eight weeks of receipt of certified copy, for release to the appellant; Registry to draw modified award.ratio¶34

Detailed headnote1 paragraphs

MFA under S.173(1) MV Act by the claimant seeking enhancement of the Tribunal's award of Rs.50,000/- (interest 9% p.a.) for the death of a cow on 28.08.2017 in an accident not in dispute as caused by the actionable negligence of a KSRTC bus driver. The Court held that the approximate value of a cow in 2017 was not less than Rs.50,000/- and, additionally factoring the claimant's expenses on post mortem, travel and filing of the claim petition, awarded further compensation of Rs.25,000/- with interest at 6% p.a. from the date of petition till realization. The impugned judgment and award of the Additional MACT, Hassan was modified to that extent; the appeal stands partly allowed, with the respondent/insurer (KSRTC) directed to deposit the additional amount with accrued interest before the Tribunal within eight weeks for release to the appellant, and the Registry directed to draw a modified award.

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NC: 2026:KHC:23034 M.F.A. No.9099/2019

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF APRIL, 2026 BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.9099/2019 (MV-D)

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BETWEEN:

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APPANNAGOWDA @ APPANNIGOWDA S/O NINGEGOWDA AGED ABOUT 41 YEARS R/AT HEGGADIHALLI VILLAGE SHANTHIGRAMA HOBLI HASSAN TALUK AND DIST -57.

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Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA

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(BY SRI. ABHIJITH M.M. ADV.,)

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AND:

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…APPELLANT

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THE DIVISIONAL CONTROLLER KSRTC, MANGALURU DIVISION REP. BY KSRTC HASSAN DIVISION, HASSAN.

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…RESPONDENT

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(BY SRI. F.S. DABALI, ADV.,)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.12.04.2019 PASSED IN MVC NO.1519/2018 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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NC: 2026:KHC:23034 M.F.A. No.9099/2019

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HC-KAR

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

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ORAL JUDGMENT

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This appeal is filed by the appellant challenging the judgment and award dated 12.04.2019 passed in MVC.No.1519/2018 by the V Additional District and Sessions Court and Additional MACT, Hassan (for short ‘the Tribunal’).

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Heard Sri.Abhijith M.M., learned counsel

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appearing for the appellant, Sri.F.S.Dabali, learned counsel for the respondent and perused the material available on record.

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The appellant filed a claim petition seeking compensation for the death of a cow on 28.08.2017. In support of the claim, the appellant adduced both oral and documentary evidence. The Tribunal, considering the material on record awarded compensation of Rs.50,000/with interest at the rate of 9% per annum. It is to be noticed that Ex.P6 is the post mortem report of a cow, the

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3 - NC: 2026:KHC:23034 M.F.A. No.9099/2019

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HC-KAR

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said report indicates that the appellant himself has stated that the cost of the cow is Rs.46,000/-. It is not in dispute that the accident occurred due to actionable negligence of the driver of the KSRTC bus, resulting in the death of the cow. Taking note of the oral and documentary evidence and keeping in mind that the approximate value of a cow in the year 2017 would not be less than Rs.50,000/- and also taking note of the fact that the additional expenses incurred by the appellant towards post mortem, travel and filing of the claim petition, I am of the view that the ends of justice would be met if an additional compensation of Rs.25,000/- is awarded. Accordingly, the appellant is entitled to an additional sum of Rs.25,000/- as compensation.

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The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization.

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NC: 2026:KHC:23034 M.F.A. No.9099/2019

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HC-KAR

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In modification of the impugned judgment and

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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 to draw modified award accordingly.

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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ABK List No.: 1 Sl No.: 40

Appannagowda @ Appannigowda v. the Divisional Controller

Case brief

What is this about?

What did the court decide?

Appannagowda @ Appannigowda v. the Divisional Controller

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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