Karnataka High Court

MFA/5096/2020 of SMT NIRMALA BAI Vs MALLIKARJUNA K N on 28 September 2026

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CNR: KAHC010364152020 NC: 2026:KHC:53534 MFA No. 5096 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH MISCELLANEOUS FIRST APPEAL NO. 5096 OF 2020 (ECA) BETWEEN: 1. SMT. NIRMALA BAI, W/O NARAYANANAIK,

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH

MISCELLANEOUS FIRST APPEAL NO. 5096 OF 2020 (ECA)

BETWEEN:

1.

SMT. NIRMALA BAI,

W/O NARAYANANAIK,

AGED ABOUT 47 YEARS,

MOTHER OF DECEASED

N. SUNIL KUMAR.

2.

NARAYANANAIK,

S/O LATE THIPPA NAIK,

AGED ABOUT 55 YEARS,

FATHER OF DECEASED

N.SUNIL KUMAR.

NATIVE OF PANJAYYUANAHATTI,

CHITRADURGA TALUK.

NOW R/AT C/O SHEKHARNAIK,

CHINNASAMUDRA GRAMA,

DAVANGERE TALUK AND DISTRICT.

…APPELLANTS

(BY SRI. SREE HARSHA A. K., ADVOCATE)

AND:

1.

MALLIKARJUNA K. N.,

S/O NANJUNDAPPA,

Digitally

signed by

SUSHMA

LAKSHMI B

S

Location:

High Court of

Karnataka

HC-KAR

OWNER OF TRACTOR AND TRAILER

BEARING REG. NO.KA17/T-9569

KA16/T-1067,

R/AT HEMANAGHATTA VILLAGE,

CHITRADURGA TALUK.

2.

SRIRAM GEN INS. CO. LTD.,

REP. BY ITS MANAGER,

E/8, SEETAPURA,

JAIPUR, RAJASTAN,

POLICY SERVICING OFFICE:

NO.302, 1ST FLOOR, DOOR NO.85/2,

AMS COMPLEX,

OPP. NANDI PETROL BUNK, P.B ROAD

DAVANGERE – 577 001.

…RESPONDENTS

(BY SMT. SPOORTHY HEGDE N., ADVOCATE FOR R1; SRI. B. PRADEEP., ADVOCATE FOR R2)

----

THIS MFA IS FILED U/S.30(1) OF THE EMPLOYEES

COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD

DATED 05.03.2020, PASSED IN ECA NO.4/2019, ON THE FILE

OF THE III-ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C.

AND VI-M.A.C.T. AT DAVANAGERE, PARTLY ALLOWING THE

CLAIM

PETITION

FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT OF COMPENSATION.

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

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

HC-KAR

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ORAL JUDGMENT

This appeal has been filed by the appellants seeking enhancement of compensation being aggrieved by the judgment and award dated 05.03.2020 passed in ECA.No.4/2019 on the file of the III Additional Senior Civil Judge and VI MACT, Davanagere, wherein, the Tribunal awarded compensation of a sum of Rs.8,72,640/- with interest at the rate of 12% per annum.

2. On going through the averments of the appeal and also grounds for enhancement, it appears that the Tribunal has not committed any error to interfere with the said findings. Hence, I proceed to pass the following:

ORDER

The appeal stands dismissed.

Sd/- (S RACHAIAH) JUDGE

NR/- List No.: 1 Sl No.: 10

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