Karnataka High Court
MFA/7128/2025 of SMT. LAKSHMAMMA Vs SRI JAGADEEHSHA on 17 June 2026
NC: 2026:KHC:29549 MFA No. 7128 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.7128 OF 2025(MV-I) BETWEEN: SMT. LAKSHMAMMA, W/O VENKATACHALAIAH, AGED ABOUT 57 YEARS, R/AT
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JUNE, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCELLANEOUS FIRST APPEAL NO.7128 OF 2025(MV-I)
BETWEEN:
SMT. LAKSHMAMMA,
W/O VENKATACHALAIAH,
AGED ABOUT 57 YEARS,
R/AT KAGIMADU VILLAGE,
ADARANGI POST, MAGADI TALUK,
RAMANAGARA DISTRICT,
MAGADI – 561 101.
…APPELLANT
(BY SRI. THIPPESWAMY B.C., ADVOCATE)
AND:
1.
SRI. JAGADEEHSHA,
S/O MAHANTHAIAH,
KAGIMADU VILLAGE,
ADARANGI POST, KUDUR HOBLI,
MAGADI TALUK, RAMANAGARA DISTRICT
(INSURED OF TRACTOR
BEARING NO. KA-34-TA-2391)
2.
SHRIRAM GENERAL INSURANCE CO., LTD.,
NO. 5-5, 3RD FLOOR,
MONARCH CHAMBERS,
INFANTRY ROAD, BENGALURU - 560 001.
(INSURER OF TRACTOR
BEARING NO. KA-34-TA-2391)
…RESPONDENTS
(BY SRI. B. PRADEEP, ADVOCATE FOR R2,
R1 SERVED)
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:15.02.2025
PASSED IN MVC NO.2037/2020 ON THE FILE OF THE VII
ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT-3, COURT OF SMALL CAUSES, BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
This appeal is by the claimant seeking enhancement of compensation, arising out of judgment and award dated 15.02.2021 in MVC.No.2037/2020 passed by the VII Additional SCJ and ACJM, Member, MACT-3, Bengaluru.1
2. The date of accident, involvement of vehicle, injuries sustained by the claimant and the liability to pay the compensation are not in dispute. The only dispute is with regard to quantum of compensation.
1 ‘Tribunal’ for short
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3. The parties are referred to as per their ranking before the Tribunal.
4. Heard, Sri.Thippeswamy B.C, learned counsel for the appellant and Sri.B.Pradeep, learned counsel for respondent No.2-Insurer. Respondent No.1 though served remained unrepresented.
5. Sri. Thippeswamy B.C, learned counsel with all vehemence submits that as per Ex.P6 Wound Certificate, the claimant has suffered fracture of left body of Mandible B/L ZF-NOE-Zygomatic Arches-Dentoalvveolar Frontal bone fracture with right eye Globe rupture and other bleeding injuries all over the body and as per the opinion of the Doctor the injuries suffered are grievous in nature. The Tribunal has awarded total compensation of Rs.1,67,240/- out of which, Rs.77,240/- is towards medial expenses. The compensation awarded under other heads are inadequate and requires re-consideration.
6. Though Sri. B.Pradeep, opposed the arguments of Sri. Thippeswamy B.C, however he is not in serious
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dispute with regard to the fractures suffered, the period of treatment taken i.e., for 21 days as inpatient, as well as the medical expenses.
7. Having considered the rival submissions and in view of the fractures suffered and the opinion of the Doctor as per Ex.P6, if a global compensation of Rs.50,000/- is awarded along with 6% interest p.a., from the date of petition till realization, the same would meet the ends of justice. For the foregoing reasons, this Court proceeds to pass the following:
ORDER
i) Appeal is allowed-in-part. ii) The judgment and award dated 15.02.2021 in MVC.No.2037/2020 passed by the VII Additional SCJ and ACJM, Member, MACT-3, Bengaluru, is modified and enhanced to Rs.50,000/- at 6% p.a., from the date of petition till realization.
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iii) The respondent No.2/Insurer shall deposit entire compensation amount along with interest within a period of six weeks from the date of receipt of copy of this order before the concerned Tribunal. iv) Upon deposit, the entire amount shall be released in favour of the claimant on proper identification.
Sd/- (T.M.NADAF) JUDGE
PK List No.: 1 Sl No.: 21