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2025 DAILYLAW 33427 (KAR)

SMT. SARAMMA v. SHRIRAM GENERAL INSURANCE COMPANY LTD.,

MFA/7066/2023 · 2025-04-22

Lalitha Kanneganti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:16788 MFA No. 7066 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7066 OF 2023 (MV-D) BETWEEN: 1. SMT. SARAMMA, W/O LATE NASIR, AGED 44 YEARS, 2. FATHIMA SHAMEERA, D/O LATE NASIR, AGED 25 YEARS, 3. SHAMAN, S/O LATE NASIR, AGED 20 YEARS, ALL ARE R/O NO. 8-145, SITE NO. 157, 8TH BLOCK, CHIKKABETTU, SURATHKAL, KATIPALLA, MANGALURU. …APPELLANTS (BY SRI. GURUPRASAD B.R, ADVOCATE) AND: 1. SHRIRAM GENERAL INSURANCE COMPANY LTD., D.NO. 14-2-101/6, 3RD FLOOR, PLAZA CHAMBERS, BALMATTA ROD, HAMPANAKATTA, MANGALORE - 575 001, REPRESENTED BY ITS MANAGER. 2. MR. TASLEEM K.S, S/O K.S. MOHAMMED, AGED 43 YEARS, R/O PROP, K.S. BAZAR MARKET ROAD, PADUBIDRI, UDUPI DIST. - 574 111. …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R1) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16788 MFA No. 7066 of 2023 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.07.2022 PASSED IN MVC NO.1882/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, DAKSHINA KANNADA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.1882/2016 dated 19.07.2022, by the Principal Senior Civil Judge & C.J.M. and M.A.C.T., at Mangaluru, D.K., the claimants are before this Court seeking enhancement of the compensation. 2. The claim petition was filed seeking compensation for the death of the deceased in the accident. The Tribunal had granted compensation of Rs.14,21,950/-. 3. Learned counsel appearing for the appellants- claimants submits that the Tribunal had failed to grant the reasonable compensation. It is submitted that the income was taken at Rs.9,500/- and the accident had taken place in the year 2016. Even on the 'conventional heads' also, the amount needs to be enhanced. - 3 - NC: 2025:KHC:16788 MFA No. 7066 of 2023 4. Learned counsel appearing for the respondent - Insurance Company submits that the Tribunal had rightly considered and granted the compensation. 5. Having heard the learned counsels on either side, perused the material on record. The Tribunal had taken the income at Rs.9,500/-. As the accident is of the year 2016, no enhancement can be granted in that regard and even on all the other heads also, the compensation that is awarded by the Tribunal is just and reasonable. In the considered opinion of this Court, no interference is required in this regard. i) Accordingly, the appeal is dismissed. ii) No costs. iii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 4 Sl No.: 21 CT: BHK