- 1 - NC: 2025:KHC:17746 MFA No. 6496 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.6496 OF 2024 (MV-I) BETWEEN: DINESHA S. S/O.SWAMY S.D. AGED ABOUT 32 YEARS R/AT NO.85, SIDAPURA KONEHALLI POST KASABA HOBLI TIPUR TQ., TUMKUR DIST. TIPTUR-572 201 DEAD BY LRS. 1. SMT.KAVITHA D. W/O.DINESHA S. AGED ABOUT 38 YEARS 2. MASTER ULLAS D. S/O.DINESHA S. NOW AGED ABOUT 14 YEARS SINCE MINOR REP.BY A-1, SMT.KAVITHA D. HIS MOTHER AND NATURAL GUARDIAN BOTH ARE R/AT SIDDAPURA TIPTUR TLAUK KONEHALLI, HLV ROAD TIPTUR, TUMKURU DISTRICT-572 201 …APPELLANTS (BY SRI B.CHANDRASHEKARAIAH, ADVOCATE) AND: 1. SMT.RUKMINI W/O.MUNIYA BOVI BIDARE KAVALU ARSIKERE Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17746 MFA No. 6496 of 2024 HASSAN-573 164 2. SHRIRAM GENERAL INSURANCE COMPANY LTD. REGIONAL OFFICE THE ESTATE, 9TH FLOOR DICKENSON ROAD, M.G.ROAD BENGALURU-560 042 BY ITS MANAGER 3. MR.HUCCHAPPA H.D. S/O.LATE DODDAOAH HARISMAPURA VILLAGE SARTHVALLI POST HONNAVALLI HOBLI TIPTUR TQ.-572 201 …RESPONDENTS (BY SRI B.PRADEEP, ADVOCATE FOR R-2; NOTICE TO R-1 & R-3 IS DISPENSED V/O. DATED 29.04.2025) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 18.07.2023 PASSED IN MVC.NO.7444/2018 BY C/C.XXII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER- MACT, BENGALURU. 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 judgment and award dated 18.07.2023 passed in MVC.No.7444/2018 by the XXII Additional Small Causes Judge and ACMM, Bengaluru, the claimants are before this Court seeking enhancement of - 3 - NC: 2025:KHC:17746 MFA No. 6496 of 2024 compensation. The claim petition is filed seeking compensation of an amount of Rs.10,00,000/- for injuries sustained in the road traffic accident. 2. Facts of the case in brief is as follows: On 27.02.2018, at about 5.30 p.m. when Dinesha.S. along with his wife Kavitha who was pillion rider was proceeding on a motorcycle bearing Registration No.KA- 44-J-6127 near Mylanahalli Gate, Arasikere, Tiptur on N.H.206, B.H.Road, the driver of the offending car bearing Registration No.KA-44-M-3257 drove the same in rash and negligent manner and caused the accident. Due to the said impact, Dinesh and Kavitha fell down and sustained grievous injuries. Both of them were shifted to Tiptur Government Hospital. From there, Dinesh was shifted to Sanjay Gandhi Hospital wherein he was treated as inpatient from 28.02.2018 to 07.03.2018. He underwent surgery for closed reduction. It was contended that due to accidental injuries he could not work, cannot sit and stand and lost his earning capacity. Pending the petition, - 4 - NC: 2025:KHC:17746 MFA No. 6496 of 2024 claimant Dinesh died and his legal representatives were brought on record. 3. The tribunal had granted the total compensation of Rs.5,000/-. 4. As per the wound certificate, the husband of appellant No.1 and father of appellant No.2 namely, Dinesha S. sustained (1) Hematoma at right temple; (2) Laceration of left parietal region; (3) left posterior hip dislocation, which are grievous in nature. Ex.P20 is the death summary issued by the Hospital, which reveals that the said Dinesh S. was admitted on 12.06.2021, but he died on the same day due to severe Covid-19 pneumonia with ARDS. The tribunal had observed that the legal representatives of the deceased Dinesh S. did not place any disability certificate issued by the competent authority to support their claim to establish that the deceased suffered from physical disability and they are not entitled to get any compensation on the ground of disability. According to the claimants, they have spent an amount of - 5 - NC: 2025:KHC:17746 MFA No. 6496 of 2024 Rs.1,00,000/- towards medical expenses and Rs.50,000/- towards food, conveyance, attendant and other expenses. However, the tribunal also observed that the claimants have not produced anything in this regard. Hence, in total, the tribunal granted an amount of Rs.5000/- towards conveyance, transportation, nourishment and other incidental expenses. 5. Learned counsel appearing for the appellants/claimants submits that when the deceased Dinesh sustained grievous injuries and later, he succumbed to the same, the Tribunal ought to have granted the compensation. 6. Learned counsel appearing for respondent/ Insurance Company submits that the tribunal had rightly considered the fact that he died because of Corona, but not due to the accidental injuries. Therefore, the tribunal had rightly granted compensation, when there is no evidence on record. - 6 - NC: 2025:KHC:17746 MFA No. 6496 of 2024 7. Having heard the learned counsels on either side, perused the materials on record. As rightly held by the tribunal, the claimants have failed to adduce the cogent evidence in support of their case and the evidence also shows that the said Dinesha had died due to Covid-19. Considering all these and balancing the interest of both parties, this Court deems it appropriate to grant global compensation of an amount of Rs.30,000/-. i) Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.5,000/- to Rs.30,000/- globally; ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) Respondent No.2-Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit, the claimants are entitled to withdraw the entire amount without furnishing any security; iv) No costs. - 7 - NC: 2025:KHC:17746 MFA No. 6496 of 2024 v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE LB List No.: 1 Sl No.: 10