Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 54255 (KAR)

JEEVANKUMAR v. RAGHAVENDRA

MFA/5971/2024 · 2025-11-04

Lalitha Kanneganti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45076 MFA No. 5971 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MFA NO. 5971 OF 2024 (MV-I) BETWEEN: JEEVANKUMAR S/O G. CHANDRASHEKARAPPA AGED ABOUT 36 YEARS RA/T # INDIRANAGAR SEEBINAKERE POST THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT PRESENTLY RESIDING AT # 194, F BLOCK, SHAKTHIDHAMA LAYOUT SHIVAMOGGA DISTRICT …APPELLANT (BY SRI. ASHWATH C.M, ADVOCATE) AND: 1. RAGHAVENDRA S/O SADANANDA AGED ABOUT 42 YEARS R/AT BOBBI, SANKADAHOLE POST THIRTHAHALLI POST SHIVAMOGGA DISTRICT Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45076 MFA No. 5971 of 2024 (OWNER CUM DRIVER OF ALTO-800 CAR BEARING REG. NO. KA-19-ME-4514) 2. THE BRANCH MANAGER SRI RAM GENERAL INSURANCE CO. LTD., E-8-EPIP, SITAPURA INDUSTRIAL AREA JAIPUR, RAJASTHAN – 302 022. …RESPONDENTS (V/O DATED 28.10.2025 NOTICE R1 IS HELD-SUFFICIENT; BY SRI. B C SHIVANNE GOWDA, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 16.01.2024 PASSED IN MVC NO. 813/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE OF FIRST CLASS AND P.O OF ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL-14, THIRTHAHALLI. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:45076 MFA No. 5971 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.813/2019 dated 16.01.2024 by the Senior Civil Judge and JMFC and AMACT-14, Thirthahalli, whereby the Tribunal had awarded compensation of an amount of Rs.5,53,600/-, the claimant is before this Court seeking enhancement of the compensation. The Tribunal had awarded the compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Towards pain and suffering Rs. 25,000/- 2. Towards permanent disability Rs. 3,01,100/- 3. Towards loss of income during laid up period Rs. 61,500/- 4. Towards attendant charges, transportation and miscellaneous expenses Rs. 20,000/- 5. Towards loss of amenities Rs. 50,000/- 6. Towards medical expenses Rs. 96,000/- Total Rs. 5,53,600/- 2. Learned counsel appearing for the appellant submits that the Tribunal had not granted a just and reasonable compensation under the head of pain and suffering and even under the other heads also the compensation needs to be enhanced. - 4 - HC-KAR NC: 2025:KHC:45076 MFA No. 5971 of 2024 3. Learned counsel appearing for the respondent No.2/ Insurance Company submits that when the disability is at 8%, the Tribunal had granted 40% future prospects and on all counts the amount of compensation that is awarded by the Tribunal is on the higher side and no enhancement is called for. 4. Having heard the learned counsels on either side, perused the material on record. As rightly submitted by the learned counsel for the Insurance Company that for the disability of 8%, the Tribunal had already granted 40% future prospects. In these circumstances, there cannot be any enhancement. Hence, this Court finds no reasons to interfere with the well considered order passed by the Tribunal. 5. Accordingly, the appeal filed by the claimant is dismissed. i. No costs. ii. Pending miscellaneous petitions, if any, shall stand closed. Sd/- _________________________ JUSTICE LALITHA KANNEGANTI BN/List No.: 3 Sl No.: 18