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2025 DAILYLAW 56642 (KAR)

SRI. PANDURANGA RAO v. SRI. UMESH NAIKA

MFA/1022/2024 · 2025-11-04

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45075 MFA No. 1022 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. 1022 OF 2024 (MV-I) BETWEEN: SRI. PANDURANGA RAO S/O. LATE GOPALASWAMI, AGED ABOUT 43 YEARS, R/AT MUNIGOWDA GARDEN, 3RD CROSS, 1ST MAIN, NEELASANDRA, BENGALURU, KARNATAKA - 560 047. …APPELLANT (BY SMT. ROSA PARAMEL, ADVOCATE) AND: 1. SRI. UMESH NAIKA S/O. RAMJI NAIK, DRIVER OF KA-51-D-1023, MARUTHI SUZUKI DZIRE, NO.3/6, 3RD FLOOR LINGAIAHNAPALYA, JOGUPALYA, BENGALURU - 560 008. 2. SRI. CHANDRA NAIK. K. R. S/O. RAMJI NAIK, OWNER OF MARUTHI SUZUKI DZIRE BEARING REG. NO.KA-51-D-1023, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45075 MFA No. 1022 of 2024 NO. 295, GF THIRD CROSS, BILEKAHALLI ROAD, BEHIND IIMB COMPOUND, BENGALURU - 560 076. 3. SHRIRAM GENERAL INSURANCE COMPANY LIMITED 2ND FLOOR, L-5, 6, SLD COMPLEX 8TH MAIN ROAD, ASHOK NAGAR, TUMKUR, KARNATAKA - 572 101. REPRESENTED BY ITS DIVISIONAL MANAGER. …RESPONDENTS (V/O DATED 25.10.2025, NOTICE TO R1 & R2 ARE DISPENSED WITH; BY SRI. B C SHIVANNE GOWDA, ADVOCATE FOR R3) THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 02.11.2023 PASSED IN MVC NO. 4750/2020 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, (SCCH-5) BENGALURU. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:45075 MFA No. 1022 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.4750/2020 dated 02.11.2023 by the VIII Addl. SCJ and ACMM, Member- MACT, Bengaluru, whereby the Tribunal had awarded the compensation of an amount of Rs.10,20,566/-, 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. Loss of future income Rs. 3,03,286/- 2. Pain and suffering Rs. 15,000/- 3. Conveyance, nourishment and attendant charges Rs. 15,000/- 4. Medical expenses Rs. 6,38,239/- 5. Loss of amenities in life Rs. 15,000/- 6. Loss of income during laid up period Rs. 14,041/- 7. Future medical expenses Rs. 20,000/- Total Rs. 10,20,566/- 2. Learned counsel appearing for the appellant/ claimant submits when the medical bills are amounting to Rs.12,00,000/-, the Tribunal had granted only an amount of Rs.6,38,239/-. It is submitted that the Tribunal had failed to grant just and reasonable compensation amount. - 4 - HC-KAR NC: 2025:KHC:45075 MFA No. 1022 of 2024 3. Learned counsel appearing for respondent No.3/ Insurance Company submits that on all counts the compensation that is awarded by the Tribunal is just and reasonable and no interference is called for. 4. Having heard the learned counsels on either side, perused the material on record. The submission that is made by the learned counsel for the appellant/claimant with regard to the medical bills, this Court cannot do the exercise by looking at the medical bills worth Rs.12,00,000/- and odd. 5. Accordingly, the appeal of the claimant is allowed by setting aside the award passed in MVC.No.4750/2020 dated 02.11.2023 by the VIII Addl. SCJ and ACMM, Member- MACT, Bengaluru and the matter is remanded back to the Tribunal for fresh consideration. i. The parties shall appear before the Tribunal without further notice on 16.12.2025. ii. The Tribunal shall dispose of the matter within six months from thereon. iii. All contentions are kept open to both the parties. - 5 - HC-KAR NC: 2025:KHC:45075 MFA No. 1022 of 2024 iv. Registry is directed to send the certified copy of the order passed by this Court forthwith without any delay. v. No Costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 3 Sl No.: 33