Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 57846 (KAR)

BHAGYAMMA v. G N PRABHAKARA

MFA/3966/2021 · 2025-09-08

Lalitha Kanneganti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35165 MFA No. 3966 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3966 OF 2021 (MV-I) BETWEEN: BHAGYAMMA W/O ANJANEYA @ ANJINI AGED ABOUT 33 YEARS R/O NEAR MARAMMA TEMPLE JOGIMATI ROAD CHITRADURGA -577 501 …APPELLANT (BY SRI. PRAKASHA H.C., ADVOCATE) AND: 1. G.N.PRABHAKARA S/O G.L.NAGARJAA AGED ABOUT 29 YEARS R/AT NO. 102, TERU BEEDHI BOMMADEVARAHALLI MOLAKALMURU TLAUK BALLARI DISTRICT- 577 535 2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., (COLLECTING OFFICE) JAGALURU MAHALINGAPPA COMPLEX P.B.ROAD CHITRADURGA -577 501 …RESPONDENTS (BY SRI.JANARDHANA REDDY, ADVOCATE FOR R1 R2- SERVED) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35165 MFA No. 3966 of 2021 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.03.2021 PASSED IN MVC NO. 1136/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, HOLDING CONCURRENT CHARGE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND M.A.C.T. NO. IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1136/2018 dated 17.03.2021 by the Principal Senior Civil Judge & Additional MACT-III, Chitradurga, whereby the Tribunal had granted compensation of an amount of Rs.2,50,000/-, the claimant is before this Court seeking enhancement of the compensation. 2. The facts of the case are that the claimant was travelling in an Auto-rickshaw from Lakshmi Camp, Bellary to reach their village Rampura, Molakalmuru Taluk. When the said Auto-rickshaw was proceeding near Indane Gas Office, on Bellary-Bangalore N-150(A) road of D.Hirehal village and - 3 - HC-KAR NC: 2025:KHC:35165 MFA No. 3966 of 2021 Mandal, Andra Pradesh, due to the recklessness of driver of the Auto-rickshaw, the vehicle turned turtle and accident occurred. As a result, the claimant sustained injuries. 3. Learned counsel appearing for the appellant/claimant submits that the claimant is aged 33 years and she lost her teeth in the accident that led to disfigurement and she is not able to chew the food and it would have an impact on her and on her future earnings. It is submitted that the Tribunal had not granted reasonable compensation and the compensation needs to be enhanced. 4. Learned counsel appearing for respondent No.2 /Insurance Company submits that the Tribunal had already granted global compensation of an amount of Rs.2,50,000/- and it requires no enhancement. It is submitted that the compensation that is awarded by the Tribunal is on the higher side. 5. Having heard the learned counsels on either side, perused the entire material on record. The claimant was in hospital for one day. Admittedly, she lost her teeth. When there is a treatment available for having a permanent implant, it - 4 - HC-KAR NC: 2025:KHC:35165 MFA No. 3966 of 2021 cannot be termed as disability. At best, it could be termed as disfigurement or the impact of it could lead to the loss of amenities. Looking from any angle, the compensation of an amount of Rs.2,50,000/- that is awarded by the Tribunal is just and reasonable compensation and this Court do not find any reason to interfere with the well considered order passed by the Tribunal. 6. Accordingly, the appeal filed by the claimant is dismissed. i. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. ii. No costs. iii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 13