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2025 DAILYLAW 76218 (KAR)

SMT. ANUKRUTHI v. SRI. SANJAY R

MFA/5141/2022 · 2025-08-07

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30821 MFA No. 5141 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5141 OF 2022 (MV-D) BETWEEN: 1. SMT. ANUKRUTHI, W/O LATE MANJUNATH S, AGED ABOUT 28 YEARS. 2. M. NIRUPAM, S/ O LATE MANJUNATH S, AGED ABOUT 8 YEARS. 3. SMT. VIJAYALAKSHMI, W/O SUBRAMANYAM S. P., AGED ABOUT 54 YEARS. 4. SMT LAKSHMIKANTAMMA, W/O MUTTUSWAMYRAJU, AGED ABOUT 69 YEARS, (APPELLANT NO.2 MINOR GUARDIAN REFERRED BY 1ST APPELLANT) ALL ARE R/O: 639, KANAKANAGARA YELACHENAHALLI, J. P. NAGAR, BENGALURU SOUTH TALUK, NOW R/O TATAGUNI, KANAKAPURA MAIN ROAD, BENGALURU SOUTH TALUK. …APPELLANTS (BY SRI. RAJU S., ADVOCATE) AND: 1. SRI. SANJAY R. S/O RAGHURAM REDDY, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30821 MFA No. 5141 of 2022 NO.118, SRI SHARADA NILAYA, 7TH CROSS, 35TH MAIN ROAD, BHD SILK BOARD, BTM LAYOUT, 2ND STAGE, BENGALURU - 560 068. 2. THE RELIANCE GENERAL INSURANCE COMPANY LIMITED, EAST WING, 5TH FLOOR, NO.28 CENTURY BUILDING, M G ROAD BENGALURU - 01, REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI.B PRADEEP., ADV FOR R2 (VK NOT FILED); V/O/D 08.01.2024 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.06.2022 PASSED IN MVC NO.331/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, CHANNAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.331/2018 dated 04.06.2022 by the Senior Civil Judge and JMFC and Additional MACT, Channapatna, whereby the Court had granted compensation of amount of Rs.24,14,872/-, the appellants/claimants are before this Court. - 3 - HC-KAR NC: 2025:KHC:30821 MFA No. 5141 of 2022 2. The brief facts of the case, on 25.06.2018 at about 1:20 p.m., the deceased Manjunath was proceeding in the Suzuki Axis motorcycle bearing Reg.No.KA-05-Y-4013, near Mudgare gate on B.M.Road, at that time the driver of Innova Car bearing No.KA-03-NC-6777, drove the same in a rash and negligent manner, and dashed to the said motor cycle. Due to the said accident, Manjunath fell down and sustained head injury and succumbed at the spot itself. 3. Learned Counsel appearing for the appellants/claimants submits that the Court had failed to consider the salary based on Ex.P.23 i.e., of Rs.30,000/-. It is submitted that the claimants are four in number, 1/4th has to be deducted and further the Court had failed to grant loss of consortium for four people instead of that the Court had granted only for three claimants. It is submitted that the compensation that is awarded by the Tribunal is not a well- considered one and needs to be enhanced. 4. Having heard the counsels on either side and perused the material on record. - 4 - HC-KAR NC: 2025:KHC:30821 MFA No. 5141 of 2022 5. Perusal of the award passed by the Tribunal discloses that the Court had considered all the aspects and granted the just and reasonable compensation. In that view of the matter, no interference is called for. 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 KVR List No.: 1 Sl No.: 28