Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 77180 (KAR)

BHANUPRAKASH v. MARISWAMY

MFA/3199/2016 · 2025-11-14

K Manmadha Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - MFA No. 3199 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 3199 OF 2016 (MV-I) BETWEEN: BHANUPRAKASH S/O SUBRAMANYA AGED ABOUT 28 YEARS R/AT THAMMADIPURA VILLAGE SOSALE HOBLI T.NARASIPURA TALUK MYSORE DISTRICT-571 124. …APPELLANT (BY SRI. NAGESH M., ADVOCATE) AND: 1. MARISWAMY S/O GURUMALLAPPA AGED ABOUT 44 YEARS R/O VEERAPPAHODEYARAHUNDI VILLAGE SOSALE HOBLI T.NARASIPURA TALUK MYSORE DISTRICT-571 124. 2. GURUMALLAPPA S/O MALLAPPA AGED ABOUT 61 YEARS R/O VEERAPPAHODEYARAHUNDI VILLAGE SOSALE HOBLI T.NARASIPURA TALUK MYSORE DISTRICT-571 124. 3. THE UNITED INDIA ASSURENCE COMPANY LTD., ACHAMAS'S MANSION - 2 - MFA No. 3199 of 2016 DR.RAJAKUMAR ROAD SOUTHERN EXTENSION, KOLLEGAL, CHAMARAJANAGAR DISTRICT-571 102. …RESPONDENTS (BY SRI. O MAHESH, ADVOCATE FOR R3; R-1 AND R-2 – ARE SERVED AND UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 30.09.2014 PASSED BY THE SENIOR CIVIL JUDGE AND MACT, TIRUMAKUDALU NARASIPURA IN M.V.C.NO.33/2013 FROM RS.2,87,520/- TO RS.5,02,480/- WITH 8% INTEREST FROM THE DATE OF PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 28.10.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO CAV JUDGMENT This appeal has been filed by the claimant challenging the impugned Judgment and Award dated 30.09.2014 on the file of the Senior Civil Judge and MACT, Tirumakudalu Narasipura (for short ‘the Tribunal’), in MVC No.33/2013. The Tribunal has awarded a sum of - 3 - MFA No. 3199 of 2016 Rs.2,87,520/- with interest at the rate of 6% p.a. from the date of petition till the date of realization, towards the injuries sustained by the claimant-appellant in a road traffic accident that occurred on 29.12.2012. 2. Though the matter is listed for admission, with the consent of learned counsel for the parties, the matter is taken up for final disposal. 3. Heard the learned counsel for the appellant as well as the learned counsel for respondent – Insurance Company. Perused the impugned judgment and award passed by the Tribunal and the material on record. 4. The date, time, mode and manner of the accident as well as liability are not in dispute. 5. Having regard to the nature of the injuries suffered by the claimant, I am of the opinion that it would be appropriate to award an additional sum of Rs.50,000/- inclusive of interest by way of global compensation. - 4 - MFA No. 3199 of 2016 6. Hence, the following order is passed: i) The appeal is allowed in part. ii) The impugned judgment and award dated 30.09.2014 passed by Senior Civil Judge and MACT, Tirumakudalu Narasipura in MVC No.33/2013, is modified, by awarding an additional sum of Rs.50,000/- inclusive of interest. iii) The aforesaid enhanced compensation amount of Rs.50,000/- shall be deposited within a period of eight weeks from today by the Insurance Company before the Tribunal. iv) Amount in deposit with accrued interest, if any, shall be transmitted to the Tribunal. v) Registry is directed to send back the TCR to the Tribunal. Sd/- (DR.K.MANMADHA RAO) JUDGE bnv