- 1 - HC-KAR NC: 2025:KHC:26756 MFA No. 3994 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 3994 OF 2014 (MV-I) BETWEEN: SMT. PALAMMA W/O THIPPASWAMY D/O KOTTIGE HANUMANTHAPPA, AGED ABOUT 51 YEARS, R/AT REDDYHALLI VILLAGE, CHALLAKERE TALUK, NOW R/AT MADAKARIPURA VILLAGE, CHITRADURGA TALUK - 577 522. …APPELLANT (BY SMT. MONISHA M.S, ADVOCATE FOR SRI. SHANTHI BHUSHAN H, ADVOCATE) AND: 1. OBANNA S/O THIPPAIAH, MAJOR, R/AT KATAPANAHATTI VILLAGE, CHALLKERE TQ., CHITRADURGA DIST. - 577 522. 2. THE BRANCH MANAGER THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, OPP. NEAR NAJUNDESWARA PETROL BUNK, B.D. ROAD, CHITRADURGA - 577 501. …RESPONDENTS (BY SRI. K.N. SRINIVASA, ADVOCATE FOR R2; VIDE ORDER DATED 05.12.2017, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.01.2014 PASSED IN MVC Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26756 MFA No. 3994 of 2014 NO.390/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, & ADDITIONAL MACT, V 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 MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is by the claimant against the judgment & award dated 20.01.2014 passed in MVC No. 390/2013 by the II Addl. Sr. Civil Judge & V Addl.MACT, Chitradurga. 2. The parties are referred to as per their ranking before the Tribunal. 3. Brief facts of the case are that on 19.02.2013, at about 5.40 p.m. when the appellant was going by the side of the road, a motorcycle bearing Registration No.KA- 16/U-5199 driven in a rash and negligent manner hit the appellant. As a result of the impact she sustained severe head injuries. Initially she had taken treatment at Challakere Government Hospital and was then shifted to - 3 - HC-KAR NC: 2025:KHC:26756 MFA No. 3994 of 2014 Government Hospital, Chitradurga. Thereafter for better treatment she was shifted to S.S.Hospital, Davanagere and further treatment was taken in Bapuji Hospital, Davanagere. She had spent more than Rs.2 lakh towards medical expenses and she has suffered permanent disability due to the said injuries. With these reasons prayed to award compensation. 4. Respondent Nos.1 & 2 are the owner and insurer of the offending vehicle respectively. Respondents No.1 & 2 have appeared before the Tribunal and have filed their objections. Respondent No. 1 denied the contents of the claim petition and further stated that the insurance policy was issued by Respondent No. 2. Therefore, if any compensation is awarded, Respondent No. 2 is liable to pay it, as the vehicle was insured with them. 5. Respondent No.2 in the Written Statement denied the contents of the claim petition and denied the liability to - 4 - HC-KAR NC: 2025:KHC:26756 MFA No. 3994 of 2014 pay compensation on the ground of violation of terms and conditions of policy and prays for dismissal of the petition. 6. The Tribunal framed necessary issues. 7. The claimant to prove her case examined herself as PW-1 and marked Exs.P1 to P63. Respondents have not led oral evidence. Respondent No.2 marked the document as Exs.R1. 9. The Tribunal after hearing both the parties and appreciating the materials available on record held that accident occurred due to rash and negligent riding of the motorcycle and awarded total compensation of Rs.1,30,000/-. Claimant found that it was inadequate and hence filed this appeal for enhancement. 10. I have heard the arguments of learned counsel for claimant as well as Respondent No.2 and carefully went through the documents. The accident is not in dispute. The Tribunal after appreciating the evidence held that the - 5 - HC-KAR NC: 2025:KHC:26756 MFA No. 3994 of 2014 accident occurred due to negligence of rider of the motorcycle. Hence there is no need to reconsider the same. 11. As per the medical records produced by the claimant as well as the records secured from Bapuji hospital, it reveals that she has an open head injury with occipital bone fracture, posterior fossa EDH, left parieto- occipital contusion. She underwent treatment for craniotomy and decompression on 20.02.2013. She had taken treatment in the said hospital from 20.02.2013 till 27.02.2013 and it is stated that she was discharged against medical advice. The said hospital records also reveals that due to financial problem she was unable to continue her treatment in S.S.Hospital, Davangere. The wound certificate at Ex.P9 given by Government Hospital, Challakere. It also corroborates with injuries stated above and further shows that she was under treatment as inpatient from 28.02.2013 to 04.03.2013. The discharge - 6 - HC-KAR NC: 2025:KHC:26756 MFA No. 3994 of 2014 summary given by Bapuji Hospital, Davanagere also indicates the injuries sustained by her. The medical bills produced by the claimant at Ex.P18 to P62 reveals that she had spent Rs.1,03,816-84. 12. The age of the claimant is 55 years and as per medical records she has sustained severe head injuries. In her evidence she has stated that due to injuries sustained by her she is unable to do the work of coolie. She has tenderness and swelling at the injured area of her head and is also experiencing dizziness. She is unable to carry weight on her head. Considering the nature of her injuries and the complaints stated in her evidence, they appear to be plausible. 13. It appears that due to poverty she was unable to examine the doctors who treated her. Looking at all these materials, the amount of compensation awarded by the Tribunal is inadequate. The Tribunal has also not awarded compensation under some of the heads for which she is - 7 - HC-KAR NC: 2025:KHC:26756 MFA No. 3994 of 2014 entitled. Considering the same, following amounts of compensation is awarded. Sl. No. Head of account Amount in Rs. 1 Pain and suffering 50,000-00 2 Medical expenses 1,04,000-00 3 Dependent charges, special diet and conveyance charges 25,000-00 4 Loss of income during laid up period (Rs.8000X6) 48,000-00 5 Loss of amenities and future unhappiness 50,000-00 Total 2,77,000-00 Less: Amount awarded by the Tribunal 1,30,000-00 Enhanced compensation 1,47,000-00 14. Thus the claimant is entitled to enhanced compensation of Rs.1,47,000/-. The claimant is entitled to interest on the said amount at 6% p.a. from the date of petition till its realization. Accordingly, the impugned award needs modification. - 8 - HC-KAR NC: 2025:KHC:26756 MFA No. 3994 of 2014 15. Undisputedly Respondent Nos.1 & 2 are owner and insurer of the offending vehicle and the insurance policy was in force as on the date of the accident. Hence the respondents are liable to pay compensation. 16. For the above said discussion, I proceed to pass the following: ORDER i) Appeal is allowed in part. Judgment and award dated 20.01.2014 passed by learned II Addl. Senior Civil Judge & V Addl.MACT, Chitradurga in MVC 390/2013 is modified. ii) Claimant is entitled for enhanced compensation of Rs.1,47,000/- with interest at the rate of 6% p.a. from the date of claim petition till its realization. iii) Respondent No.2 shall deposit the said amount within a period of six weeks from the date of the award. iv) The accident took place in the year 2013. According to the claim petition, he claimant was - 9 - HC-KAR NC: 2025:KHC:26756 MFA No. 3994 of 2014 aged 55 years, therefore keeping a portion of the amount in Fixed Deposit is dispensed with and entire enhanced amount with interest be released in favour of the claimant. Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE SNB List No.: 1 Sl No.: 10 CT: BHK