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2026 DAILYLAW 16126 (KAR)

APPANNAGOWDA @ APPANNIGOWDA v. THE DIVISIONAL CONTROLLER

MFA/9099/2019 · 2026-04-25

Vijaykumar A Patil

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23034 M.F.A. No.9099/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.9099/2019 (MV-D) BETWEEN: APPANNAGOWDA @ APPANNIGOWDA S/O NINGEGOWDA AGED ABOUT 41 YEARS R/AT HEGGADIHALLI VILLAGE SHANTHIGRAMA HOBLI HASSAN TALUK AND DIST -57. …APPELLANT (BY SRI. ABHIJITH M.M. ADV.,) AND: THE DIVISIONAL CONTROLLER KSRTC, MANGALURU DIVISION REP. BY KSRTC HASSAN DIVISION, HASSAN. …RESPONDENT (BY SRI. F.S. DABALI, ADV.,) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.12.04.2019 PASSED IN MVC NO.1519/2018 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, ADDITIONAL MACT, HASSAN, 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: Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23034 M.F.A. No.9099/2019 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the appellant challenging the judgment and award dated 12.04.2019 passed in MVC.No.1519/2018 by the V Additional District and Sessions Court and Additional MACT, Hassan (for short ‘the Tribunal’). 2. Heard Sri.Abhijith M.M., learned counsel appearing for the appellant, Sri.F.S.Dabali, learned counsel for the respondent and perused the material available on record. 3. The appellant filed a claim petition seeking compensation for the death of a cow on 28.08.2017. In support of the claim, the appellant adduced both oral and documentary evidence. The Tribunal, considering the material on record awarded compensation of Rs.50,000/- with interest at the rate of 9% per annum. It is to be noticed that Ex.P6 is the post mortem report of a cow, the - 3 - HC-KAR NC: 2026:KHC:23034 M.F.A. No.9099/2019 said report indicates that the appellant himself has stated that the cost of the cow is Rs.46,000/-. It is not in dispute that the accident occurred due to actionable negligence of the driver of the KSRTC bus, resulting in the death of the cow. Taking note of the oral and documentary evidence and keeping in mind that the approximate value of a cow in the year 2017 would not be less than Rs.50,000/- and also taking note of the fact that the additional expenses incurred by the appellant towards post mortem, travel and filing of the claim petition, I am of the view that the ends of justice would be met if an additional compensation of Rs.25,000/- is awarded. Accordingly, the appellant is entitled to an additional sum of Rs.25,000/- as compensation. 4. The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization. - 4 - HC-KAR NC: 2026:KHC:23034 M.F.A. No.9099/2019 5. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed. The respondent/insurer shall deposit the additional compensation amount with accrued interest before the Tribunal within eight weeks from the date of receipt of certified copy of this judgment. On such deposit, the same shall be released in favour of the appellant. Registry to draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 40