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2026 DAILYLAW 46047 (KAR)

RANGASWAMAIAH v. CHIKKARAJU H

MFA/1464/2022 · 2026-01-08

Chillakur Sumalatha

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1159 MFA No. 1464 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.1464 OF 2022(MV-I) BETWEEN: RANGASWAMAIAH AGED ABOUT 44 YEARS, S/O KEMPARANGAIAH, R/A ANTHARASANAHALLI VILLAGE, REVANASIDDESHWARA MUTT, TUMKUR TOWN-272122. …APPELLANT (BY SRI. MUSHTAQ AHMED, ADVOCATE) AND: 1. CHIKKARAJU H., AGED ABOUT 49 YEARS, S/O HANUMANTHARAYAPPA R/A YALLAPURA TUMKUR-572122. 2. THE MANAGER M/S UNITED INDIA INSURANCE CO. LTD., Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1159 MFA No. 1464 of 2022 1ST FLOOR, RAJA COMPLEX, DR AMBEDKAR ROAD SIRA, TUMKUR DIST-52131. REP BY ITS MANAGER …RESPONDENTS (BY SRI.Y.K. SHESHAGIRI RAO, ADVOCATE FOR R2; V/O. DATED 15.03.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.12.2019 PASSED IN MVC NO.1162/2017 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:1159 MFA No. 1464 of 2022 ORAL JUDGMENT Heard Sri.Mushtaq Ahmed, learned counsel for the appellant, as well as Sri.Y.K.Sheshagiri Rao, learned counsel for respondent No.2. 2. This appeal is the outcome of the award that is passed by the Motor Accident Claims Tribunal, Tumkur, in MVC No.1162/2017 dated 17.12.2019. This is a claimant's appeal. 3. On the ground that the tribunal awarded meager sum as compensation, the present appeal is filed. Though learned counsel for the appellant initially argued at length in respect of merits of the matter, ultimately on hearing the submission of learned counsel for respondent No.2, states that there may be marginal enhancement. 4. A perusal of record reveals that the Court taking into consideration each and every aspect of the case has come to a just conclusion with regard to the amount which the appellant is entitled to under each head. Though the notional income taken by the tribunal is on lower side, as rightly contended by learned counsel for respondent No.2, the disability assessed is on higher side. Therefore, taking into consideration the totality of evidence produced, this Court is of - 4 - HC-KAR NC: 2026:KHC:1159 MFA No. 1464 of 2022 the view that the compensation which the appellant is entitled to in addition to the sum that is awarded by the Tribunal globally can be only ₹30,000/-, as this Court is of the view that the Tribunal has not awarded justifiable sum towards loss of earnings during laid up period. Thus, the appeal is disposed of with the following ORDER i) The appeal is allowed in part. ii) The compensation that is granted by the Motor Accident Claims Tribunal, Tumkur, through orders in MVC No.1162/2017 dated 17.12.2019 is enhanced by ₹30,000/- iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. iv) Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM, List No.: 1 Sl No.: 33