SAHANA M vs ASHA B L
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:52498
MFA No. 4708 of 2021
CNR: KAHC010354032021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RD
DATED THIS THE 23 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 4708 OF 2021
(MV-I)
BETWEEN:
1. SAHANA M,
D/O S. MANJAPPA,
AGED ABOUT 21 YEARS,
B.E. STUDENT,
R/O MALLAPPANAALLY VILLAGE,
HOSADURGA TALUK,
CHITRADURGA DISTRICT.
Digitally
signed by
SUSHMA
LAKSHMI
B S
Location:
High Court
of
Karnataka
NOW R/O BHEEMASAMUDRA VILLAGE,
CHITRADURGA TALUK,
CHITRADURGA DISTRICT – 577 501.
…APPELLANT
(BY SRI. R. SHASHIDHARA., ADVOCATE)
AND:
1. ASHA B. L.,
W/O SHIVANNA R,
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HC-KAR
NC: 2026:KHC:52498
MFA No. 4708 of 2021
CNR: KAHC010354032021
AGED MAJOR,
R/O MARUTHI NILAYA,
GURUVINAKALLU VILLAE,
HOSADURGA TALUK,
CHITRADURGA DISTRICT – 577 527.
OWNER OF TATA INDICA CAR
BEARING NO KA-16/C-0037
2. THE BRANCH MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
OPP. JAGALU MAHALINGAPPA,
BUILDING CHITRADURGA CITY - 577 501.
…RESPONDENTS
(BY SRI. A. R. LAKSHMINARAYANA., ADVOCATE FOR R2;
NOTICE TO R1 IS D/W, V/O DATED 15.10.2022)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.10.2018, PASSED IN
MVC.NO.121/2018, ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T.-IV AT
CHITRADURGA, 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 MR. JUSTICE S RACHAIAH
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HC-KAR
NC: 2026:KHC:52498
MFA No. 4708 of 2021
CNR: KAHC010354032021
ORAL JUDGMENT
1. This appeal has been filed by the claimant/appellant
seeking enhancement of compensation, being aggrieved by the
judgment and award dated 01.10.2018 passed in MVC
No.121/2018 on the file of the I Addl. Senior Civil Judge and
Addl. MACT, Chitradurga (for short, ‘Tribunal’), wherein the
Tribunal awarded compensation of Rs.3,51,210/- with interest
at 6% p.a. from the date of petition till realization.
2. The rank of the parties will be considered henceforth as
per their rankings before the Trial Court.
3. The fact of the case is that on 30.09.2017 at about
3.30 p.m., the petitioner and her father were proceeding in a
two wheeler from Hosadurga to Mallappanahally. When the said
motorcycle came near Kunduru Gollarahatty Gate, the father of
the petitioner had stopped the bike, at that time, the driver of
Tata Indica Vista bearing No.KA-16/C-0037 drove the same in a
rash and negligent manner with high speed from cross road
and taking reverse of the said vehicle and dashed to the
motorcycle and caused accident. Due to the said accident, both
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HC-KAR
NC: 2026:KHC:52498
MFA No. 4708 of 2021
CNR: KAHC010354032021
of them fell down from the motorcycle and the petitioner had
sustained grievous injuries. Immediately the petitioner was
shifted to Basaveshwara Hospital, Chitradurga wherein she took
treatment as inpatient for a period of 15 days. Therefore, the
appellant approached the Tribunal by filing the claim petition.
The Tribunal awarded Rs.3,51,210/- along with interest at the
rate of 6% p.a.
4. Heard Sri. R. Shashidhara, learned counsel for appellant
and Sri. A.R.Lakshminarayana, learned counsel for respondent
No.2.
5. Learned counsel for the appellant submitted that the
Tribunal has committed error in appreciating the evidence on
record in a proper perspective and further erred in awarding
meager compensation of Rs.3,51,210/-, without considering
the evidence of the Doctor. Further, he submitted that
inadequate compensation has been awarded under the head of
pain and suffering, in addition to that the compensation
awarded under the head of medical expenses is not in
consonance with the documents produced before the Tribunal.
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HC-KAR
NC: 2026:KHC:52498
MFA No. 4708 of 2021
CNR: KAHC010354032021
Further, he disputed the loss of income awarded to the injured.
Learned counsel for appellant disputed the compensation
awarded by the Tribunal under all the conventional heads and
sought for modification of the said award. Having said thus,
learned counsel for appellant prays to allow the appeal.
6. Per contra, learned counsel representing the respondent
No.2 – Insurance Company justified the award passed by the
Tribunal and stated that the Tribunal has awarded fair
compensation which requires no modification. Hence, learned
counsel for respondent No.2 – Insurance Company prays to
dismiss the appeal.
7. Having considered the submissions raised by the learned
counsel for the respective parties, it is relevant to take note of
the fact that the accident occurred on 30.09.2017 at 03.30
p.m. As on the date of accident, the injured was aged about 18
years and she was engineering student at UBDT, Engineering
College, Davanagere (computer science). The Trial Court while
considering the loss of future income had considered notional
income as Rs.6,000/- per month and added Rs.2,400/- per
month towards future prospects. However, the notional income
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HC-KAR
NC: 2026:KHC:52498
MFA No. 4708 of 2021
CNR: KAHC010354032021
of the injured ought to have been considered as Rs.11, 000/-
per month. Therefore, the calculation of the loss of future
income is as under:
Rs.11,000X12X18X11%=Rs.2,61,360/-
8. As regards Pain, and sufferings, additional sum of
Rs.10,000/- to be added.
9. Thus, the modified award is calculated as under:-
Sl.
Award amount
Particulars
(in Rupees)
No.
Tribunal This Court
01 Loss of future income
1,81,400 2,61,360
(11000x12x18x11%)
02 Medical expenses 1,09,770/- 1,09,770/-
03 Nourishment and
10,000/- 10,000/-
miscellaneous expenses
04 Pain, injuries and
30,000 40,000
sufferings
05 Loss of amenities in life 20,000 20,000
TOTAL 3,51,210 4,41,130
-3,51,210
=89,920/-
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HC-KAR
NC: 2026:KHC:52498
MFA No. 4708 of 2021
CNR: KAHC010354032021
9. In the light of the observations made above, I proceed to
pass the following:-
ORDER
i) Miscellaneous First Appeal is allowed in part.
ii) The judgment and award dated 01.10.2018 passed in
MVC No.121/2018 on the file of the I Addl. Senior Civil
Judge and Addl. MACT, Chitradurga, is modified, granting
compensation of Rs.4,41,130/- (Rupees Four Lakhs
Forty-one Thousand One Hundred and Thirty only)
as against Rs. 3,51,210/- awarded by the Tribunal.
iii) The claimant is entitled to enhanced compensation of
Rs.89,920/- (Rupees Eighty-nine Thousand Nine
Hundred and Twenty only) with interest at the rate of
6% per annum from the date of this appeal till
realisation.
iv) The respondent No.1 and 2 are jointly and severally liable
to pay the compensation.
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NC: 2026:KHC:52498
MFA No. 4708 of 2021
CNR: KAHC010354032021
v) The enhanced compensation amount shall be deposited
by the Insurance Company within a period of six weeks
from date of receipt of the certified copy of this
judgment.
vi) The Registry is directed to communicate the order to the
Tribunal and send the records to the Trial Court forthwith.
Sd/-
(S RACHAIAH)
JUDGE
JS
List No.: 1 Sl No.: 14