Smt. Kamalamma v. Divisional Controller

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 7007 OF 2023 (MV-I) BETWEEN:

SMT. KAMALAMMA W/O HORIGOWDA, AGED ABOUT 62 YEARS, R/O OBALAPURA VILLAGE, BAGURU HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573 111. …APPELLANT (BY SRI. RAJARAMA S, ADVOCATE) AND:

DIVISIONAL CONTROLLER K.S.R.T.C., HASSAN DIVISION, HASSAN. …RESPONDENT (BY SRI. D. VIJAY KUMAR, ADVOCATE)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2023 PASSED IN MVC NO.643/2021 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL AND SENIOR CIVIL JUDGE, CHANNARAYAPATNA, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION.

Location: HIGH COURT OF KARNATAKA

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

ORAL JUDGMENT This appeal is filed by the claimant being aggrieved by the judgment and award dated 02nd January 2023, passed by the Senior Civil Judge and Member, MACT, Channarayapatna, Hassan, (for short `Tribunal'), in MVC No.643/2021, seeking enhancement of compensation. Though this appeal is slated for admission, with the consent of both the parties it is taken up for final disposal.

¶2For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

¶3The brief facts of the case are that, on 07.12.2019, at about 04.00 p.m., the claimant while travelling as a pillion rider on the motorcycle bearing registration No.KA-13-EN-8287, met with an accident due to rash and negligent driving of the bus belonging to respondent-corporation bearing registration No.KA-13-F-2094. As a result, the claimant

sustained injuries. With these reasons, she prayed to award the compensation.

¶4The respondent denied the petition averments and prayed to dismiss the claim petition.

¶5From the rival contentions of the parties, the Tribunal framed necessary issues.

¶6The claimant to prove her case examined one witness as PW-1 and marked 21 documents, as per Exs.P-1 to P-21. Respondent examined one witness as RW-1 and marked documents as Exs.R-1 and R-2.

¶7The Tribunal after hearing both the parties and appreciating the materials available on record, held that the accident occurred due to rash and negligent driving of offending vehicle by its driver. The said fact is not disputed in the present appeal. Therefore, there is no need to reconsider the same.

¶8The Tribunal has elaborately discussed the evidence of the claimant while assessing the amount of compensation. On reconsideration of the same, the amount of compensation awarded by the Tribunal on the some of the

heads are on the lower side especially under the heads pain and suffering, medical and incidental expenses and loss of income during laid up period. On reconsidering the same, the claimant is entitled to enhancement of global compensation of Rs.25,000/- on all the heads.

¶9The claimant is also entitled for interest on the said amount at the rate of 6% per annum from the date of petition till its realization, excluding the delayed period of 189 days in filing the appeal.

¶10Undisputedly respondent-corporation is liable to pay the said amount.

¶11In the result, I proceed to pass the following: ORDER

i) The Appeal is allowed.

ii) The impugned judgment and award dated 02nd January 2023, passed in MVC.No.643/2021, by the Senior Civil Judge and Member, MACT, Channarayapatna, Hassan, stands modified;

iii) The claimant is entitled to enhancement of global compensation of Rs.25,000/-, with interest at the rate of 6% p.a., from the date of petition till its realization, excluding the delayed period of 189 days in filing the appeal.

iv) The enhanced amount of compensation is marginal. Therefore, entire amount is ordered to be released in favour of claimant on due identification.

v) Draw award accordingly. Registry is directed to send copy of this judgment to the concerned Tribunal.

Sd/- (UMESH M ADIGA) JUDGE

AMA List No.: 1 Sl No.: 10