Miss. Mahalakshmi H. Hanumantha v. Divisional Controller

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 7009 OF 2023 (MV-I) BETWEEN: MISS. MAHALAKSHMI H. HANUMANTHA D/O H. HANUMANTHA, AGED ABOUT 24 YEARS, 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. VIJAYAKUMAR, 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.645/2021 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, AND SENIOR CIVIL JUDGE, CHANNARAYAPATNA, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION. by SHARADAVANI B Location: High Court of Karnataka

THIS APPEAL, COMING ON FOR ORDERS, 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 Motor Accidents Claims Tribunal, and Senior Civil Judge, Channarayapatna, Hassan, (for short `Tribunal'), in MVC No.645/2021, seeking enhancement of compensation. Though this appeal is slated for hearing on interlocutory application, 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 fact of the accident is not in dispute. The Trial Court, in the impugned judgment at paragraph No.28, has mentioned in detail the injuries sustained by the claimant. It has also considered other factors for awarding the

compensation under various heads and awarded total amount of Rs.51,000/- with interest at the rate of 6% per annum.

¶4On consideration of the materials available on record, injury No.1 was at parietal aspect of the right eye. Considering the gravity of the injuries, the amount of compensation awarded by the Tribunal is on the lower side. Hence, the claimant is entitled to enhancement of global compensation of Rs.25,000/- on all the heads. The claimant is also entitled to interest on the said amount at rate of 6% per annum from the date of petition till its realization, excluding the delayed period of 190 days in filing the appeal.

¶5In the result, I proceed to pass the following: ORDER

i) The Appeal is allowed in part.

ii) The impugned judgment and award dated 02nd January 2023, passed in MVC.No.645/2021, by the Motor Accidents Claims Tribunal and Senior Civil Judge, Channarayapatna, Hassan, stands modified;

iii) The claimant is entitled to global enhancement 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 190 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.: 11