Karnataka High Court
Smt.Nagalakshmi W/O Nagaraj B vs Sri. B. Raghavendra S/O B. Krishnappa on 9 October, 2025
-1-
NC: 2025:KHC-D:13678
MFA No.101876 of 2017
C/W MFA No.100958 of 2017
MFA No.100959 of 2017
HC-KAR MFA.No.100960 of 2017
MFA.No.101877 of 2017
And MFA.No.101878 of 2017
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 9TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.101876 OF 2017
(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.100958 OF 2017
MISCELLANEOUS FIRST APPEAL NO.100959 OF 2017
MISCELLANEOUS FIRST APPEAL NO.100960 OF 2017
MISCELLANEOUS FIRST APPEAL NO.101877 OF 2017
MISCELLANEOUS FIRST APPEAL NO.101878 OF 2017
IN MFA NO.101876 OF 2017 :
BETWEEN:
GIRIJA A.
BYAHATTI SRI. NAGAPPA @ NAGARAJA B,
S/O HONNURAPPA,
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH COURT
AGE: 33 YEARS,
OF KARNATAKA
DHARWAD BENCH
DHARWAD
OCC AGRICULTURAL COOLIE,
R/O: INDIRA NAGAR,
MOUNESHWARA TEMPLE,
KURUGODU, BALLARI TALUK AND DISTRICT.
...APPELLANT
(BY SRI. M. AMAREGOUDA, ADVOCATE)
AND:
1. SRI. B. RAGHAVENDRA
S/O. B. KRISHNAPPA,
-2-
NC: 2025:KHC-D:13678
MFA No.101876 of 2017
C/W MFA No.100958 of 2017
MFA No.100959 of 2017
HC-KAR MFA.No.100960 of 2017
MFA.No.101877 of 2017
And MFA.No.101878 of 2017
AGE: 25 YEARS,
OCC: DRIVER OF AUTO BEARING
REG. NO.KA-34/B-0775,
R/O: 2ND WARD, H.NO.342,
TORANAGAL, TQ: SANDUR,
DIST: BALLARI,
NOW RESIDING AT DARURU VILLAGE,
TQ: SIRUGUPPA, DIST: BALLARI.
2. SRI. IRRANNA R. S/O RAMANNA
SINCE THE DECEASED BY HIS LEGAL HEIRS
2(a). SHAKUNTHALAMMA
W/O. SRI. IRRANNA,
AGE: 39 YEARS,
OCC: HOUSEWIFE,
R/O 504, DARURU CROSS,
TQ: SIRUGUPPA, DIST: BALLARI.
2(b) SHIVAMMA D/O. SRI. IRRANNA
AGE: 25 YEARS, OCC: COOLIE,
R/O 504, DARURU CROSS,
TQ: SIRUGUPPA, DIST: BALLARI.
2(c) SRIDEVI D/O. SRI IRRANNA
AGE: 23 YEARS, OCC: COOLIE,
R/O 504, DARURU CROSS,
TQ: SIRUGUPPA, DIST: BALLARI.
3. THE BRANCH MANAGER,
ROYAL SUNDARAM ALLIANCE
INSURANCE COMPANY LIMITED,
SUNDARAM TOWERS,
45 & 46 WHITES ROAD, CHENNAI.
...RESPONDENTS
(BY SRI. ANJANEYA M., ADVOCATE FOR R1 & R2 (a-c);
SRI. S.K. KAYAKAMATH, ADVOCATE FOR R3)
-3-
NC: 2025:KHC-D:13678
MFA No.101876 of 2017
C/W MFA No.100958 of 2017
MFA No.100959 of 2017
HC-KAR MFA.No.100960 of 2017
MFA.No.101877 of 2017
And MFA.No.101878 of 2017
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 01.12.2016 PASSED BEFORE MOTOR ACCIDENTS
CLAIM TRIBUNAL-II, BALLARI IN M.V.C. NO.1354/2014 AND
ENHANCE THE COMPENSATION BY RS.12,80,070/- IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.100958 OF 2017:
BETWEEN:
THE BRANCH MANAGER,
ROYAL SUNDARAM ALLIANCE
INSURANCE COMPANY LTD.,
SUNDARAM TOWERS, 45 & 46
WHITES ROAD, CHENNAI.
NOW REPRESENTED BY ITS RESPONDENT
AUTHORIZED SIGNATORY,
ROYAL SUNDRARAM GENERAL
INSURANCE COMPANY LIMITED,
SUBRAMANIAN BUILDING, II FLOOR,
NO.1, CLUB HOUSE ROAD,
ANNASALAI, CHENNAI-600002.
...APPELLANT
(BY SRI. S.K. KAYAKAMATH, ADVOCATE)
AND:
1. NAGAPPA @ NAGARAJA B. S/O. HONNURAPPA,
33 YEARS, AGRICULTURAL COOLIE,
R/O: INDIRA NAGAR,
MOUNESHWARA TEMPLE, KURUGODU,
BALLARI TALUK AND DISTRICT-590002.
2. SRI. B. RAGHAVENDRA S/O. B. KRISHNAPPA
25 YEARS, DRIVER OF THE AUTO BEARING
REGISTRATION NO.KA 34/B 0775,
R/O: 2ND WARD, H.NO.342, TORANAGALU,
-4-
NC: 2025:KHC-D:13678
MFA No.101876 of 2017
C/W MFA No.100958 of 2017
MFA No.100959 of 2017
HC-KAR MFA.No.100960 of 2017
MFA.No.101877 of 2017
And MFA.No.101878 of 2017
SANDUR TALUK, BALLARI DISTRICT,
NOW RESIDING AT DARURU VILLAGE,
SIRUGUPPA TALUK, BALLARI DISTRICT-583101.
SRI. IRANNA R. S/O. RAMANNA
40 YEARS, OWNER OF THE AUTO BEARING
REGISTRATION NO.KA 34/B 0775 R/O. 504,
DARURU CROSS, SIRUGUPPA TALUK,
BALLARI DISTRICT-583101.
SINCE DECEASED BY HIS LEGAL HEIRS:
3. SHAKUNTALAMMA WIFE OF SRI. IRANNA R.,
39 YEARS, HOUSEWIFE,
R/O: 504, DARURU CROSS,
SIRUGUPPA TALUK,
BALLARI DISTRICT-583101.
4. SHIVAMMA D/O. SRI. IRANNA R.,
25 YEARS, COOLIE,
R/O: 504, DARURU CROSS,
SIRUGUPPA TALUK,
BALLARI DISTRICT-583101.
5. SRIDEVI D/O. SRI. IRANNA R.,
23 YEARS, COOLIE,
R/O: 504, DARURU CROSS,
SIRUGUPPA TALUK,
BALLARI DISTRICT-583101.
...RESPONDENTS
(BY SRI. ANJANEYA M., ADVOCATE FOR R2-R5;
NOTICE TO R1 IS SERVED)
THIS MFA FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO CALL THE RECORDS, HEAR
THE PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY
SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED
01.12.2016 PASSED BY THE MOTOR ACCIDENTS CLAIM
-5-
NC: 2025:KHC-D:13678
MFA No.101876 of 2017
C/W MFA No.100958 of 2017
MFA No.100959 of 2017
HC-KAR MFA.No.100960 of 2017
MFA.No.101877 of 2017
And MFA.No.101878 of 2017
TRIBUNAL-II, BALLARI IN M.V.C. NO.1354/2014, WITH COST IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.100959 OF 2017:
BETWEEN:
THE BRANCH MANAGER,
ROYAL SUNDARAM ALLIANCE
INSURANCE COMPANY LTD.,
SUNDARAM TOWERS, 45 & 46
WHITES ROAD, CHENNAI.
NOW REPRESENTED BY ITS
AUTHORIZED SIGNATORY.
...APPELLANT
(BY SRI. S.K. KAYAKAMATH, ADVOCATE)
AND:
1. SHIVANANDA SON OF NAGARAJA B.,
11 YEARS, STUDENT,
SINCE MINOR REPRESENTED BY HIS
NATURAL GUARDIAN AND MOTHER
BY NAME SMT. NAGALAKSHMI
WIFE OF NAGARAJ B., 28 YEARS, COOLIE,
R/O: INDIRA NAGAR,
MOUNESHWARA TEMPLE, KURUGODU,
BALLARI TALUK AND DISTRICT-583101.
2. SRI. B. RAGHAVENDRA SON OF B. KRISHNAPPA,
25 YEARS, DRIVER OF THE AUTO BEARING
REGISTRATION NO.KA 34/B 0775,
R/O: 2ND WARD, H.NO.342, TORANAGALU,
SANDUR TALUK, BALLARI DISTRICT,
NOW RESIDING AT DARURU VILLAGE,
SIRUGUPPA TALUK, BALLARI DISTRICT-583101.
-6-
NC: 2025:KHC-D:13678
MFA No.101876 of 2017
C/W MFA No.100958 of 2017
MFA No.100959 of 2017
HC-KAR MFA.No.100960 of 2017
MFA.No.101877 of 2017
And MFA.No.101878 of 2017
SRI. IRANNA R. SON OF RAMANNA,
40 YEARS, OWNER OF THE AUTO BEARING
REGISTRATION NO.KA 34/B 0775
R/O. 504, DARURU CROSS,
SIRUGUPPA TALUK, BALLARI DISTRICT-583101.
SINCE DECEASED BY HIS LEGAL HEIRS:
3. SHAKUNTALAMMA WIFE OF SRI. IRANNA R.
39 YEARS, HOUSEWIFE,
R/O. 504, DARURU CROSS, SIRUGUPPA TALUK,
BALLARI DISTRICT-583101.
4. SHIVAMMA D/O. SRI. IRANNA R.,
25 YEARS, COOLIE,
R/O: 504, DARURU CROSS,
SIRUGUPPA TALUK,
BALLARI DISTRICT-583101.
5. SRIDEVI D/O. SRI. IRANNA R.,
23 YEARS, COOLIE,
R/O: 504, DARURU CROSS,
SIRUGUPPA TALUK,
BALLARI DISTRICT-583101.
...RESPONDENTS
(BY SRI. ANJANEYA M., ADVOCATE FOR R2-R5;
NOTICE TO R1 IS SERVED)
THIS MFA FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO CALL THE RECORDS, HEAR
THE PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR BY
SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED
01.12.2016 PASSED BY THE MOTOR ACCIDENTS CLAIM
TRIBUNAL-II, BALLARI IN MVC NO. 1355/2014 WITH COST IN
THE INTEREST OF JUSTICE AND EQUITY.
-7-
NC: 2025:KHC-D:13678
MFA No.101876 of 2017
C/W MFA No.100958 of 2017
MFA No.100959 of 2017
HC-KAR MFA.No.100960 of 2017
MFA.No.101877 of 2017
And MFA.No.101878 of 2017
IN MFA NO.100960 OF 2017 :
BETWEEN:
THE BRANCH MANAGER,
ROYAL SUNDARAM ALLIANCE
INSURANCE COMPANY LTD.,
SUNDARAM TOWERS, 45 & 46
WHITES ROAD, CHENNAI.
NOW REPRESENTED BY ITS RESPONDENT
AUTHORIZED SIGNATORY.
...APPELLANT
(BY SRI. S.K. KAYAKAMATH, ADVOCATE)
AND:
1. SMT. NAGALAKSHMI WIFE OF NAGARAJ B.,
28 YEARS, COOLIE,
R/O: INDIRA NAGAR,
MOUNESHWARA TEMPLE, KURUGODU,
BALLARI TALUK AND DISTRICT-583101.
2. SRI. B. RAGHAVENDRA SON OF B. KRISHNAPPA
25 YEARS, DRIVER OF THE AUTO BEARING
REGISTRATION NO.KA 34/B 0775,
R/O: 2ND WARD, H.NO.342, TORANAGALU,
SANDUR TALUK, BALLARI DISTRICT,
NOW RESIDING AT DARURU VILLAGE,
SIRUGUPPA TALUK, BALLARI DISTRICT-583101.
SRI. IRANNA R. SON OF RAMANNA
40 YEARS, OWNER OF THE AUTO BEARING
REGISTRATION NO.KA 34/B 0775 R/O. 504,
DARURU CROSS, SIRUGUPPA TALUK,
BALLARI DISTRICT-583101.
SINCE DECEASED BY HIS LEGAL HEIRS.
-8-
NC: 2025:KHC-D:13678
MFA No.101876 of 2017
C/W MFA No.100958 of 2017
MFA No.100959 of 2017
HC-KAR MFA.No.100960 of 2017
MFA.No.101877 of 2017
And MFA.No.101878 of 2017
3. SHAKUNTALAMMA WIFE OF SRI. IRANNA R.
39 YEARS, HOUSEWIFE,
R/O. 504, DARURU CROSS, SIRUGUPPA TALUK,
BALLARI DISTRICT-583101.
4. SHIVAMMA D/O. SRI. IRANNA R.,
25 YEARS, COOLIE,
R/O: 504, DARURU CROSS,
SIRUGUPPA TALUK, BALLARI DISTRICT-583101.
5. SRIDEVI D/O. SRI. IRANNA R.,
23 YEARS, COOLIE,
R/O: 504, DARURU CROSS,
SIRUGUPPA TALUK, BALLARI DISTRICT-583101.
...RESPONDENTS
(BY SRI. ANJANEYA M., ADVOCATE FOR R2-R5;
NOTICE TO R1 IS SERVED)
THIS MFA FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO CALL THE RECORDS, HEAR
THE PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR BY
SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED
01.12.2016 PASSED BY THE MOTOR ACCIDENTS CLAIM
TRIBUNAL-II, BALLARI IN MVC NO. 1356/2014 WITH COST IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.101877 OF 2017:
BETWEEN:
SHIVANANDA S/O. NAGARAJA B.
AGE: 11 YEARS, OCC: STUDENT,
SINCE MINOR REPRESENTED BY
HIS NATURAL GUARDIAN AND
MOTHER BY NAME SMT. NAGALAKSHMI
W/O. NAGARAJ B.,
AGE: 28 YEARS, OCC: COOLIE,
-9-
NC: 2025:KHC-D:13678
MFA No.101876 of 2017
C/W MFA No.100958 of 2017
MFA No.100959 of 2017
HC-KAR MFA.No.100960 of 2017
MFA.No.101877 of 2017
And MFA.No.101878 of 2017
R/O: INDIRA NAGAR, MOUNESHWARA TEMPLE,
KURUGODU, BALLARI TALUK & DISTRICT-583116.
...APPELLANT
(BY SRI. M. AMAREGOUDA, ADVOCATE)
AND:
1. SRI. B. RAGHAVENDRA S/O. B. KRISHNAPPA,
AGE: 25 YEARS, OCC: DRIVER OF
AUTO BEARING REG. NO.KA-34/B-0775,
R/O: 2ND WARD, H.NO.342,
TORANAGAL, TQ: SANDUR,
DIST: BALLARI,
NOW RESIDING AT DARURU VILLAGE,
TQ: SIRUGUPPA, DIST: BALLARI-583121.
2. SRI. IRRANNA R. S/O. RAMANNA
SINCE DECEASED BY HIS LEGAL HEIRS
2(a) SHAKUNTHALAMMA W/O. SRI. IRRANNA,
AGE: 39 YEARS, OCC: HOUSEWIFE,
R/O 504, DARURU CROSS,
TQ: SIRUGUPPA, DIST: BALLARI-583121.
2(b) SHIVAMMA D/O. SRI. IRRANNA
AGE: 25 YEARS, OCC: COOLIE,
R/O 504, DARURU CROSS,
TQ: SIRUGUPPA, DIST: BALLARI-583121.
2(c) SRIDEVI D/O. SRI IRRANNA
AGE: 23 YEARS, OCC: COOLIE,
R/O 504, DARURU CROSS,
TQ: SIRUGUPPA, DIST: BALLARI-583121.
3. THE BRANCH MANAGER,
ROYAL SUNDARAM ALLIANCE
INSURANCE COMPANY LIMITED,
SUNDARAM TOWERS, 45 & 46 WHITES ROAD,
- 10 -
NC: 2025:KHC-D:13678
MFA No.101876 of 2017
C/W MFA No.100958 of 2017
MFA No.100959 of 2017
HC-KAR MFA.No.100960 of 2017
MFA.No.101877 of 2017
And MFA.No.101878 of 2017
CHENNAI-600001.
...RESPONDENTS
(BY SRI. ANJANEYA M., ADVOCATE FOR R1 & R2(a-c);
SRI. S.K. KAYAKAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO ALLOW THE ABOVE MISC.
FIRST APPEAL AND CONSEQUENTLY BE PLEASED TO MODIFY
THE JUDGMENT AND AWARD DATED 01.12.2016 PASSED
BEFORE MOTOR ACCIDENTS CLAIM TRIBUNAL-II, BALLARI IN
M.V.C. NO.1355/2014 AND ENHANCE THE COMPENSATION BY
RS.7,22,030/- IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.101878 OF 2017:
BETWEEN:
SMT. NAGALAKSHMI W/O. NAGARAJ B.,
AGE: 28 YEARS, OCC: COOLIE,
R/O: INDIRA NAGAR,
MOUNESHWARA TEMPLE, KURUGODU,
BALLARI TALUK AND DISTRICT.
...APPELLANT
(BY SRI. M. AMARE GOUDA, ADVOCATE)
AND:
1. SRI. B. RAGHAVENDRA S/O. B. KRISHNAPPA,
AGE: 25 YEARS, OCC: DRIVER OF AUTO
BEARING REG. NO.KA-34/B-0775,
R/O: 2ND WARD, H.NO.342,
TORANAGAL, TQ: SANDUR,
DIST: BALLARI,
NOW RESIDING AT DARURU VILLAGE,
TQ: SIRUGUPPA, DIST: BALLARI.
2. SRI. IRRANNA R. S/O RAMANNA
SINCE DECEASED BY HIS LEGAL HEIRS
- 11 -
NC: 2025:KHC-D:13678
MFA No.101876 of 2017
C/W MFA No.100958 of 2017
MFA No.100959 of 2017
HC-KAR MFA.No.100960 of 2017
MFA.No.101877 of 2017
And MFA.No.101878 of 2017
2(a) SHAKUNTHALAMMA
W/O. SRI. IRRANNA,
AGE: 39 YEARS, OCC: HOUSEWIFE,
R/O 504, DARURU CROSS,
TQ: SIRUGUPPA, DIST: BALLARI.
2(b) SHIVAMMA D/O. SRI. IRRANNA
AGE: 25 YEARS, OCC: COOLIE,
R/O 504, DARURU CROSS,
TQ: SIRUGUPPA, DIST: BALLARI.
2(c) SRIDEVI D/O. SRI IRRANNA
AGE: 23 YEARS, OCC: COOLIE,
R/O 504, DARURU CROSS,
TQ: SIRUGUPPA, DIST: BALLARI.
3. THE BRANCH MANAGER,
ROYAL SUNDARAM ALLIANCE
INSURANCE COMPANY LIMITED,
SUNDARAM TOWERS, 45 & 46 WHITES ROAD,
CHENNAI.
...RESPONDENTS
(BY SRI. ANJANEYA M., ADVOCATE FOR R1 & R2 (a-c);
SRI. S.K. KAYAKAMATH, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO ALLOW THE ABOVE MISC.
FIRST APPEAL AND CONSEQUENTLY BE PLEASED TO MODIFY
THE PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
01.12.2016 PASSED BEFORE MOTOR ACCIDENTS CLAIM
TRIBUNAL-II, BALLARI IN M.V.C. NO.1356/2014 AND ENHANCE
THE COMPENSATION BY RS.8,19,040/- IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
- 12 -
NC: 2025:KHC-D:13678
MFA No.101876 of 2017
C/W MFA No.100958 of 2017
MFA No.100959 of 2017
HC-KAR MFA.No.100960 of 2017
MFA.No.101877 of 2017
And MFA.No.101878 of 2017
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) All the six appeals are the outcome of the common order that is rendered by the Motor Accident Claims Tribunal-II, Ballari on 01.12.2016.
2. MFA 100958/2017 is filed by the Insurance Company and MFA 101876/2017 is filed by the claimant challenging the order that is rendered in MVC 1354/2014.
3. MFA 100959/2017 is filed by the Insurance Company and MFA 101877/2017 is filed by the claimant challenging the order that is rendered in MVC 1355/2014.
4. MFA 100960/2017 is filed by the Insurance Company and MFA 101878/2017 is filed by the claimant in MVC 1356/2014.
- 13 -
NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 HC-KAR MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017
5. Heard Sri S.K.Kayakamath who represents the Insurance Company in all the 6 appeals and Sri M.Amare Gouda who represents the claimants in all the 6 appeals.
6. When learned counsel for the Insurance Company contends that the compensation granted is exorbitant and the interest of 7% per annum laid upon the granted amount is also on higher side, learned counsel for the claimants contends that the compensation granted by the tribunal is on lower side and therefore, they are before this Court seeking enhancement.
7. So far as the claimant in MVC 1354/2014 is concerned, the said claimant by name Sri Nagappa as per the evidence produced sustained Type-II Compound Fracture shaft of right femur with fracture neck of femur, right side hip joint. The tribunal granted a sum of Rs.9,19,930/- in total as compensation. The amount of Rs.60,000/- granted under the head pain and suffering and Rs.3,37,925/- granted towards medical expenses needs no interference. So far as loss of income during laid up period is concerned, the tribunal granted a sum of Rs.6,000/- only. Having considered the nature of injuries
- 14 -
NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 HC-KAR MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 sustained, this Court is of the view that the said sum is on lower side. However, when the disability which is partial in nature is 25% as per the evidence produced, the tribunal took the disability in respect of whole body as 25%, which cannot be so. The tribunal apart from granting Rs.3,06,000/- towards loss of future earnings, awarded a sum of Rs.2,00,000/- towards loss of future prospects. Therefore, this Court is of the view that the amount granted in excess can be taken to be Rs.2,00,000/-. Hence, this Court is of the view that the appeal filed by the insurance company is required to be allowed to that extent and consequently the appeal filed by the claimant therein is required to be dismissed.
8. Coming to the claimant in MVC 1355/2014, the said claimant as per the evidence produced sustained fracture of 1st, 2nd and 3rd metatarsal bones of right foot which is grievous in nature. The tribunal granted a sum of Rs.1,00,000/- as compensation towards pain and agony, which is on higher side. The claimant is a boy aged 18 years. Thus granting a sum of Rs.2,250/- under the head loss of income during laid up period is
- 15 -
NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 HC-KAR MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 unjustifiable. Also the amount granted towards loss of future prospects that is Rs.3,00,000/- is unjustifiable as rightly contended by learned counsel for the insurance company. Therefore, this Court is of the view that the compensation that is granted by the tribunal that is Rs.4,77,970/- is required to be reduced by Rs.3,00,000/- thereby, awarding a sum of Rs.1,77,970/- only as compensation. Thus, the appeal that is filed by the insurance company is required to be allowed in part dismissing the appeal that is filed by the claimant.
9. Coming to the claim of the claimant in MVC 1356/2014, the claimant therein sustained injury to cervical spine and injury to right shoulder which are simple in nature and also sustained fracture of temporal bone over right side which is grievous in nature. The tribunal granted a sum of Rs.40,000/- towards pain and agony, which is justifiable. However, the sum granted that is Rs.6,000/- towards loss of income during laid up period is on lower side. But the tribunal granted a sum of Rs.1,00,000/- towards loss of future prospects without there being any material regarding the alleged disability. Thus
- 16 -
NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 HC-KAR MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 considering the totality of evidence produced, this Court is of the view that the sum granted as compensation is required to be reduced by Rs.50,000/-. Therefore, the appeal filed by the insurance company is required to be allowed in part, dismissing the appeal that is filed by the claimant.
10. Thus, all the six appeals are disposed of with the following:
ORDER
i) MFA 100958/2017, MFA 100959/2017 and MFA 100960/2017 are allowed in part.
ii) The compensation that is granted by the Motor Accidents Claims Tribunal-II, Ballari through orders in MVC 1354/2014 dated 01.12.2016 is reduced by Rs.2,00,000/-.
iii) The compensation that is granted by the Motor Accidents Claims Tribunal-II, Ballari through orders in MVC 1355/2014 Dated 01.12.2016 is reduced by Rs.3,00,000/-.
iv) The compensation that is granted by the Motor Accidents Cleanse Tribunal-II, Ballari through
- 17 -
NC: 2025:KHC-D:13678 MFA No.101876 of 2017 C/W MFA No.100958 of 2017 MFA No.100959 of 2017 HC-KAR MFA.No.100960 of 2017 MFA.No.101877 of 2017 And MFA.No.101878 of 2017 orders in MVC 1356/2014 is reduced by Rs.50,000/-.
v) The amount that is awarded as compensation by the tribunal carry interest at the rate of 6% per annum from the date of petition till the date of deposit.
vi) The appeals in MFA 101876/2017, MFA 101877/2017 and MFA 101878/2017 stand dismissed without costs.
vii) Amount if any in deposit be transmitted to the concerned Tribunal immediately.
viii) Amount if any paid in excess by the Insurance
Company be refunded to the Insurance
Company.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
EM
List No.: 1 Sl No.: 49