Karnataka High Court
Sangeeta W/O Mallanna Sajjan vs M. Mahammad Usman And Anr on 9 October, 2025
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NC: 2025:KHC-K:5931
MFA No. 200496 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 200496 OF 2022 (MV-I)
BETWEEN:
SMT.SANGEETA,
W/O. MALLANNA SAJJAN,
AGED ABOUT 38 YEARS,
OCC. GARMENT FACTORY WORKER,
SILVER CREST CLOTHING PVT. LTD.,
EOI, UNIT NO.II, BENGALURU, NOW NIL,
R/O. BENGALURU, PERMANENT AT CHATNALLI.
NOW AT KANAKADASABADAWANE,
VIJAYPURA.
...APPELLANT
(BY SMT.RATNA N. SHIVAYOGIMATH, ADVOCATE)
AND:
Digitally signed
by SUMITRA
SHERIGAR 1. M. MAHAMMAD USMAN,
Location: HIGH S/O. MARIDSHAHA,
COURT OF AGED ABOUT 63 YEARS,
KARNATAKA OCC. VEHICLE OWNER,
R/O. NEAR AYYAPPA TEMPLE,
TQ. ATTIBELE, BANGALORE DISTRICT-562107.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO.LTD,
S.S FRONT ROAD, BIJAPUR-586101.
...RESPONDENTS
(BY SRI. S.S.ASPALLI, ADV. FOR R2;
V/O. DATED 09.02.2024, NOTICE TO R1 DISPENSED WITH)
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NC: 2025:KHC-K:5931
MFA No. 200496 of 2022
HC-KAR
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND
AWARD DATED 03.03.2021 PASSED BY THE MACT - II AND I
ADDL. DIST. JUDGE, VIJAYAPURA, IN MVC NO.1607/2008, AND
AWARD THE COMPENSATION AS PRAYED FOR IN THE
ORIGINAL CLAIM PETITION, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE Mrs JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. Heard the arguments from both sides.
2. This appeal is preferred by the claimant against the Judgment and award dated 03.03.2021 passed in MVC No.1607/2008 by the Motor Accident Claims Tribunal-II, Vijayapura (for short 'the tribunal').
3. The claimant-Sangeeta W/o. Mallanna Sajjan, aged 25 years was working under a private factory. She met with a road traffic accident on 04.08.2008 and she filed a claim petition before the tribunal seeking compensation of Rs.12,00,000/- with interest.
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4. The tribunal considering the evidence on record, awarded a sum of Rs.50,500/- with 6% interest from the date of Judgment till deposit of the award amount. Aggrieved by the said Judgment and award, the claimant preferred this appeal and she mainly contended that, she was earning Rs.10,000/- per month. She has stated that, she sustained head injury and other injuries over the body and she was unconscious and later she was shifted to Government Hospital, Vijayapura for several days and she is still under physiotherapy. P.W.2 the Doctor assessed neurological disability at 50% to 60%. She submits that, the tribunal has awarded meager compensation under different heads and requests for enhancement of the compensation. As per the wound certificate she sustained simple injuries. She filed a discharge summary. She was admitted in the hospital for seven days. Ex.P.22 is the injury certificate.
5. The tribunal awarded a sum of Rs.25,500/- under the head of medical expenses; Rs.10,000/- is awarded under the head of attendant and miscellaneous charges and Rs.10,000/- under the head of pain and suffering and -4- NC: 2025:KHC-K:5931 MFA No. 200496 of 2022 HC-KAR Rs.5,000/- towards loss of amenities. It was observed by the tribunal that, P.W.2 is not competent to assess neurological condition of the petitioner and accordingly, the said disablity certificate was not considered. P.W.2 is M.S. General Surgeon and admittedly he is not competent to assess the neurological condition of the petitioner. The petitioner might have examined the competent person to prove the disability. The tribunal rightly has not considered the disability assessed by P.W.2 and this Court finds no reason to interfere with the said finding.
6. Considering the nature of injuries, this Court feels reasonable to award a sum of Rs.25,000/- towards pain and sufferings, Rs.15,000/- towards loss of amenities and Rs.15,000/- towards transportation, food and nourishment. The amount awarded under the head of medical expenses in a sum of Rs.25,500/- needs no interference. Hence, the total compensation comes to Rs.80,500/- as against Rs.50,500/- awarded by the tribunal.
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7. Learned counsel for the respondent No.2. submits that, the compensation amount awarded by the tribunal has been deposited before the tribunal. Therefore, this Court finds it reasonable to direct respondent No.2 to deposit enhanced compensation of Rs.30,000/- with interest at the rate of 6% per annum within a month from the date of this order.
8. Accordingly, the following :
ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitle to total compensation of Rs.80,500/- as against Rs.50,500/- awarded by the tribunal with interest at the rate of 6% per annum;
(iii) Respondent No.2 is directed to deposit Rs.30,000/- with 6% interest, within a period of one month from the date of this order; -6-
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(iv) On such deposit, the petitioner-claimant is permitted to withdraw the entire amount along with interest.
Sd/-
(P SREE SUDHA) JUDGE SVH List No.: 1 Sl No.: 50 CT:RJ