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
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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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HC-KAR
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;
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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
CT:RJ
