Karnataka High Court
Shivappa S/O Yallappa Pyati vs Sri. Krishnashekhar S/O ... on 10 October, 2025
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NC: 2025:KHC-D:13722
MFA No. 100977 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 10TH DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 100977 OF 2018 (MV-I)
BETWEEN:
SHIVAPPA
S/O. YALLAPPA PYATI,
AGE: 48 YEARS,
OCC: SHEPHERD,
R/O: SADASHIVAPETH,
SHIGGAON-581205,
TQ: SHIGGAON,
DIST: HAVERI.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
GIRIJA A.
BYAHATTI 1. SRI. KRISHNASHEKHAR
Digitally signed by S/O. DIRENDRAPRASAD SING MEENASING,
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
KARNATAKA
AGE: 36 YEARS,
DHARWAD BENCH
DHARWAD
OCC: BUSINESS,
R/O: B-206, SILVER CROWN, HOSA ROAD,
NEAR AMRITA ENGINEERING COLLEGE,
OPP. SARJAPUR ROAD,
BENGALURU-562125.
2. THE AUTHORIZED SIGNATORY,
THE RELIANCE GENERAL
INSURANCE CO. LTD,
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MFA No. 100977 of 2018
HC-KAR
BRANCH OFFICE, CTS #472-474,
V.A. KALBURGI SQUARE,
DESAI CROSS,
DESHPANDE NAGAR,
HUBBALLI-580029.
...RESPONDENTS
(BY MISS. ANUSHA FOR
SRI. S.K. KAYAKAMATH, ADVOCATES FOR R2;
R1-NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION BY
MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C.
NO.221/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL
HAVERI, DATED 04.11.2017 BY ALLOWING THIS APPEAL WITH
COST, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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MFA No. 100977 of 2018
HC-KAR
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard Sri.Harish S.Maigur learned counsel for the
appellant who appears before this Court physically. Also
heard Miss.Anusha who appears through video conference
and represents Sri.S.K.Kayakmath learned counsel for
respondent No.2.
2. Being aggrieved by the sum that is awarded as
compensation by the Additional Motor Accident Claims
Tribunal, Haveri (hereinafter referred to as 'the Tribunal' for
brevity) through orders in M.V.C. No.221/2015 dated
04.11.2017 the present appeal is filed by the claimant
therein.
3. On the ground that his sheep 11 in number died
and 11 got injured in a road traffic accident that occurred in
the year 2014, the appellant filed a petition claiming
compensation of Rs.12,00,000/- in total. The Tribunal
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through the impugned award granted a sum of Rs.65,000/-
globally as compensation.
4. The submission of the learned counsel for the
appellant is that the sheep were aged around 3 to 5 years
by the date of their death. The appellant was eking out his
livelihood by maintaining the said sheep. Learned counsel
further submits that 11 other sheep got injured in the said
accident and no compensation was awarded for those
injured sheep. Learned counsel thereby seeks for
enhancement of compensation.
5. Learned counsel who represents respondent No.2
submits that she is not in possession of the impugned order
and therefore the Court may pass orders basing on the
material available on record.
6. The Tribunal in the impugned order made a clear
mentioning that though as per the version of the appellant
11 sheep were injured, Ex.P.20-Wound Certificate reveals
that only 6 sheep were injured. The Tribunal assessed the
value of each sheep as Rs.5,000/-. However as rightly
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HC-KAR
contented, in case the sheep were alive, the appellant
would have earned much more by rearing the said sheep
and through the livestock that would have been produced
by the said sheep. Also as rightly contented no sum is
awarded as compensation for transportation and treatment
of the injured sheep 6 in number. Thus, considering the
facts and circumstances of the case, this Court is of the
view that a sum of Rs.5,000/- additionally is required to be
granted as compensation for the death of each sheep. Thus,
the compensation which the appellant is entitled to receive
so far as the death of 11 sheep is concerned additionally is
Rs.55,000/- (Rs.5,000 X 11). As far as the injured sheep
that is 6 in number is concerned, this Court is of the view
that for the transportation and treatment of those injured
sheep, a sum of Rs.3,000/- per sheep is required to be
granted. Thus, the compensation which the appellant is
entitled to receive for the injured sheep is Rs.18,000/-
(Rs.3,000 X 6). The appellant is also entitled to an
additional sum of Rs.10,000/- towards the funeral expenses
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of 11 sheep which died during the course of accident. Thus
the additional sum which the appellant is entitled to receive
is Rs.83,000/- (55,000 + 18,000 + 10,000). Therefore the
appeal is disposed of with the following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by the
Additional Motor Accident Claims Tribunal,
Haveri through orders in M.V.C.
No.221/2015 dated 04.11.2017 is
enhanced by Rs.83,000/-.
(iii) The enhanced sum shall carry interest at
the rate of 6% per annum from the date of
petition till the date of deposit.
(iv) Respondent No.2 is directed to deposit the
enhanced sum within a period of 8 weeks
from the date of receipt of certified copy of
this judgment.
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(v) On such deposit, the appellant is permitted
to withdraw the entire amount.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
RH
