Karnataka High Court
S.G. Choodamani vs Somashekara on 15 September, 2025
-1-
NC: 2025:KHC:36533
MFA No. 5633 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
M.F.A. NO. 5633 OF 2019 (MV-I)
BETWEEN:
1. S.G. CHOODAMANI
W/O LATE K G RANGANATHA
AGED ABOUT 38 YEARS,
R/AT KUDLURU VILLAGE,
TARIKERE TALUK
CHIKKAMAGALURU DISTRICT-577 228
... APPELLANT
(BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE)
AND:
1. SOMASHEKARA
Digitally signed
by SHWETHA S/O PUTTAIAHGOWDA
RAGHAVENDRA
Location: HIGH AGED ABOUT 43 YEARS,
COURT OF
KARNATAKA R/AT VIGNESHWARA NILAYA
SAGARA ROAD, HALKOLA
SHIVAMOGGA DIST-577 401
2. M/S UNITED INDIA INSURANCE COMPANY LTD
NO.1137/947 RUB BUIDLING
B.H. ROAD,
SHIVAMOGGA-577 201
REP BY ITS BRANCH MANAGER
(POLICY NO.2404003115P103382134)
... RESPONDENTS
-2-
NC: 2025:KHC:36533
MFA No. 5633 of 2019
HC-KAR
(BY SRI. H.C. VRUSHABENDRAIAH, ADVOCATE FOR R2;
V/O DATED 18.06.2025 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 09/01/2019, PASSED IN MVC
NO.242/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND
PRINCIPAL JMFC., AND MAMACT, TARIKERE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal is filed by the appellant under Section
173(1) of the Motor Vehicles Act, 1988 against the
judgment and award dated 09.01.2019 passed in MVC
No.242/2016, by the Senior Civil Judge and MACT,
Tarikere, and seeking enhancement of compensation.
2. The status of the parties before the Tribunal is
retained for the sake of convenience.
3. A common award was passed by the Tribunal in
M.V.C.No. 257/2016 filed by the appellant seeking
compensation due to the death of her husband and in
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HC-KAR
M.V.C.No. 242/2016 filed by the same appellant seeking
compensation for the injuries sustained by her. This
appeal is preferred against the award passed in
M.V.C.No.242/2016 in which a global compensation of
Rs.10,000/- along with interest at 6% per annum from the
date of petition till the date of deposit, has been granted.
4. The appellant contended that she was a pillion
rider and she fell down and sustained grievous injuries to
head, chest and other parts of the body and she was
shifted to the hospital in an Ambulance. It is contended
that the Tribunal erred in granting Rs.10,000/- global
compensation and no amount is granted for 'loss of
earning during laid up period', 'medical expenses' etc., and
requested for grant Rs.50,000/- for treatment.
5. Heard the arguments of learned counsel for
both parties.
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6. Petitioner was aged 35 years at the time of
accident and she was working as home maker. She met
with an accident on 08.10.2015 and sustained following
injuries:
a. fresh cut lacerated wound over left forehead
b. tooth injury over upper and lower tooth loose
and tenderness
c. fresh abrasion over left knee
7. The appellant states that she has spent around
Rs.2,00,000/- for her treatment, but she has not produced
any documents to substantiate her version. This Court
finds it reasonable to grant Rs.10,000/- towards pain and
suffering, Rs.5,000/- towards loss of amenities,
Rs.10,000/- towards medical expenses and Rs.5,000/-
towards conveyance and extra nourishment. She might
not have attended any other work during laid up period
atleast for a period of 2 months. Therefore, since the
accident has occurred during 2015, her notional income is
to be taken as Rs.9,000/- per month as per the guidelines
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of the Karnataka State Legal Services Authority.
Accordingly, an amount of Rs.18,000/- (Rs.9,000/- x 2) is
awarded towards loss of income during laid up period.
8. Thus in all, award of compensation passed by
the Tribunal is modified as under:
Compensation under Amount
different Heads (Rs.)
Pain and sufferings 10,000/-
Loss of amenities 5,000/-
Medical expenses 10,000/-
Conveyance and extra 5,000/-
nourishment
Loss of income during laid 18,000/-
up period
Total 48,000/-
9. Accordingly, the compensation is enhanced from
Rs.10,000/- to Rs.48,000/-.
10. In the result, the following order is passed:
ORDER
i. Appeal is allowed.
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ii. The judgment and award dated 09.01.2019
passed in MVC No.242/2016, by the Senior
Civil Judge and MACT, Tarikere.
iii. The claimant is entitled to a sum of
Rs.48,000/- along with interest at 6% per
annum from the date of petition till the
date of realization as against Rs.10,000/-.
iv. Respondent No.2 - Insurance Company is
directed to deposit the said amount within
one month from the date of this order.
v. On such deposit, the appellant is permitted
to withdraw the entire amount along with
accrued interest.
vi. Registry is directed to return the Trial Court
records to the Tribunal, along with certified
copy of the order passed by this Court
forthwith without any delay.
vii. Draw award accordingly.
Sd/-
(P SREE SUDHA)
JUDGE
VP
