Karnataka High Court
The Manager vs S. N. Ramegowda Alias Rajanna on 24 September, 2025
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NC: 2025:KHC:38499
MFA No. 3523 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO.3523 OF 2018(MV-I)
BETWEEN:
THE MANAGER
RELINACE GIC LTD.,
OFFICE AT 1ST AND 2ND FLOOR,
MAGNANUR COMMERCIAL COMPLEX,
NEAR KSRTC BUS STAND, B.D. ROAD
CHITRADURGA,
ALSO BANGALORE OFFICE AT:
11TH MAIN, III BLOCK,
2ND FLOOR, S. M. TOWERS,
JAYANAGARA, BANGALORE-11
NOW REP. BY
LEGAL MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD.,
Digitally signed by
REGIONAL OFICE, 5TH FLOOR,
LAKSHMINARAYANA CENTENARY BUILDING,
MURTHY RAJASHRI
Location: HIGH
NO.28, M G ROAD,
COURT OF BANGALORE - 5600
KARNATAKA
...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. S. N. RAMEGOWDA ALIAS RAJANNA,
S/O LATE NANJAPPA,
AGED ABOUT 67 YEARS,
R/AT SUKLAPURA VILLAGE,
MADIHALLI POST,
KASABA HOBLI,
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MFA No. 3523 of 2018
HC-KAR
TURUKEVERE TALUK,
TUMKUR DIST.
KARNATAKA STATE
AND ALSO AT
C/O SHIVANANJEGOWDA
NO.3, 10TH MAIN ROAD,
2ND CROSS, HESARAGHATTA MAIN ROAD,
BAGALAKUNTE BUS STOP,
BHUNESHWARINAGAR,
BEHIDN SRI SAI KALYANA MANTAPA
BANGALORE - 560 057
2. SRI RAJAPPA
S/O SHANTHAPPA,
NOW AGED ABOUT 42 YEARS,
R/AT HOLALKERE ROAD,
NEAR BARIGERAMMA TEMPLE,
HONDADA AREA,
CHITRADURGA TOWN,
CHITRADURGA - 577 501
KARNATAKA STATE
...RESPONDENTS
(BY SRI. M. S. MOHAN, ADVOCATE FOR R1;
V/O DATED 11.10.2023 SERVICE OF NOTICE TO R2 D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 14.02.2018
PASSED IN MVC NO. 8242/2016 ON THE FILE OF THE 21ST
ACMM & 23RD ADDITIONAL SMALL CAUSE JUDGE, MACT,
BENGALURU, AWARDING COMPENSATION OF RS.7,25,500/-
WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL
THE DATE OF DEPOSIT.
THIS APPEAL COMING ON FOR HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
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NC: 2025:KHC:38499
MFA No. 3523 of 2018
HC-KAR
ORAL JUDGMENT
1. Heard arguments of learned counsel appearing for
the parties.
2. This appeal is filed against the award of the Tribunal
passed in MVC No. 8242/2016 dated 14.02.2018.
3. The injured - claimant filed claim application
claiming compensation of Rs.75,00,000/-, but the Tribunal
considered the entire evidence on record and granted a sum of
Rs.7,25,500/- with interest at the rate of 8% p.a. from the
date of petition till the date of depositing the amount.
Aggrieved by the said order, the insurance company has filed
this appeal disputing the quantum.
4. Learned counsel for appellant mainly contended
that the Tribunal erred in taking the income of the petitioner at
Rs.8,000/- without any basis. Interest is to be granted at the
rate of 6%, but, the Tribunal has granted interest at the rate of
8%. Therefore, he requested for modification of the order.
5. Petitioner was aged about 62 years and was doing
agriculture and earning Rs.40,000/- per month. The Tribunal
observed that the petitioner had not produced any documents
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HC-KAR
to prove his income. Petitioner had filed his land documents
under Ex.P.23, but, he had not filed any documents to prove
his income. The Tribunal has taken the notional income of the
petitioner at Rs.8,000/-, but he met with an accident on
29.12.2015 and as per the guidelines of Karnataka State Legal
Service Authority his notional income is to be taken as
Rs.9,000/-.
6. Petitioner examined P.W.2 who assessed motor
system disability of 25%, epilepsy and fits 25% and global
neurological disability of 59%, but, the Tribunal considering all
the aspects has taken the whole body disability at 29%. The
Insurance Company mainly disputes the income assessed by
P.W.2 as excessive. Considering the evidence on record this
Court finds it reasonable to confirm the same. Hence,
9000 X 12 X 7 X 29% = 219240 (loss of future income)
9000 X 3 = 27000 (income during the laid up period)
7. The compensation awarded by the Tribunal under
other heads needs no interference.
8. In view of the above, the total compensation
payable is :
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HC-KAR
a) Pain and suffering - Rs. 75,000.00
b) Medical expenses - Rs.3,96,582.00
c) Loss of income during laid
up period - Rs. 27,000.00
d) Loss of future income - Rs.2,19,240.00
e) Loss of future amenities
and happiness - Rs. 15,000.00
f) Attendant, conveyance, food
and nourishment charges - Rs. 20,000.00
-----------------
TOTAL - Rs.7,52,822.00
9. Accordingly, appeal is allowed in part and the total
compensation is enhanced to Rs.7,52,822/- with interest at the
rate of 6% p.a. from the date of petition till realization. The
Insurance Company is directed to deposit the total
compensation amount with interest at the rate of 6% p.a.
within 1 month from today. On such deposit, respondent No. 1
is permitted to withdraw the entire amount along with the
interest accrued on it.
Sd/-
(P SREE SUDHA)
JUDGE
LRS
