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Karnataka High Court
Rangaswamaiah vs Chikkaraju H on 8 January, 2026
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NC: 2026:KHC:1159
MFA No. 1464 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.1464 OF 2022(MV-I)
BETWEEN:
RANGASWAMAIAH
AGED ABOUT 44 YEARS,
S/O KEMPARANGAIAH,
R/A ANTHARASANAHALLI VILLAGE,
REVANASIDDESHWARA MUTT,
TUMKUR TOWN-272122.
...APPELLANT
(BY SRI. MUSHTAQ AHMED, ADVOCATE)
Digitally signed
by AASEEFA AND:
PARVEEN
Location: HIGH 1. CHIKKARAJU H.,
COURT OF
KARNATAKA AGED ABOUT 49 YEARS,
S/O HANUMANTHARAYAPPA
R/A YALLAPURA
TUMKUR-572122.
2. THE MANAGER
M/S UNITED INDIA INSURANCE CO. LTD.,
-2-
NC: 2026:KHC:1159
MFA No. 1464 of 2022
HC-KAR
1ST FLOOR, RAJA COMPLEX,
DR AMBEDKAR ROAD SIRA,
TUMKUR DIST-52131.
REP BY ITS MANAGER
...RESPONDENTS
(BY SRI.Y.K. SHESHAGIRI RAO, ADVOCATE FOR R2;
V/O. DATED 15.03.2023, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17.12.2019 PASSED IN MVC
NO.1162/2017 ON THE FILE OF THE VI ADDITIONAL DISTRICT
AND SESSIONS JUDGE, TUMAKURU, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
-3-
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MFA No. 1464 of 2022
HC-KAR
ORAL JUDGMENT
Heard Sri.Mushtaq Ahmed, learned counsel for the
appellant, as well as Sri.Y.K.Sheshagiri Rao, learned counsel for
respondent No.2.
2. This appeal is the outcome of the award that is
passed by the Motor Accident Claims Tribunal, Tumkur, in MVC
No.1162/2017 dated 17.12.2019. This is a claimant's appeal.
3. On the ground that the tribunal awarded meager
sum as compensation, the present appeal is filed. Though
learned counsel for the appellant initially argued at length in
respect of merits of the matter, ultimately on hearing the
submission of learned counsel for respondent No.2, states that
there may be marginal enhancement.
4. A perusal of record reveals that the Court taking
into consideration each and every aspect of the case has come
to a just conclusion with regard to the amount which the
appellant is entitled to under each head. Though the notional
income taken by the tribunal is on lower side, as rightly
contended by learned counsel for respondent No.2, the
disability assessed is on higher side. Therefore, taking into
consideration the totality of evidence produced, this Court is of
NC: 2026:KHC:1159
HC-KAR
the view that the compensation which the appellant is entitled
to in addition to the sum that is awarded by the Tribunal
globally can be only ₹30,000/-, as this Court is of the view that
the Tribunal has not awarded justifiable sum towards loss of
earnings during laid up period. Thus, the appeal is disposed of
with the following
ORDER
i) The appeal is allowed in part.
ii) The compensation that is granted by the Motor
Accident Claims Tribunal, Tumkur, through orders in MVC
No.1162/2017 dated 17.12.2019 is enhanced by ₹30,000/-
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 eight weeks from the date of receipt of
certified copy of this judgment.
v) On such deposit, the appellant is permitted to
withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
AP
CT:TSM, List No.: 1 Sl No.: 33
