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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF NOVEMBER 2021

BEFORE

THE HON9BLE MR. JUSTICE E.S.INDIRESH

M.F.A. NO. 417/2014 (MV-GEN)

BETWEEN:

SMT. ANNAPOORNAMMA

W/O LATE SHANKAREGOWDA

AGED ABOUT 51 YEARS

VOLAGARAHALLI VILLAGE

MADDUR TALUK

MANDYA DISTRICT

... APPELLANT

(BY SRI SANATH KUMARA K.M, ADVOCATE)

AND:

1. KARTHIK M

S/O SRI MURUGANAIDU

M R NO.2733

GANDHINAGAR

MANDYA TALUK

MANDYA DISTRICT-571 401.

2. THE BRANCH MANAGER

UNITED INDIA INSURANCE CO. LTD.,

M C ROAD

MANDYA 571 401.

3. SMT ROOPA R

W/O LATE S THIMMEGWODA

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AGED ABOUT 24 YEARS

R/AT VOLAGARAHALLI VILLAGE

MADDUR TALUK

MANDYA DISTRICT-471 401.

... RESPONDENTS

(BY SRI K.S.LAKSHMINARASAPPA FOR

SRI A.M.VENKATESH, ADVOCATE FOR R-2;

R-1 AND R-3 ARE SERVED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED

UNDER SECTION 173(1) OF M.V. ACT PRAYING TO

MODIFY THE JUDGMENT AND AWARD DATED 27.9.2013

PASSED IN MVC.01/2013 ON THE FILE OF SENIOR CIVIL

JUDGE (Sr.Dn.) AND MACT AT MADDUR AND ENHANCE

THE COMPENSATION IN THE INTEREST OF JUSTICE AND

EQUITY.

THIS APPEAL COMING ON FOR FINAL HEARING

THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is preferred by the respondent no.3

in MVC. No.01/2013 challenging the judgment and

award dated 27.9.2013 on the file of Senior Civil

Judge & MACT, Maddur, (for short hereinafter

referred to as 'Tribunal'), seeking enhancement of

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compensation and apportionment in the quantum of

compensation awarded by the Tribunal.

2. For the sake of convenience, the parties in

this appeal shall be referred to in terms of their

status and ranking before the Tribunal.

3. It is the case of the claimant that, on

25.7.2012 at about 6.30 p.m., husband of the

claimant-S.Thimmegowda was proceeding on a

motorcycle bearing registration No.KA-11-W-9473

near Green Palace on Bangalore Mysuru Road. At

that time, a Bajaj Pulsar motorcycle bearing

registration No.KA-03-HE-9277 being driven in a

rash

and

negligent

manner,

dashed

to

the

motorcycle of said Thimmegowda and consequently,

he sustained multiple injuries and he was shifted to

Government Hospital, Mandya for first aid and

thereafter, shifted to NIMHANS Bengaluru, for

further treatment. He survived for 4 days and

succumbed to the injuries suffered in the accident.

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4. It is the case of the claimant that the

deceased was working as Group-D employee at

Taluk Office, Mandya, and on account of the death of

her husband, she lost the sole bread earner and as

such, approached the Tribunal by filing a claim

petition in MVC. No.01/2013.

5. Claimant has arraigned mother of the

deceased as respondent no.3. On service of notice,

respondent no.1 unrepresented and placed ex parte.

Respondent No.2 entered appearance and filed a

detailed written statement denying the averments

made in claim petition. Respondent No.3- mother of

deceased also filed detailed written statement

contending that she spent more than Rs.3,50,000/-

towards medical expenses and she

was also

depending upon the earnings of her deceased son

and as such, claimed apportionment of compensation

before the Tribunal.

6. The Tribunal, based on the pleadings on

record, formulated issues for consideration. Claimant

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was examined as PW-1 and she has produced 16

documents which are marked as Exs.P-1 to P-16.

Mother of the deceased was examined as RW-1 and

she produced 4 documents marked as Exs.R-1 to

R-4. The Tribunal, after considering the material on

record,

by

its

judgment

and

award

dated

27.09.2013, allowed the claim petition in part and

awarded Rs.22,95,400/- with interest at the rate of

6% p.a. from the date of petition till realization. The

Tribunal, apportioned the quantum of compensation

and awarded Rs.20,00,000/- in favour of claimant

and the remaining Rs.2,95,400/- was awarded to

respondent

No.-3

mother

of

deceased.

Being

aggrieved by the said judgment and