IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5307 OF 2024 (MV-D)

BETWEEN:

1. SMT. HANUMAMMA W/O LATE BOREGOWDA AGED ABOUT 45 YEARS R/AT BIDARAHOSHALLI VILLAGE C A KERE HOBLI MADDUR TLAUK, DISTRICT -571 402

2. JAI BOREGOWDA H.B., S/O LATE CHIKKA BOREGOWDA AGED ABOUT 30 YEARS Digitally signed by MEGHA R/AT BIDARAHOSHALLI VILLAGE MOHAN Location: HIG H COURT OF C A KERE HOBLI, MADDUR TLAUK KARNATAKA DISTRICT -571 402 …APPELLANTS (BY SRI. GIRISH B BALADARE, ADVOCATE)

AND:

1. THE LEGAL MANAGER-CLAIMES RELIANCE GENERAL INSURANCE CO. LTD., NO 28, 5^TH FLOOR SOUTHERN PORTION EAST WING CENTENARY BUILDING M G ROAD BANGALORE -560 001

2. SHANKAREGOWDA S/O CHANNEGOWDA MAJOR PURADAKOPLU VILLAGE MUDAGANDURU POST DUDDA HOBLI MANDYA TALUK AND DISTRICT -571 402 …RESPONDENTS (BY SRI. D.VIJAYAKUMAR, ADVOCATE FOR R1 R2- SERVED)

THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 26.04.2023 PASSED IN MVC NO.1732/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MADDUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL JUDGMENT

Aggrieved by the award passed in MVC.No.1732/2019 dated 26.04.2023 passed by Senior Civil Judge and M.A.C.T., Maddur, the claimant is before this court seeking enhancement of the compensation towards the loss of bullocks and repair of the bullock cart.

2. The claim petition is filed seeking compensation of an amount of Rs.50,40,000/- for the death of the deceased in the road traffic accident. On 24.09.2019 at about 9.45 P.M. the deceased was carrying the sugarcane in Bullock cart from Bidarahosahalli to Chamundeshwari Sugar Factory in K.M.Doddi road on the correct side of the road and when he reached near Mellahalli village, at that time, the driver of Tipper Lorry drove the vehicle in rash and negligent manner at high speed and dashed against the bullock cart. As a result, deceased fell down and sustained grievous injury and died at the spot and one bullock was grievously injured and was in dying stage and another bullock died on 25.09.2019 and the bullock cart was entirely damaged and loaded sugarcane completely vanished.

3. The Tribunal had awarded the compensation as per the table given below:

4. Learned counsel appearing for the claimant submits that in the accident the bullock cart is completely damaged and bullocks have been injured and they have spent an amount of Rs.75,000/- towards the repair of the bullock cart and an amount of Rs.40,000/- towards value of the bullock, as it is injured, it is not fit for any other purpose. The tribunal, without considering all this had granted only an amount of Rs.20,000/-.

5. Learned counsel appearing for the respondent/

insurance company submits that the Tribunal had rightly observed that the claimant had produced Ex.P.9-IMV report. However, the author of the said documents are not examined to establish that they have spent an amount of Rs.75,000/- towards repair of bullock cart and the value of the bullock was Rs.40,000/-. Accordingly, the tribunal had granted compensation of an amount of Rs.20,000/- and no interference is called for.

6. Having heard the learned counsels on either side, perused the entire material on record. It is an admitted fact that the bullock cart is damaged and the wound certificate shows that the bullock is completely injured and no person is examined in that regard. However, considering the fact that the bullock is injured and however they must have spent some considerable amount towards the repair of the bullock cart this court deems it appropriate to enhance the compensation by Rs.40,000/- towards the loss of bullocks and repair of bullock cart.

7. The claimant entitled for compensation for an amount of Rs.22,66,800/- under the following hea