IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE UMESH M ADIGA

MISCELLANEOUS FIRST APPEAL NO. 3355 OF 2021 (MV-I)

BETWEEN:

JAYALAKAXMAMMA,

W/O SIDDAIAH,

NOW AGED ABOUT 47 YEARS,

RESIDING AT NO.419,

NIDAGHATTA MADDUR TALUK,

MANDYA DISTRICT.

…APPELLANT

(BY SRI. RANGEGOWDA N.R., ADVOCATE)

AND:

1. MADHU S/O RAJAPPA AGED MAJOR

R/O NO.28,

SUBRAMANYA TEMPLE ROAD,

KUDIGERE VILLAGE AND POST,

BHADRAVATHI TALUK,

Digitally signed

SHIVAMOGGA DISTRICT- 577 201.

by ANNAPURNA

G

2. UNITED INDIA INS. CO. LTD.,

Location: H IGH

REGIONAL OFFICE, 5^TH FLOOR,

COURT OF

KARNATAKA KRUSHI BHAVAN,

NRUPATHUNGA ROAD, NEAR HUDSON CIRCLE BANGALORE - 560 027.

…RESPONDENTS

(BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2,

VIDE ORDER DATED 12/11/2025,

NOTICE TO R1 IS DISPENSED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.02.2021 PASSED IN MVC NO. 5912/2018 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-11), 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 MR. JUSTICE UMESH M ADIGA

ORAL JUDGMENT

This appeal is filed by the claimant challenging the judgment and award dated 23.02.2021 passed by the I Addl.Small Causes Judge and MACT, Bengaluru (for short `Tribunal'), in MVC No.5912/2018, seeking enhancement of compensation.

2. Though appeal is slated for admission, with consent of learned advocates appearing for both the sides, it is taken up for final disposal.

3. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

4. The brief facts of the case are that, on

31.08.2018 at about 7.30 a.m., the petitioner was sitting in a APE Autorickshaw bearing registration NoKA-11-A- 7266, which was parked on the extreme left side on Bengaluru-Mysuru road, near somanahalli Industrial area, Maddur Taluk, Mandya District. The driver of Maruti Omni car bearing registration No.KA-14-Z-2681 came from Bengaluru towards Mysuru side driven it in a rash and negligent manner and hit the APE authorickshaw. As a result, the claimant sustained fracture of both femur bones of lower limb. She has suffered permanent disability of 67.4% to the lower limb. She was aged about 55 years at the time of the accident. She was a tailor and was earning Rs.15,000/- per month. Due to the injuries sustained in the accident, she has suffered permanent disability and loss of her earning capacity. With these reasons, the claimant has prayed for awarding of compensation.

5. The respondent No.1 was the owner and respondent No.2 was the insurer of the offending motorcycle. Respondents filed their respective written statement denying the petition averments. Respondent No.1 contended that the said vehicle was insured with respondent No.2, therefore, respondent No.2 is liable to pay the compensation. With these reasons, it prayed to dismiss the claim petition.

6. From the rival contentions of the parties, the Tribunal framed necessary issues.

7. The claimant to prove her case, examined three witnesses as PW-1 to PW-3 and marked 17 documents, as per Exs.P-1 to P-17. Respondent No.2 has not lead any oral or documentary evidence.

8. The Tribunal after hearing both parties and appreciating the evidence on record, by the impugned judgment, awarded the following amount of compensation:

Being aggrieved by the said award passed by the Tribunal, the claimant has filed the present appeal seeking enhancement of compensation.

9. Heard the arguments of the learned counsel appearing for the claimant as well as the insurer.

10. Learned counsel for the appellant/claimant contended that the compensation awarded by the Tribunal is inadequate; The Tribunal has not considered the income of the claimant properly and the disability assessed is also on the lower side; The compensation awarded under other heads are also on the lower side. Hence, prayed for enhancement