IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.5002 OF 2020(MV-I)

BETWEEN: PADMAMMA DEAD BY LR’S

1. LOKESH S/O LATE KARIGOWDA AGED ABOUT 59 YEARS R/AT HARIKYATHANAHALLI VILLAGE & POST GAVADAGERE HOBLI, HUNSUR TQ MYSURU DISTRICT

2. H.L. DHANANJAYA S/O LOKESH AGE 39 YEARS R/AT D.NO.103/1, KOORGALLI VILLAGE BELWADI POST, MYSURU DISTRICT

3. SMT. PUTTASUMITHRA W/O LAKSHMANEGOWDA D/O LOKESH AGE 37 YEARS, ANAGODU HOBLI HUNSUR TQ, MYSURU DISTRICT.

…APPELLANTS (BY SRI. SYED ABDUL SABOOR., ADVOCATE)

AND:

1. SMT. CHANDRAMMA W/O MANCHEGOWDA AGED ABOUT 54 YEARS R/AT 43 DODDEGOWDANAKOPPALU VILLAGE, HUNSUR TQ, MYSURU DISTRICT.

2. THE MANAGER SRIRAM GENERAL INSURANCE COMPANY LTD E-8, EPIP, SEETHAPURA, INDUSTRIAL AREA, JAIPUR, RAJASTHAN.

…RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, VIDE ORDER DATED 07.06.2022, NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.27.06.2019 PASSED IN MVC NO.397/2016 ON THE FILE OF THE COURT OF THE JUDGE, PRL. SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSURU, 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 MS. JUSTICE TARA VITASTA GANJU

JUDGMENT

1. The present appeal has been filed under Section 173(1) of the Motor Vehicles Act, 1988, seeking to challenge Judgment and Award dated 27.06.2019 in MVC No.397/2016 passed by the Judge, Principal Court of Small Causes, Motor Accidents Claims Tribunal, Mysuru [hereinafter referred to as the “Impugned Award”].

2. By the Impugned Award, the appellants/claimants have been awarded a compensation of Rs.3,46,000/- along with interest at the rate of 6% p.a. and respondent No.2/ Insurance Company has been held as liable to pay the amount awarded. The challenge in the present appeal has been made by the appellants/claimants seeking an enhancement of the amounts awarded.

3. This Court on 21.01.2026, after hearing the parties passed the following directions:

“2. Learned counsel for the appellants/claimants submits that the wife of appellant No.1 and mother of appellant Nos.2 and 3 –Smt. Padamamma was injured in an accident that had occurred on 14.02.2016, while she was travelling in a vehicle called Tata Magic bearing registration No.KA-09/4865, being driven in a rash and negligent manner and at a high speed, on the Hassan- Mysuru Main Road, when the driver of the vehicle lost control and the vehicle turtled.

3. Learned counsel for the appellants/claimants submits that within six months of the date of the accident, the injured Smt. Padamamma passed away, after being discharged from the Hospital.

4. Learned counsel for the appellants/claimants submits that the injuries were correctly recorded, however, the Tribunal has failed to grant adequate compensation.

5. Learned counsel for the respondents, on the other hand, submits that the Doctor (PW-2), in his evidence, stated that he did not know the reasons for the death of the deceased and that there was no nexus between the injuries and the death.

6. The evidence of the Doctor (PW-2), however, is in vernacular language.”

4. The brief facts in the case are that the deceased that on 14.02.2016 at about 5.00 pm, appellant/claimant was returning from K.Hosalli Village in a Tata Magic bearing registration No.KA-09-B-4865, the vehicle was being driven in a rash and negligent manner at a high speed on the Hassan-Mysuru road and the driver lost control and the vehicle turned turtle. Due to the accident, the appellant as well all passengers in the vehicle also sustained injuries. The appellant/claimant was originally hospitalized for a period of 4 days. The claim petition was filed by the appellants/claimants seeking compensation in the sum of Rs.44,00,000/-. The claim petition was contested by the respondent No.2-Insurance Company alone. The respo