Karnataka High Court
Pavani vs Mr.Sridhar on 12 March, 2026
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NC: 2026:KHC:14865
MFA No. 6738 of 2014
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 6738 OF 2014 (MV)
BETWEEN:
PAVANI
D/O LATE GOPALA SHETTY
AGED ABOUT TWO YEARS
MINOR
REPRESENTED BY HER GUARDIAN
MOTHER SMT VANITHA SHETTY
W/O LATE GOPALA SHETTY
AGED ABOUT 28 YEARS
R/O HEBBAGILUMANE
BALKUR VILLAGE & POST
Digitally KUNDAPURA TALUK-576219
signed by
NIRMALA ...APPELLANT
DEVI
(BY SRI. HAREESH BHANDARY T, ADVOCATE)
Location:
HIGH
COURT OF AND:
KARNATAKA
1. MR.SRIDHAR
S/O RAJANNA
AGED ABOUT 29 YEARS
R/AT HANUMAIAH HOUSE
BEHIND GOVT HIGH SCHOOL
YANTAGANAHALLI POST
NELAMANGALA TALUK
BANGALORE RURAL DISTRICT-560109
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MFA No. 6738 of 2014
HC-KAR
2. SRI UMESH GOWDA
S/O LATE M R RANGAPPA
AGED ABOUT 42 YEARS
R/O SWAMY & SWAMY
TOURS & TRAVELS
VIDYA NAGAR
SIRA TALUK
TUMKUR DISTRICT-577202
3. THE BRANCH MANAGER
THE IFFCO TOKIO GENERAL
INS CO LTD
IFFCO SADAN,
C1 DISTRICT
CENTER SAKET
NEW DELHI-110017
...RESPONDENTS
(BY SRI.H.S. LINGARAJU, ADVOCATE FOR R3
NOTICE TO R1 & R2 IS DISPENSED
WITH V/O DTD 20.01.2015)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 21.08.2014 PASSED IN MVC
NO.638/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE,
MEMBER, ADDITIONAL MACT, KUNDAPURA, 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 C.M. POONACHA
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NC: 2026:KHC:14865
MFA No. 6738 of 2014
HC-KAR
ORAL JUDGMENT
1. The above appeal is filed by the claimant represented by her natural guardian - mother under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 21.08.2014 passed in MVC No.638/2013 by the Senior Civil Judge and Additional MACT., Kundapura1, wherein the Tribunal has partly allowed the claim petition and awarded a total compensation of `1,03,970/- together with interest at 6% p.a. Being aggrieved, the present appeal is filed by the claimant seeking for enhancement of compensation.
2. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to the adequacy of the quantum of compensation awarded.
3. Heard the submissions of Sri Hareesh Bhandary T., learned counsel for the appellant/claimant and Sri H.S.Lingaraju, learned counsel appearing for respondent No.3-insurer. 1 Hereinafter referred to as 'Tribunal' -4- NC: 2026:KHC:14865 MFA No. 6738 of 2014 HC-KAR
4. It is forthcoming that the injured was a one year old child as on the date of the accident i.e., as on 14.03.2013. The claim petition was filed by the mother of the injured as a guardian of the child. The child was treated as an inpatient from 14.03.2013 to 20.03.2013 i.e., for a period of seven days. The child sustained fracture of left clavicle and other simple injuries. The Doctor was not examined. The Tribunal awarded compensation as under:
Sl.No. Heads Amount awarded by the Tribunal (`)
1. Pain and agony 35,000.00
2. Medical expenses 30,970.00
3. Food and nourishment 4,000.00
4. Conveyance and attendant 4,000.00 charges 5 Loss of amenities 30,000.00 Total 1,03,970.00
5. It is clear that the compensation towards food and nourishment and conveyance charges are on the lower side.
The compensation towards pain and agony is also on the lower side.
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6. In the aforesaid factual matrix, interest of justice would be met if a lump sum compensation of `30,000/- is awarded in addition to the compensation awarded by the Tribunal.
7. It is noticed that the Tribunal has awarded interest at 6% p.a. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court.
8. In view of the aforementioned, the following:
i) The above appeal is partly allowed;
ii) The judgment and award dated 21.08.2014 passed in MVC.No.638/2013 by the Senior Civil Judge and Addl. MACT., Kundapura is hereby modified only to the extent of directing that the claimant shall be entitled to a further compensation of `30,000/- together with interest at 7% p.a., from the date of petition till date of payment in addition to the compensation awarded by the Tribunal. In all other respects, the judgment and award of the Tribunal remains unaltered;
iii) Respondent No.3 - Insurance Company shall deposit the enhanced compensation together with accrued interest within a period of six weeks;-6-
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iv) After deposit, the entire enhanced compensation with accrued interest shall be disbursed to the claimant digitally after proper identification;
v) The Registry to draw the modified award accordingly;
vi) Records be transmitted to the Tribunal forthwith; No costs.
Pending interlocutory applications are also disposed of.
Sd/-
(C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 25