Karnataka High Court
Ms Madhu Mallika A L vs Mrs D V Devarathna on 9 March, 2022
Bench: P.S.Dinesh Kumar, M G Uma
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MRS. JUSTICE M.G. UMA
M.F.A.No. 4843 OF 2014 (MV-I)
BETWEEN:
MS. MADHU MALLIKA A.L
D/O LINGARAJ A.S.
AGED ABOUT 29 YEARS.
SINCE THE APPELLANT IS MENTALLY AND
PHYSICALLY HANDICAPPED, SHE IS
REPRESENTED BY HER FATHER/NATURAL
GUARDIAN, AS NEXT FRIEND
SRI. LINGARAJ A.S.
S/O. A.S. SHANKARAPPA
AGED ABOUT 63 YEAS
BOTH ARE RESIDING AT
NO.582, 1ST FLOOR, 8TH MAIN
M.C.LAYOUT, VIJAYNAGAR
BANGALORE 40.
...APPELLANT
(BY SMT. MAMATHA D.N, FOR SHRI. GOPALKRISHNA N.,
ADVOCATE)
AND
1. MRS. D.V.DEVARATHNA
W/O. RAMACHANDHRA REDDY
MAJOR IN AGE,
NO.19, 1ST CROSS, 26TH MAIN
2
1ST SECTOR, HSR LAYOUT
BANGALORE 560 034.
2. ROYAL SUNDARAM ALLIANCE INSURANCE
CO., LTD.
REGIONAL OFFICE
NO.152, RICHMOND ROAD,
OPP.VANIVILLAS HOSPITAL
BANGALORE 560 025.
REP. BY ITS MANAGER.
...RESPONDENTS
(BY SHRI. O. MAHESH , ADVOCATE FOR R2- VC;
VIDE ORDER DATE 21-01-2015 NOTICE TO R1 IS
DISPENSED WITH)
****
THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT,1988, AGAINST THE JUDGMENT AND AWARD
DATED 12-12-2013 PASSED IN MVC NO.2802/2009 ON THE
FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL
CAUSES, MEMBER, MACT-4, BANGALORE, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY
P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the injured claimant, seeking
enhancement of compensation, is filed challenging the
judgment and award dated December 12, 2013, in MVC
No.2802/2009 passed by the Motor Accidents Claims
Tribunal-IV and XVIII Additional Judge, Court of Small
Causes, Bangalore.
2. For the sake of convenience, parties shall be
referred as per their status before the Tribunal.
3. Heard Smt. D.N.Mamatha, learned advocate
for the claimant and Shri. O. Mahesh, learned advocate for
the insurer.
4. On 24-02-2022, learned advocate for the
claimant has filed an application under order 41 Rule 27
read with Section 151 of CPC before this Court, seeking
to produce additional documents.
5. Shri. O. Mahesh, for the Insurer submitted that
the evidence will have to be recorded on the additional
documents. He contended that since the application has
been filed in February 2022, in case, the Tribunal were to
consider the said documents, this Court may consider
directing the Tribunal to award interest from the date of
filing of the application.
6. Shri. O. Mahesh is right in his submission,
because, the award is passed in the year 2013.
7. In view of the above, we pass the following;
ORDER
(i) Appeal is allowed in part.
(ii) The matter is remitted to the Tribunal for
consideration of the documents produced along
with application filed under Order 41 Rule 27 read
with Section 151 of CPC and to pass orders in
accordance with law, subject to awarding interest
from 24-2-2022.
(iii) Claimant shall be entitled to lead further
evidence, if so advised.
(iv) Since the matter is very old, the Tribunal
shall expedite the hearing subject to load on its
Board.
(iv) The parties shall appear before the
Tribunal on 30-03-2022 without waiting for any
notice.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
tsn*
