Karnataka High Court
Kum. Keerthana R vs M/S National Insurance Co. Ltd on 8 December, 2023
-1-
NC: 2023:KHC:44593-DB
MFA No.4058/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR JUSTICE K V ARAVIND
MISCELLANEOUS FIRST APPEAL NO.4058/2021(MV-D)
BETWEEN:
KUM KEERTHANA R
D/O LATE SRI H R RAVI
AGED ABOUT 18 YEARS
PRESENTLY R/AT NO.1453
2ND CROSS, 3RD STAGE
BHUVANESHWARINAGAR
KAMALANAGAR
BANGALORE NORTH
BASAVESHWARANAGAR
BANGALORE - 560 079
FORMERLY RESIDED AT NO.12/6
1ST MAIN ROAD, 4TH CROSS
POORNAPRAJNA LAYOUT
BSK 3RD STAGE, 3RD BLOCK
BANGALORE - 560 085 ...APPELLANT
Digitally
signed by K S
RENUKAMBA (BY SRI.KIRAN N., ADVOCATE)
Location:
High Court of AND:
Karnataka
1. M/S. NATIONAL INSURANCE CO. LTD
HAVING DIVISIONAL OFFICE AT NO.2
NO.64, SATHI COMPLEX
LALBAGH ROAD (OLD MISSION ROAD)
BANGALORE - 560 027
2. MR C D GOWDA
NO.9/3, 5TH MAIN ROAD
K P AGRAHARA
BANGALORE - 560 023
-2-
NC: 2023:KHC:44593-DB
MFA No.4058/2021
3. MR DEVARAJU
S/O KADAIAH
KICHHAWADI VILLAGE
HULIYUR DURGA
KUNIGAL TALUK - 572 123
4. MR.K.S.POORNIMA
W/O LATE H.R.RAVI
AGED ABOUT 41 YEARS
R/AT NO.3, AREHALLI MAIN ROAD
A.G'S LAYOUT, ITTAMADUVU
BEHIND TAJA CAKE
BANGALORE - 560 061 ... RESPONDENTS
(BY SRI. S NIRMALA, ADVOCATE FOR R1;
NOTICE TO R2 & R3 DISPENSED WITH VIDE COURT ORDER
DTD:16.12.2022; R4 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT
AND AWARD DATED 03.09.2005 PASSED IN MVC NO.5149/2003 ON
THE FILE OF THE XVI ADDITIONAL JUDGE, MACT, BENGALURU (CCH-
14) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
JUDGMENT AND ORDER ON I.A.NOS.1/2020, 1/2022
AND 2/2022
Heard both side.
2. The appellant is the daughter of H.R Ravi who died
in a motor accident occurred on 08.07.2003. The appellant's
mother filed MVC No.5149/2003 for herself and as the guardian
of the minor appellant (petitioner No.2 in the claim petition)
claiming compensation Rs.20,00,000/-. The said petition was
allowed on 03.09.2005 awarding compensation of
-3-
NC: 2023:KHC:44593-DB
MFA No.4058/2021
Rs.3,86,000/- with interest at 6% per annum. The award was
apportioned between the appellant and her mother in ratio of
40% and 60%.
3. At the time of filing the claim petition, the appellant
was aged two years. After 15 years, the appellant has filed this
appeal claiming that her mother/guardian did not prosecute the
matter diligently and her interest was not protected. There is
delay of 5227 days in filing the appeal.
4. In the affidavit filed in support of delay condonation
application, appellant claims that after the death of her father,
her mother who is respondent No.4 remarried in 2008 and
deserted her. She claimed that she lives with her grandmother.
She claimed that since her interest was not protected and case
was not properly prosecuted, she has filed this appeal.
Absolutely no material is produced to show that her mother has
remarried and deserted her and acted against her interest.
5. The claimants in MVC No.5149/2003 contended that
the deceased was earning Rs.4,500/- per month as a conductor
and the Tribunal assessed his income at Rs.3,000/- per month.
There is nothing to show that the income of the deceased
during the year 2003 was more than Rs.3,000/-. It is not the
-4-
NC: 2023:KHC:44593-DB
MFA No.4058/2021
case of the appellant that respondent No.4 withdrew the
amount awarded to her.
6. On examining the records, it cannot be said that the
compensation awarded was grossly inadequate or
unsustainable. First of all, the appellant's contention that her
mother in anyway acted hostile to her interest is not
established. Secondly, even if the delay is condoned, the
appellant is not likely to succeed in the appeal. There are no
grounds to condone the delay. Hence the following:
ORDER
I.A.No.1/2020 and consequently the appeal are
dismissed.
Appellant can furnish the proof of she attaining majority
before the Tribunal and seek withdrawal of the amount. If such
application is filed, the Tribunal shall pass the necessary order
in accordance with law.
I.A.Nos.1 and 2 of 2022 are disposed of accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
PKN
