Karnataka High Court
Baby Likitha vs Dayananda Alva on 12 February, 2024
-1-
NC: 2024:KHC:6298
MFA No. 2546 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 2546 OF 2013 (MV)
BETWEEN:
1. BABY LIKITHA
AGED ABOUT 6 YEARS
D/O NEMANNA GOWDA
MINOR REPRESENTED BY HER NATURAL / LEGAL
GUARDIAN / FATHER NEMANNA GOWDA
SON OF BALAPPA GOWDA
NOW AGED ABOUT 39 YEARS
MODHALTHIYAR HOUSE
PARPUNJA POST
KUNIYUR VILLAGE, BELTHANGADY TALUK , DK
NOW RESIDING AT MARAPPE HOUSE
RENJILADY VILLAGE
NOOJIBALTHILA VILLAGE
PUTTUR TALUK,
DAKSHINA KANNADA DISTRICT PIN 571 201
...APPELLANT
Digitally (BY SRI. VISHWANATHA POOJARY K., ADVOCATE)
signed by
BHARATHI S
Location: AND:
HIGH
COURT OF 1. DAYANANDA ALVA
KARNATAKA
AGED ABOUT 60 YEARS
SON OF S KOTIANNA ALVA
R/O NO.606, E BLOCK
5TH FLOOR, RAHEJA PARK APTS
MAGADI ROAD
BANGALORE 560079
2. THE MANAGER
UNIVERSAL SOMPO GENERAL INSURANCE CO LTD
KVD TOWERS, NO.7/3
11 FLOOR, ABOVE BARCLAYS FINANCE,
OPP 100 FEET ROAD
-2-
NC: 2024:KHC:6298
MFA No. 2546 of 2013
OLD MADRAS ROAD
INDIRANAGAR,
BANGALORE PIN 560 003
...RESPONDENTS
(BY SRI. B PRADEEP KUMAR., ADVOCATE FOR R2
NOTICE TO R1 IS DISPENSED WITH V/O DTD 13.11.2018)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 21.12.2012 PASSED IN MVC
NO.1666/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, MACT, PUTTUR, D.K, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The above appeal is filed by the claimant challenging the
judgment and award dated 21.12.2012 passed in MVC
No.1666/2011 by the Principal Senior Civil Judge, MACT,
Puttur, D.K1, seeking for enhancement of the compensation
awarded.
2. For the sake of convenience, the parties herein are
referred as per their rank before the Tribunal.
3. The Tribunal by its judgment and award dated
21.12.2012 has awarded global compensation in a sum of
`10000/-. The award of the Tribunal on negligence and liability
is not under challenge. Hence, the only question that is
Hereinafter referred to as the 'Tribunal'
NC: 2024:KHC:6298
required to be considered in the present appeal is with regard
to the quantum of compensation.
4. The claimant is aged 6 years. The injuries
sustained by the claimant are concussion of the brain and
tenderness of the abdomen. The discharge summary (Ex.P50)
discloses that she was treated as an inpatient for 4 days. The
injuries were treated conservatively through medicines. No
doctor is examined. The Tribunal has awarded a global
compensation of `10,000/-. Although the claimant has
produced medical bills at Ex.P51 to P57, the Tribunal has
disbelieved the same and has not awarded any specific
compensation towards medical expenses.
5. In view of the aforementioned, it is just and proper
that the above appeal be disposed of by awarding a further
global compensation of `10,000/-.
6. Accordingly, the following order is passed:
ORDER
i) The appeal is allowed in part;
NC: 2024:KHC:6298
ii) The judgment and award dated 21.12.2012 passed
in MVC No.1666/2011 by the Principal Senior Civil
Judge, MACT, Puttur, D.K, is modified to the extent
stated herein. In all other respects, the judgment
and award of the Tribunal remains unaltered;
iii) The claimant is entitled to enhanced compensation
of `10,000 /- with interest at 6% per annum from
the date of petition till its realization in addition to
the compensation awarded by the Tribunal;
iv) Respondent No.2 - Insurance Company is directed
to deposit the said compensation together with
accrued interest within a period of eight weeks from
the date of receipt of a copy of this judgment;
v) After deposit, the entire enhanced compensation
with accrued interest shall be disbursed to the
claimant;
vi) The Registry to draw the modified award
accordingly.
No costs.
SD/-
JUDGE
ND
