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Karnataka High Court
Baby Rakshitha vs The Oriental Insurance Company Ltd on 6 March, 2026
-1-
NC: 2026:KHC:13868
MFA No. 1790 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO. 1790 OF 2020 (MV-I)
BETWEEN:
BABY RAKSHITHA
D/O HANUMESH
AGED AOBUT 3 YEARS
NOW AGED ABOUT 6 YEARS
C/O SIDDAREDDY, R/AT NO.5
NAGASANDRA, YEMLUR POST
BANGALORE, THE APPELLANT BEING MINOR
HENCE REP. BY FATHER AND
NATURAL GUARDIAN MR. HANUMESH
S/O LATE BASAPPA.
...APPELLANT
(BY SMT. AMBIKA M, ADV., FOR
SRI MOHD. SHERIFF, ADV.)
AND:
1. THE ORIENTAL INSURANCE COMPANY LTD.,
THE REGIONAL MANAGR
Digitally signed T.P.HUB, NO.44/45
by NANDINI M LEO SHOPPING COMPLEX
S
Location: HIGH RESIDENCY ROAD
COURT OF BANGALORE - 560 025,
KARNATAKA POLICY NO.421403/31/2016/3556.
2. MR. DAYARAM SAHANI
S/O JUNGEELA SAHANI
NO.10/C/17, 3RD CROSS
1ST MAIN, JAVEREGOWDA NAGAR
R.R.NAGAR, BANGALORE - 98.
...RESPONDENTS
(BY SRI R. GOVINDARAJAN, ADV., FOR R-1;
V/O DTD:28.03.2023 NOTICE TO R-2 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.04.2018 PASSED IN MVC NO.
-2-
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MFA No. 1790 of 2020
HC-KAR
4818/2016 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES
JUDGE AND XX A.C.M.M AND MEMBER, MACT, BENGALURU (SCCH-
24), 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 VIJAYKUMAR A. PATIL
ORAL JUDGMENT
This appeal is filed by the father of the minor injured
seeking enhancement of compensation being aggrieved by the
judgment and award dated 25.04.2018 passed in MVC
No.4818/2016 by the Court of XXII Addl. Small Causes Judge
and XX Addl. Chief Metropolitan Magistrate & MACT, Bengaluru,
(for short, 'Tribunal').
2. Though this appeal is listed for admission, with the
consent of learned counsel for the parties, it is taken up for
final disposal.
3. Smt. Ambika.M., learned counsel for Sri Mohammed
Sheriff, learned counsel for the appellant submits that the
claimant was represented by his father as the claimant was
aged about three years who had sustained grievous injuries in
the road traffic accident on 23.02.2016 and she was
NC: 2026:KHC:13868
HC-KAR
hospitalized in Manipal Hospital, Bengaluru, for a period of eight
days and had undergone surgery. Considering the nature of
evidence available before the Tribunal, the Tribunal has
awarded meager compensation on all heads. Hence, she seeks
for enhancement of compensation appropriately, by allowing
this appeal.
4. Per contra, Sri R.Govindarajan, learned counsel for
respondent No.1 supports the impugned judgment and award
of the Tribunal and submits that the appellant has failed to
produce the disability certificate before the Tribunal nor has
examined the doctor. Hence, the Tribunal considered the
available evidence and awarded just and fair compensation to
the injured claimant which does not call for any enhancement.
Hence, he seeks to dismiss the appeal.
5. I have heard the arguments of learned counsel for
the appellant, learned counsel for the respondent and
meticulously perused the material available on record including
the Tribunal records.
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HC-KAR
6. The only point that would arise for consideration in
this appeal is :
"Whether the judgment and award passed by the
Tribunal calls for any interference?"
7. It is to be noticed here that the appellant is the
father representing the minor daughter who was aged about
three years at the time of accident which had occurred on
23.02.2016. She was provided treatment at Manipal Hospital,
Bengaluru, and she was inpatient for a period of eight days.
Ex.P-3 indicates the following injuries:
1) 10 x 12 cms deep lacerated over the inguinal
region with bleeding.
2) 6 x 8 cm laceration over the lower right thigh
with bleeding.
8. The appellant has failed to examine the doctor who
had treated the injured and also failed to produce the disability
certificate. In the absence of proper evidence before the
Tribunal, the Tribunal after considering the oral testimony of
the father and mother of the injured and other documentary
evidence, awarded total compensation of Rs.2,65,100/- along
with interest at the rate of 8% per annum.
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HC-KAR
9. On re-appreciation of the evidence available on
record, it has to be noticed that the injuries suffered by the
minor are deep lacerated injuries. Considering the said aspect
of the matter, the age of the injured and the difficulty faced by
the family during the relevant period, I am of the considered
opinion that the appellant is entitled for enhancement of
compensation marginally. Thus, the appellant would be entitled
for modified compensation as under:
HEADS AMOUNT
(in Rs.)
Pain & suffering 40,000/-
Medical bills 1,70,086/-
Discomfort, inconvenience caused to the 30,000/-
family
Loss of amenities of life 30,000/-
Incidental charges, conveyance, food and 30,000/-
nourishment and attendant charges
Total 3,00,086/-
Thus, the appellant-claimant shall be entitled to a total
compensation of Rs.3,00,086/- as against Rs.2,65,100/-
awarded by the Tribunal.
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HC-KAR
10. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal is allowed in part.
b) The impugned judgment and award dated
25.04.2018 passed by the Tribunal is
modified to an extent that the appellant-
claimant would be entitled to total
compensation of Rs.3,00,086/- as against
Rs.2,65,100/- awarded by the Tribunal.
c) The enhanced compensation shall carry at the
rate of 6% p.a. from the date of petition till
realisation.
d) The respondent No.1 shall deposit the
enhanced compensation amount with accrued
interest before the Tribunal within a period of
six weeks from the date of receipt of certified
copy of this judgment.
e) The rest of the judgment and award of the
Tribunal with respect to apportionment,
deposit and release shall remain unaltered.
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f) Registry shall transmit the records to the
Tribunal forthwith.
g) Draw modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
KK
