[Cites 1, Cited by 0]
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.
Hereinafter referred to as 'Tribunal'
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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;
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HC-KAR
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
