Divisional Manager Vs Smt Jalaja Naika

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NC: 2025:KHC:34675 MFA No. 2155 of 2015

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2155/2015 (MV-I)

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BETWEEN:

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DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., P B NO.29, A S ROAD, SRINIVASA COMPLEX, KARKALA, NOW REPRESENTED BY DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD, DIVISIONAL OFFICE, BAJAL COMPOUND, I FLOOR, MANIPAL-576 104.

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…APPELLANT

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(BY SRI. VIJAYA PHANEENDRA T.B., ADVOCATE FOR SRI. A N KRISHNA SWAMY., ADVOCATE)

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AND:

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Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka

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SMT JALAJA NAIKA, W/O LATE RUKHMAYA NAIK, AGE:MAJOR, R/A DHARKAS MANE, KONDADI, KUDI VILLAGE, KUDI POST, UDUPI TALUK-576 101.

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SMT. VASANTHI SHETTY, W/O SUDHAKARA SHETTY, NOW AGED ABOUT 54 YEARS, R/AT GANESH KRIPA, JARKALA, KUKKUNDOOR POST, YERLAPADI VILLAGE, KARKALA TALUK,

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2 - NC: 2025:KHC:34675 MFA No. 2155 of 2015

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HC-KAR

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UDUPI DISTRICT-576 101.

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…RESPONDENTS

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(V/O DTD:05.03.2019, NOTICE TO R1 & R2 IS HELD SUFFICIENT)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED14.1.2015 PASSED IN MVC NO.857/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, UDUPI, ADDITIONAL MACT, UDUPI, AWARDING A COMPENSATION OF RS.1,85,000/- WITH INTEREST @ 8% P.A FROM THE DATE OF PETITION TILL THE DATE OF ACTUAL DEPOSIT.

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THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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Learned counsel for the appellant is present.

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In spite of service of notice, respondent Nos.1 and 2

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did not turn up and hence, notice to respondent Nos.1 and 2 is held sufficient.

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Heard the arguments of the learned counsel for the appellant-insurance company.

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This appeal is filed against the judgment and award dated 14.01.2015 passed by the Additional Motor Accidents

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3 - NC: 2025:KHC:34675 MFA No. 2155 of 2015

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HC-KAR

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claims Tribunal and Principal Senior Civil Judge, Udupi in MVC No.857 of 2011. One Jalaja Naika, wife of Rukhmaya Naik filed claim petition claiming compensation of Rs.10,00,000/- for the death of her son Sundara Naika. The claimant stated that her son met with an accident on 21.03.2011 and from 21.03.2011 to 26.04.2012, the deceased underwent major surgeries. It was contended that after filing of the claim petition, the deceased died in another road traffic accident. But the Tribunal did not consider the said fact and simply granted compensation of Rs.1,85,000/- with interest at the rate of 8% per annum from the date of petition till the date of deposit.

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Aggrieved by the said award, the insurance company has preferred this appeal and the mainly contended that the deceased Sundara Naika met with another accident and died and he has not died due to the injury sustained in this accident. As such, he is not entitled for any other compensation except the medical expenses incurred by him. Therefore, this Court finds that it is just and reasonable to grant an amount of Rs.83,000/- towards medical expenses.

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