Baby Rakshitha Vs the Oriental Insurance Company Ltd.

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NC: 2026:KHC:13868 MFA No. 1790 of 2020

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2026 BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 1790 OF 2020 (MV-I)

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BETWEEN:

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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.

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…APPELLANT

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(BY SMT. AMBIKA M, ADV., FOR SRI MOHD. SHERIFF, ADV.)

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AND:

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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THE ORIENTAL INSURANCE COMPANY LTD., THE REGIONAL MANAGR T.P.HUB, NO.44/45 LEO SHOPPING COMPLEX RESIDENCY ROAD BANGALORE - 560 025, POLICY NO.421403/31/2016/3556.

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MR. DAYARAM SAHANI S/O JUNGEELA SAHANI NO.10/C/17, 3RD CROSS 1ST MAIN, JAVEREGOWDA NAGAR R.R.NAGAR, BANGALORE - 98.

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…RESPONDENTS

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(BY SRI R. GOVINDARAJAN, ADV., FOR R-1; V/O DTD:28.03.2023 NOTICE TO R-2 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.04.2018 PASSED IN MVC NO.

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NC: 2026:KHC:13868 MFA No. 1790 of 2020

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HC-KAR

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4818/2016 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX A.C.M.M AND MEMBER, MACT, BENGALURU (SCCH24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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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’).

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Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal.

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Smt. Ambika.M., learned counsel for Sri Mohammed

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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

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3 - NC: 2026:KHC:13868 MFA No. 1790 of 2020

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HC-KAR

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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.

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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.

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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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NC: 2026:KHC:13868 MFA No. 1790 of 2020

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HC-KAR

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The only point that would arise for consideration in

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this appeal is :

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" Whether the judgment and award passed by the

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Tribunal calls for any interference?"

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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:

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10 x 12 cms deep lacerated over the inguinal region with bleeding.

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6 x 8 cm laceration over the lower right thigh with bleeding.

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The appellant has failed to examine the doctor who

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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

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On re-appreciation of the evidence available on

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record, it has to be noticed that the injuries suffered by the minor are deep lacerated injuries. Considering the said aspect

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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:

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HEADS	AMOUNT (in Rs.)
Pain & suffering	40,000/-
Medical bills	1,70,086/-
Discomfort, inconvenience caused to the family	30,000/-
Loss of amenities of life	30,000/-
Incidental charges, conveyance, food and nourishment and attendant charges Total	30,000/- 3,00,086/-

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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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NC: 2026:KHC:13868 MFA No. 1790 of 2020

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HC-KAR

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In the result, this Court proceeds to pass the

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following:

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ORDER

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a) Appeal is allowed in part .

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b) The impugned judgment and award dated 25.04.2018 passed by the Tribunal is modified to an extent that the appellantclaimant would be entitled to total compensation of Rs.3,00,086/- as against Rs.2,65,100/- awarded by the Tribunal.

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c) The enhanced compensation shall carry at the rate of 6% p.a. from the date of petition till realisation.

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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.

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