The United Indian Insurance Co. . Ltd. Vs Kum. Steffi Sarah Lincoln

KUM. STEFFI SARAH LINCOLN D/O JOHN CHARLES LINCOLN AGED ABOUT 13 YEARS R/AT OLD NO.71/32 PALAIYAKARAN STREET AYANAVARAM, CHENNAI, TAMIL NADU-600 023 MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT. LORRAINE ANN LINCOLN.

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M/S RAYAN CABS NO.139, OLD AIRPORT ROAD SHOP NO.8 AND 11 LOWER LEVEL

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NC: 2026:KHC:22888-DB MFA No. 6717 of 2022

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HC-KAR

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BASEMENT OXFORD TOWERS BANGALORE-560 008. (OWNER OF THE CAR NO.KA-03-AD-6620)

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…RESPONDENTS (BY SRI. GIRISH K. V., ADVOCATE FOR R1)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.06.2022 PASSED IN MVC NO.657/2021 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, SCCH-20, MAYO HALL UNIT, BENGALURU, AWARDING COMPENSATION OF RS.29,63,000/WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE T.M. NADAF)

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The Insurer is before us in this appeal filed under Section 173(1) of the Motor Vehicles At, 1988, calling in question the common Judgment and Award dated 06.06.2022 in MVC No.657/2021 along with connected matters passed by the Motor Accidents Claims Tribunal

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3 - NC: 2026:KHC:22888-DB MFA No. 6717 of 2022

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HC-KAR

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and V Addl. Small Causes Judge & XXIV Additional Chief Metropolitan Magistrate, Mayohall Unit, Bangalore¹ (SCCH20).

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The Tribunal under the impugned Judgment and

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award, awarded a sum of Rs.29,63,000/- with interest @ 6% per annum from the date of petition till realization.

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The parties are referred to as per their ranking before the Tribunal.

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The date of accident, involvement of vehicle,

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injuries suffered, disability resulted and liability to pay compensation are not in dispute. The only dispute is with regard to quantum of compensation, which according to

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Insurer is excessive and exorbitantly granted.

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The facts germane to file the present appeal are

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as under:

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1 for short, 'the Tribunal'

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HC-KAR

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In an accident occurred on 02.03.2020 at about 9:30

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pm, a girl child by name Kum.Steffi Sarah Lincoln, aged 12 years, suffered severe injuries resulting in 50% disability.

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The doctor who has been examined as a witness has deposed that the total disability of the body and to the Kidney at 50% and the claimant has sustained grade III liver injury, grade V right renal injury, grade I pancreatic injury, Duodenal perforation S/p repair and feeding jejunostomy. To a suggestion made by the Insurer that kidney can be transplanted, the doctor deposed that the same would be at a heavy cost which the parents of the minor girl cannot afford. The Tribunal considering all these aspects of the matter, granted sum of Rs.29,63,000/under various heads along with 6% interest. It is this Judgment and award is called in question in this appeal.

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Heard, Sri.Janardhan Reddy, learned counsel appearing for the Insurer and Sri.Girish.K.V, learned counsel appearing for respondent No.1 - claimant.

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HC-KAR

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Having considered the rival submissions,

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perused the entire appeal paper.

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Though Sri.Janardhan Reddy, tried to impress

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and convince us that the compensation awarded is higher.

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However, looking into the injuries sustained, age of the minor girl child and the repercussion of injuries on her future life, the injuries she has undergone, we are in conformity with the order passed by the Tribunal. The suggestion by the Insurer for kidney transplantation, clearly indicates the pathetical condition of the child. We find no infirmity in the order which call upon any interference at the hands of this Court. The appeal sans merit and is accordingly, dismissed .

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