The Manager, Royal Sundaram General Insurance Co. Ltd., Vs Sri. Mohammed Sharfudden

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NC: 2026:KHC:16504 MFA No. 8839 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.8839 OF 2025(MV-D)

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BETWEEN:

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THE MANAGER, ROYAL SUNDARAM GENERAL INSURANCE CO. LTD., BRANCH OFFICE:133, 3^RD FLOOR, SHIKA TOWERS, RAMAVILAS ROAD, MYSURU - 570 024.

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REPRESENTED BY REGIONAL OFFICE: NO.30, 3^RD FLOOR, JNR CITY CENTRE, RAJARAM MOHAN ROY ROAD, SAMPANGIRAMA NAGAR, BENGALURU - 560 027. …APPELLANT

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Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka

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(BY SRI. RAVI SHANKAR S SAMPRATHI., ADVOCATE)

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AND:

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SRI. MOHAMMED SHARFUDDEN, S/O SUGUMARN, AGED ABOUT 37 YEARS, RESIDING AT KALASESHWARA NAGARA, MAVANAKERE VILLAGE, KALASA POST AND VILLAGE, NOW KALASA TALUK (MUDIGERE), CHIKKAMAGALURU DISTRICT.

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2 - NC: 2026:KHC:16504 MFA No. 8839 of 2025

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HC-KAR

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SMT. SHARIFA, W/O MOHAMMED SHARFUDDEN, AGED ABOUT 35 YEARS, RESIDING AT KALASESHWARA NAGARA, MAVANAKERE VILLAGE, KALASA POST AND VILLAGE, NOW KALASA TALUK (MUDIGERE), CHIKKAMAGALURU DISTRICT.

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SRI. HARISH K.N., S/O NAGESH ACHARI B.G., AGED ABOUT 35 YEARS, RESIDING AT BETTUVALLI KALAKODU VILLAGE, SAMSE, KALASA HOBLI, MUDIGERE TALUK, (NOW KALASA TALUK), CHIKKAMAGALURU DISTRICT.

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SRI. NAGESH ACHARI B.G., S/O LATE GOVINDACHAR, AGED ABOUT 61 YEARS, RESIDING AT BETTUVALLI KALAKODU VILLAGE, SAMSE, KALASA HOBLI, MUDIGERE TALUK, (NOW KALASA TALUK), CHIKKAMAGALURU DISTRICT.

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…RESPONDENTS

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(R1 AND R2 SERVED; NOTICE TO R3 AND R4 DISPENSED WITH VIDE ORDER DATED 05.12.2025)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.09.2025 PASSED IN MVC NO.133/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND

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3 - NC: 2026:KHC:16504 MFA No. 8839 of 2025

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HC-KAR

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JMFC, MACT, MUDIGERE, AWARDING COMPENSATION OF RS.17,16,715/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL AMOUNT IS DEPOSITED WITH THE TRIBUNAL.

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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 MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellant-Insurance company under Section 173(1) of the Motor Vehicles Act, 1988, challenging judgment and award dated 02.09.2025 passed in MVC No.133/2022 by the Senior Civil Judge and JMFC, MACT, Mudigere, awarding the compensation of Rs.17,16,715/- with interest at 6% p.a. from the date of petition till its realization.

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Heard the arguments of the learned counsel for the appellant. Notice to respondents No.3 and 4 is dispensed with vide order dated 5.12.2025. Notice though served to respondents No.1 and 2 they did not turn up therefore proceeded exparte.

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NC: 2026:KHC:16504 MFA No. 8839 of 2025

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HC-KAR

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Brief facts of the case are that, one Kum.Nafeeza, met with an accident on 31.01.2022 and subsequently died. Her parents filed claim petition claiming compensation of Rs.50,00,000/- along with interest. The tribunal considering the entire oral and documentary evidence on record awarded global compensation of Rs.17,16,715/- with interest rate of 6% per annum from date of petition till realization.

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Being aggrieved by the said order, the appellantinsurance company preferred this appeal contending that the deceased was a minor girl aged about 9 years and Tribunal by relying on the decision of this Court in MFAC No.11440/2011 c/w MFA No.206/2018 between Kalshiminarayanapp @ Moogappa, vs. M/s Royal Sundaram Allianz Ins. Co. Ltd, and Others, disposed of on 12.9.2024, granted global compensation of Rs.17,16,715/- without assigning any reasons.

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Though no reasoning was given by the Tribunal, considering the age of the child, the Tribunal has taken the notional income as per the recent citation and granted global compensation of Rs.17,16,715/-, and this Court finds no reason to interfere with the Judgment and award by the Tribunal.

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NC: 2026:KHC:16504 MFA No. 8839 of 2025

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