Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 22568 (KAR)

SMT S MALAVATHI v. JOGINAYUNI SREENIVASULU

MFA/3874/2022 · 2025-07-04

P Sree Sudha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:24220 MFA No. 3874 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MFA NO. 3874 OF 2022 (MV-D) BETWEEN: SMT S MALAVATHI, AGED ABOUT 58 YEARS, W/O. LATE V. RAJENDRAN, R/A NO.87, 1ST CROSS, B STREET, MAGADI ROAD, BENGALURU-560 023. …APPELLANT (BY SRI. NAGARAJA REDDY D., ADVOCATE) AND: 1. JOGINAYUNI SREENIVASULU, MAJOR, S/O. J. VENKATARAMANA, R/A.NO.11/1, MUKHIL NIVAS, 2ND MAIN, 16TH CROSS, LAKKSANDRA, BENGALURU-560 030. 2. THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, TP HUB, NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BENGALURU-560 025. …RESPONDENTS (BY SRI. FAYAZ SAB B G., ADVOCATE FOR R1, SRI. ASHOK N NAYAK, ADVOCATE FOR R2) Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24220 MFA No. 3874 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.12.2021 PASSED IN MVC NO.5294/2019 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, SCCH-14, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the judgment and award dated 08.12.2021 passed by the Member, MACT, XVI Additional Judge, Court of Small Causes, Bengaluru (SCCH-14) in MVC No.5294/2019 wherein the claimant was granted total compensation of Rs.25,80,800/- with interest at the rate of 7% per annum from the date of petition till realization. 2. The main grievance of the appellant is that her deceased husband was a government employee. The appellant submitted bills for medical reimbursement. As per Exhibit P.18, the deceased incurred Rs.13,45,185/- towards medical bills, but the Tribunal awarded an amount of Rs.3,87,463/- only and thus, the appellant requested for granting the balance amount - 3 - HC-KAR NC: 2025:KHC:24220 MFA No. 3874 of 2022 of Rs.9,57,722/- towards medical expenses. As already, the appellant filed additional documents in support of her contention and she could not get the entire reimbursement amount, this Court finds it reasonable to grant Rs.9,57,722/- towards medical bills, as claimed by the appellant. 3. In the result, I pass the following order: (i) The appeal is allowed. (ii) The respondent-Insurance company is directed to deposit the amount of Rs.9,57,722/- with interest at the rate of 7% per annum from the date of petition till the date of realisation. (iii) The respondent-Insurance Company shall deposit the aforesaid amount within one month from the date of receipt of copy of this order. (iv) On such deposit, the appellant is permitted to withdraw the entire amount along with interest accrued thereon. Sd/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 59