- 1 - NC: 2025:KHC:11874-DB MFA No.7539/2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL NO.7539/2018 (MV-D) BETWEEN: 1. SMT.RAMYA A N W/O LATE RAVI.N AGED ABOUT 28 YEARS 2. KUM. D.R.ARPITHA REDDY AGED ABOUT 7 YEARS D/O LATE RAVI.N SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER SMT. RAMYA A.N. BOTH ARE R/AT NO.19 DODDANATHA VILLAGE DODDAGANJUR POST CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT - 562 105 … APPELLANTS (BY SRI.RAGHAVENDRA K, ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO. LTD. T.P.CLAIMS HUB, REGIONAL OFFICE NO.18, 6TH FLOOR, KRISHI BHAVAN NEAR HUDSON CIRCLE, N.T.ROAD, BANGALORE - 560 001 REPRESENTED BY THE REGIONAL MANAGER 2. B.N. SANTHOSH REDDY S/O LATE NARAYANA SWAMY B.M BALAGERE VILLAGE, VELAGALABURE POST KOLAR TALUK & DISTRICT - 563 101 … RESPONDENTS (BY SRI.O.MAHESH, ADVOCATE FOR R1; R2 SERVED AND UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11874-DB MFA No.7539/2018 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 18/03/2015, PASSED IN MVC NO.451/2014, ON THE FILE OF THE VIII ADDITIONAL DISTRICT & SESSIONS JUDGE C/C. IX ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, BENGALURU RURAL DISTRICT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT & ORDER ON I.A.NO.1/2018 (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) This appeal is filed by the claimants questioning adequacy of compensation awarded. There is inordinate delay in filing the appeal. In the affidavit filed along with application, appellant No.1 makes allegations against her Counsel who appeared before the Tribunal saying that he had not informed her about disposal of the case and when she contacted him for release of Fixed Deposit bonds only then she came to know about the judgment. 2. Even Counsel for the appellant makes huge allegations of professional misconduct against his counter part before the Tribunal. Despite asking he says that he is not ready - 3 - NC: 2025:KHC:11874-DB MFA No.7539/2018 to file affidavit to that effect. The very statement of the appellant that on she approached her Counsel for release of Fixed Deposit bonds indicate that she was aware of award where under there was direction to invest same amount in Fixed Deposit. Therefore, allegations that her Counsel had not informed her about disposal of the case and there was professional negligence on his part, which is made beyond his back, cannot be accepted. No acceptable reasons are assigned to explain the delay of 1186 days. Therefore, I.A.No.1/2018 and consequently the appeal are dismissed. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (K. V. ARAVIND) JUDGE PKN List No.: 1 Sl No.: 15