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2026 DAILYLAW 40073 (KAR)

KUM. LASYA PRIYA M v. M/S ICICI LOMBARD MOTOR INS.CO.LTD.,

MFA/6696/2025 · 2026-09-17

Shivashankar Amarannavar

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010592832025 NC: 2026:KHC:50707 MFA No. 6696 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 6696 OF 2025 (MV-I) BETWEEN: KUM. LASYA PRIYA M D/O RAJALAKSHMI W/O R MADHUSUDHAN AGED ABOUT 9 YEARS RESIDING AT No.2, 2ND CROSS BANJARA LAYOUT, KALKERE BENGALURU NORTH-560 043. APPELLANT BEING A MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT. RAJALAKSHMI W/O R MADHUSUDHAN AGED ABOUT 35 YEARS …APPELLANT (BY SRI GURUDEVA PRASAD K T, ADVOCATE) AND: M/S ICICI LOMBARD MOTOR INS.CO.LTD., (DELETED) 1. THE HEAD MASTER CAMBRIDGE SCHOOL BASAVANAPURA MAIN ROAD, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010592832025 NC: 2026:KHC:50707 MFA No. 6696 of 2025 K.R.PURAM BENGALURU-560 036. …RESPONDENT (BY SRI P S JAGADISH, ADVOCATE FOR R1 R2-PLACED EX-PARTE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.04.2024 PASSED IN MVC No. 6574/2022 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE, AND XXIII ACMM, MAYO HALL UNIT, MACT, BENGALURU (SCCH-19), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the appellant -claimant seeking enhancement of compensation awarded in judgment and award dated 02.04.2024 passed in MVC No.6574/2022 by the XV Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH19). 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellant. - 3 - HC-KAR CNR: KAHC010592832025 NC: 2026:KHC:50707 MFA No. 6696 of 2025 3. The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 11.10.20222 contending that the accident occurred due to rash and negligent driving of the driver of school bus bearing registration No.KA-53/B-5426. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded global compensation of Rs.30,000/- with interest at the rate of 6% per annum from the date of petition till realization and directed respondent –school to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal. 4. Heard learned counsel for the appellant. Respondent –school even after service of notice remained absent and unrepresented. 5. The appellant -claimant who is injured in the accident is aged 06 years. The accident occurred on - 4 - HC-KAR CNR: KAHC010592832025 NC: 2026:KHC:50707 MFA No. 6696 of 2025 11.10.2022. The appellant –claimant sustained the following injuries as per Ex.P6 wound certificate: i) swelling with tenderness present over right parietal region of scalp. The claimant incurred medical expenses of Rs.4,600/- as per Ex.P10 bill. The Tribunal considering the said injury and medical bill has awarded global compensation of Rs.30,000/-. 6. Considering the said injury, pain and suffering undergone by the claimant, who was admitted in the hospital for 03 days, the compensation requires to be enhanced globally in a sum of Rs.15,000/- without any interest. Respondent –school is liable to pay the said enhanced global compensation. 7. In view of the above, the following ORDER i) The appeal is allowed in part. - 5 - HC-KAR CNR: KAHC010592832025 NC: 2026:KHC:50707 MFA No. 6696 of 2025 ii) The appellant -claimant is entitled to enhanced global compensation of Rs.15,000/- without interest. iii) The respondent -school shall deposit the said enhanced compensation before the Tribunal within a period of 06 weeks from this day. iv) The said enhanced compensation shall be kept in fixed deposit in the name of minor in Karnataka Bank City Civil Court Branch, Bengaluru till she attains majority. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 43