Karnataka High Court
MFA/3618/2024 of GUNAVATHI Vs S DIVAKARA on 20 August 2026
CNR: KAHC010312322024 NC: 2026:KHC:45120 MFA No. 3618 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.3618 OF 2024(MV-D) BETWEEN: 1. GUNAVATHI, W/O LATE M.P. SHESHADRI, AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCELLANEOUS FIRST APPEAL NO.3618 OF 2024(MV-D)
BETWEEN:
1.
GUNAVATHI,
W/O LATE M.P. SHESHADRI,
AGED ABOUT 35 YEARS,
2.
S.G. TRISHA,
D/O LATE M.P. SHESHADRI,
AGED ABOUT 15 YEARS,
3.
PRADHYUMNA,
S/O LATE M.P. SHESHADRI,
AGED ABOUT 10 YEARS,
APPELLANT NO.2 AND 3 ARE MINORS,
REPRESENTED BY THEIR NATURAL
GUARDIAN MOTHER 1ST APPELLANT,
RESIDING AT D NO.43/1
12TH CROSS, 8TH MAIN,
SARASWATHIPURAM,
MYSURU - 570 018.
…APPELLANTS
(BY SRI. PRATHEEP K C.,ADVOCATE)
AND:
1.
S. DIVAKARA,
S/O SIDDAIAH,
AGED ABOUT 38 YEARS,
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
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R/AT D NO.750/A
NEAR ODANADI SAMSTHE,
S R S COLONY,
HOOTGALLI, BELAVADI POST,
MYSURU - 570 018.
2.
RAMYA R.,
D/O S. DIVAKARA,
AGED ABOUT 33 YEARS,
R/AT D NO.750/A
NEAR ODANADI SAMSTHE,
S R S COLONY,
HOOTGALLI, BELAVADI POST,
MYSURU - 570 018.
3.
THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO., LTD.,
DIVISIONAL OFFICER
NEAR BALLAL CIRCLE,
CHAMARAJAPURAM,
MYSURU - 570 005.
4.
INDIRAMMA,
W/O LATE M.K. PUTTASWAMY,
AGED ABOUT 83 YEARS,
D NO.43/1, 12TH CROSS, 8TH MAIN,
SARASWATHIPURAM,
MYSURU - 570 018.
…RESPONDENTS
(BY SRI. D. VIAJAYAKUMAR, ADVOCATE FOR R3, VIDE ORDER DATED 02.07.2026 NOTICE TO R1 AND R2
ARE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:18.01.2023
PASSED IN MVC NO.474/2021 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES AS A PRESIDING
OFFICER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
Sri.D.Vijayakumar learned counsel for the insurer is permitted to file vakalath within two weeks.
2. This appeal is filed only on a short point seeking enhancement of compensation only on 10% escalation for one completed term of 3 years.
3. Heard Smt.Pavana B.K., learned counsel appearing for Sri.Pratheep K.C., learned counsel for the appellants and Sri.D.Vijayakumar, learned counsel appearing for respondent No.3. Notice of this appeal on respondent Nos.1 and 2 is dispensed with vide order dated 02.07.2026.
4. Though Sri.D.Vijayakumar, learned counsel for the insurer argued in support of the judgment, however, he is not in serious dispute with the settled position of law
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on 10% escalation on the conventional head for 1 completed term of 3 years.
5. Having considered the rival submissions and in view of settled position of law by the Hon'ble Supreme Court in the case of NATIONAL INSURANCE CO. LTD. VS. PRANAY SETHI1, the claimants are entitled for 10% escalation of one completed term of 3 years on the compensation awarded under the conventional head.
6. Accordingly, this Court proceeds to pass the following:
ORDER
(i) The appeal is allowed in part granting Rs.19,000/- as 10% escalation on the conventional head along with 6% p.a. interest from the date of petition till realisation.
(ii) The respondent No.3/insurer shall deposit the entire amount along with interest @ 6% p.a.
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within six weeks from the date of receipt of copy of this order, before the Concerned Tribunal.
(iii) Upon deposit, the entire amount shall be released in favour of Claimant No.1 i.e., wife of late M.P.Sheshadri on proper identification.
(iv) No order as to costs.
Sd/- (T.M.NADAF) JUDGE
DR List No.: 1 Sl No.: 5 ct-vn