Karnataka High Court
MFA/6717/2022 of THE UNITED INDIAN INSURANCE CO . LTD Vs KUM. STEFFI SARAH LINCOLN on 25 April 2026
NC: 2026:KHC:22888-DB MFA No. 6717 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.6717 OF 2022(MV-I) BETWEEN: THE UNITED INDIAN INSURANCE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCELLANEOUS FIRST APPEAL NO.6717 OF 2022(MV-I)
BETWEEN:
THE UNITED INDIAN INSURANCE CO. LTD.
MOTOR CLAIM HUB
NO.18, 6TH FLOOR
NEAR KRUSHI BHAVAN
HUDSON CIRCLE
BANGALORE-560 001
REP. BY ITS DEPUTY MANAGER.
…APPELLANT
(BY SRI. JANARDHAN REDDY., ADVOCATE)
AND:
1.
KUM. STEFFI SARAH LINCOLN
D/O JOHN CHARLES LINCOLN
AGED ABOUT 13 YEARS
R/AT OLD NO.71/32
PALAIYAKARAN STREET
AYANAVARAM,
CHENNAI,
TAMIL NADU-600 023
MINOR REPRESENTED BY
HER MOTHER AND NATURAL GUARDIAN
SMT. LORRAINE ANN LINCOLN.
2.
M/S RAYAN CABS
NO.139, OLD AIRPORT ROAD
SHOP NO.8 AND 11 LOWER LEVEL
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
BASEMENT OXFORD TOWERS
BANGALORE-560 008.
(OWNER OF THE CAR NO.KA-03-AD-6620)
…RESPONDENTS
(BY SRI. GIRISH K. V., ADVOCATE FOR R1)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 06.06.2022 PASSED IN MVC
NO.657/2021 ON THE FILE OF THE V ADDITIONAL SMALL
CAUSES JUDGE AND XXIV ACMM, SCCH-20, MAYO HALL UNIT, BENGALURU, AWARDING COMPENSATION OF RS.29,63,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF
PETITION TILL REALIZATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE T.M. NADAF) The Insurer is before us in this appeal filed under Section 173(1) of the Motor Vehicles At, 1988, calling in question the common Judgment and Award dated 06.06.2022 in MVC No.657/2021 along with connected matters passed by the Motor Accidents Claims Tribunal
HC-KAR
and V Addl. Small Causes Judge & XXIV Additional Chief Metropolitan Magistrate, Mayohall Unit, Bangalore1 (SCCH- 20).
2. The Tribunal under the impugned Judgment and award, awarded a sum of Rs.29,63,000/- with interest @ 6% per annum from the date of petition till realization.
3. The parties are referred to as per their ranking before the Tribunal.
4. The date of accident, involvement of vehicle, injuries suffered, disability resulted and liability to pay compensation are not in dispute. The only dispute is with regard to quantum of compensation, which according to Insurer is excessive and exorbitantly granted.
5. The facts germane to file the present appeal are as under:
1 for short, 'the Tribunal'
HC-KAR
In an accident occurred on 02.03.2020 at about 9:30 pm, a girl child by name Kum.Steffi Sarah Lincoln, aged 12 years, suffered severe injuries resulting in 50% disability. The doctor who has been examined as a witness has deposed that the total disability of the body and to the Kidney at 50% and the claimant has sustained grade III liver injury, grade V right renal injury, grade I pancreatic injury, Duodenal perforation S/p repair and feeding jejunostomy. To a suggestion made by the Insurer that kidney can be transplanted, the doctor deposed that the same would be at a heavy cost which the parents of the minor girl cannot afford. The Tribunal considering all these aspects of the matter, granted sum of Rs.29,63,000/- under various heads along with 6% interest. It is this Judgment and award is called in question in this appeal.
6. Heard, Sri.Janardhan Reddy, learned counsel appearing for the Insurer and Sri.Girish.K.V, learned counsel appearing for respondent No.1 - claimant.
HC-KAR
7. Having considered the rival submissions, perused the entire appeal paper.
8. Though Sri.Janardhan Reddy, tried to impress and convince us that the compensation awarded is higher. However, looking into the injuries sustained, age of the minor girl child and the repercussion of injuries on her future life, the injuries she has undergone, we are in conformity with the order passed by the Tribunal. The suggestion by the Insurer for kidney transplantation, clearly indicates the pathetical condition of the child. We find no infirmity in the order which call upon any interference at the hands of this Court. The appeal sans merit and is accordingly, dismissed.
9. The Registry is directed to transmit the amount in to the concerned Tribunal forthwith for disbursement. The Insurer shall deposit the balance amount awarded by the Tribunal along with interest shall before the Tribunal
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within six weeks from the receipt of certified copy of this order. The disbursement is as per the order passed by the Tribunal. Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
TKN List No.: 1 Sl No.: 6