IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^th DAY OF OCTOBER , 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO.3603 OF 2015(MV-I)

BETWEEN:

MINOR DEEPSHIKA AGED ABOUT 3 YEARS, D/O LOKESH BHANDARY, R/O C/O SUNGANDHI, JATHA BETTU, UPPOOR POST AND VILLAGE, UDUPI TALUK & DISTRICT-576 101.

SINCE APPELLANT IS MINOR SHI IS REP: BY MOTHER GUARDIAN-KAVYA …APPELLANT (BY SRI. NAGARAJ HEGDE, ADVOCATE)

AND:

1. K NAGARAJA AGED ABOUT 53 YEARS, S/O VENKATARAMANA SHERIGARA, R/O H.NO. 11/128, INDIRANAGARA, POST: KATBELTHUR, HEMMADI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-576 201.

2. THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, SRI RAM ARCADE, OPP: H.P.O., UDUPI-576 101, REP: BY ITS DIVISIONAL MANAGER.

…RESPONDENTS (BY SRI. S.KRISHNA KISHORE, ADVOCATE FOR R-2;

R-1 IS SERVED AND UNREPRESENTED)

THIS MFA FILED U/S 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 26.11.2014 PASSED BY THE COURT OF PRL. SENIOR CIVIL JUDGE AND ADDL. MACT, UDUPI, IN M.V.C.NO.877/2013 TO THE EXTENT OF DISALLOWED CLAIM AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION, IN THE INTEREST OF JUSTICE.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 09.1