- 1 - HC-KAR NC: 2025:KHC:19044 MFA No. 9111 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.9111 OF 2017 (MV-I) BETWEEN: AISHWARYA D/O RANGASWAMY AGED ABOUT 7 YEARS, R/AT YERIYUYU VILLAGE, YELANDUR TALUK, CHAMARAJANAGAR TALUK AND DISTRICT (APPELLANT BEING MINOR REP. BY HER NATURAL GUARDIAN FATHER RANGASWAMY S/O DODDA SHETTY, YERIYUYU VILLAGE, YELANDUR TALUK, CHAMARAJANAGAR DISTRICT. ... APPELLANT (BY SRI VINOD KUMAR M., ADVOCATE) AND: 1. MALLIKARJUNA S/O MALLAIAH, R/AT S.B. COLONY, KOLLEGALA, CHAMARAJANAGAR DISTRICT. 2. DIVISIONAL MANAGER, K.S.R.T.C., CHAMARAJANAGAR TOWN, CHAMARAJANGAR DISTRICT. ... RESPONDENTS (BY SMT. S. NIRMALA, ADVOCATE FOR R-2; R-1 IS SERVED & UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.02.2017 PASSED IN MVC NO.120/2016 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19044 MFA No. 9111 of 2017 THIS APPEAL COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeal is filed under Section 173(1) of the Motor Vehicle Act, 19801 by the claimant challenging the judgment and award dated 20.02.2017 passed in MVC No.120/2016 by the Prl. District and Sessions Judge and M.A.C.T. at Chamarajanagara2, seeking for enhancement of the compensation awarded. 2. For the sake of convenience, the parties herein are referred as per their ranking before the Tribunal. 3. The relevant facts in a nutshell leading to the present appeal are that on 16.12.2015 the claimant was standing in front of her house on the road and a KSRTC bus came in a rash and negligent manner and hit the claimant causing the accident in question. Claiming compensation for the injuries sustained in the accident, the claimant 1 Hereinafter referred to as ‘M.V. Act’ 2 Hereinafter referred to as the ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:19044 MFA No. 9111 of 2017 represented by her father and natural guardian instituted the claim proceedings arraying the driver and owner of the bus as party respondents. The Tribunal by its judgment and award dated 20.02.2017 partly allowed the claim petition and awarded compensation of Rs.4,70,000/- with interest at 6% p.a. Being aggrieved and seeking enhancement of compensation, the present appeal is filed. 4. The findings of the Tribunal regarding negligence and liability has not been challenged in the present appeal and the same has attained finality. Hence, the only question that is required to be considered in the present appeal is, the adequacy of the quantum of compensation. 5. It is noticed that the claimant is a four year old girl. It is forthcoming from the wound certificate (EX.P.7) and the testimony adduced by the doctor (PW.2) that the claimant has sustained crush injury of the right foot and the right lower leg. The doctor PW.2 has deposed that there is rear total amputation of the great toe of the right leg and amputation of the second to fifth toes of the right leg. The - 4 - HC-KAR NC: 2025:KHC:19044 MFA No. 9111 of 2017 doctor PW.2 having examined the claimant for disability noticed that there is right foot stump and the claimant complains of pain in the same. That the movements of the right ankle is restricted and there is wasting of the muscles in the right foot. The doctor has deposed that the claimant has difficulty in walking on slopes, climbing stairs and standing on the effected leg. The doctor has assessed the disability to the right limb at 56.54%. The Tribunal, appreciating the material on record has assessed the whole body disability at 18%. 6. The Tribunal, noticing the judgment of the Hon’ble Supreme Court in the case of Master Mallikarjun vs Divisional Manager, National Insurance Company Ltd., and another3, wherein the Hon’ble Supreme Court has directed that in a case where there is disability above 10% and upto 30% to the whole body in the case of minors, `.3,00,000/- compensation has to be awarded towards disability. Accordingly, the Tribunal has awarded `.3,00,000/- towards disability, which is just and proper. 3 AIR 014 SC 736 - 5 - HC-KAR NC: 2025:KHC:19044 MFA No. 9111 of 2017 Further, the Tribunal has awarded a sum of `.1,02,100/- towards medical expenses which is as per actuals, which is just and proper. The Tribunal has also awarded compensation of `.18,000/- towards loss of income of the parents, which is just and proper. 7. Having regard to the nature of injury sustained and the treatment undertaken by the claimant it is just and proper that the compensation towards injury, pain and suffering be reassessed at `.50,000/- as against `.30,000/- awarded by the Tribunal. 8. The Tribunal has awarded a compensation of `.17,400/- towards food, nourishment and medical attendant charges and `.3,000/- towards conveyance. Having regard to the nature of injuries sustained and the period of treatment, it is just and proper that the compensation towards the same be reassessed at `.30,000/-. 9. The Tribunal has not awarded any compensation towards loss of amenities. Having regard to the nature of - 6 - HC-KAR NC: 2025:KHC:19044 MFA No. 9111 of 2017 injuries sustained and the extent of disability, it is just and proper that a sum of `.30,000/- be awarded towards loss of amenities. 10. The Tribunal, while awarding `.3,00,000/- towards disability has also awarded the said amount of compensation for loss of prospectus of marriage life and disfigurement. It is noticed that the Hon’ble Supreme Court in the case of Kajal vs. Jagdish Chand4 while considering the case of injury to a minor girl who was assessed with 100% disability has awarded a sum of `.3,00,000/- towards loss of marriage prospects. Further, the same was followed in the case of Ayush vs. Reliance General Insurance Co. Ltd.,5 and the Hon’ble Supreme Court has awarded a sum of `.3,00,000/- towards loss of marriage prospects in case of injury to a minor where disability was 100%. 11. Keeping in mind the aforementioned legal propositions and having regard to the nature of injuries having been sustained to a minor girl to her right leg, it is 4 (2020) 4 SCC 413 5 (2022) 7 SCC 738 - 7 - HC-KAR NC: 2025:KHC:19044 MFA No. 9111 of 2017 just and proper to award a sum of `.1,00,000/- towards loss of marriage prospects. 12. Accordingly, the total compensation under various heads is re-assessed as follows: Sl. No. Heads Amount awarded by the Tribunal (`) Amount awarded by this Court (`) 1. Injury, pain and suffering 30,000.00 50,000.00 2. Medical expenses 1,02,100.00 1,02,100.00 3. Attendant charges, food, nourishment and conveyance charges 20,400.00 (17,400 + 3,000) 30,000.00 4. Loss of income of parents during treatment 18,000.00 18,000.00 6. Loss of amenities 0.00 30,000.00 7. Disability and future earning. 3,00,000.00 3,00,000.00 8. Loss of marriage Prospects 0.00 1,00,000.00 Total 4,70,500.00 (erroneously mentioned as `. `.`. `.4,70,000/- in the award of the Tribunal) 6,30,100.00 - 8 - HC-KAR NC: 2025:KHC:19044 MFA No. 9111 of 2017 Hence, the appellant/claimant is entitled for enhanced compensation of `.1,59,600/- (`.6,30,100/- – `.4,70,500/-) together with interest at 6% p.a. 13. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 20.02.2017 passed in MVC No.120/2016 on the file of Prl. District and Sessions Judge and M.A.C.T. at Chamarajanagara, is modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remain unaltered; iii) The appellant/claimant is entitled to enhanced compensation of `.1,59,600/- with interest at 6% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal. iv) Respondent No.2 – Insurance Company is directed to deposit the said compensation together with accrued interest within a period of - 9 - HC-KAR NC: 2025:KHC:19044 MFA No. 9111 of 2017 six weeks from the date of receipt of a copy of this judgment; v) After deposit, the entire enhanced compensation with accrued interest shall be disbursed to the appellant/claimant; vi) The Registry to draw the modified award accordingly. vii) No costs. viii) Records be transmitted to the Tribunal forthwith. Sd/- (C.M. POONACHA) JUDGE YKL List No.: 1 Sl No.: 59