- 1 - NC: 2025:KHC:13728 MFA No. 7205 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7205 OF 2013 (MV-I) BETWEEN: MASTER SAYYED HAMMED AGED ABOUT 3 YEARS REP BY HIS MOTHER SMT. NAZEEMA PARVIN, W/O SAYYED HAROON, R/O KODI, KUNDAPURA KASBA KUNDAPURA, UDUPI DISTRICTR-576 201 …APPELLANT (BY SRI. VIJAYA KRISHNA BHAT M., ADVOCATE) AND: 1. HARISH MAJOR S/O LINGAPPA NAIK R/O GUDIMANE, JALI, BHATKAL, U.K. DISTRICT-574 101 2. DIVISIONAL MANAGER UNITED INDIA INS. CO. LTD. DIVISIONAL OFFICE, JEWEL PLAZA, MARUTHI VITHIKA UDUPI-576 201 …RESPONDENTS (BY SRI.LAKSHMI NARASAPPA, ADVOCATE FOR SRI.A.M.VENKATESH, ADVOCATE FOR R2 R1- SERVED AND UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.04.2013 PASSED IN MVC NO.369/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13728 MFA No. 7205 of 2013 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 SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.369/2012 dated 22.04.2013 by the Senior Civil Judge and Member, Additional MACT, Kundapura, the appellant/claimant is before this Court seeking enhancement of the compensation. 2. It is the case of the minor claimant that on 20.03.2012 at about 19-00 hours, while he was standing on the side of mud portion of N.H.No.17, near Marikatta, Bhatkal, at that time, a motor cycle came from Car street towards Marikatta side driven by the driver in high speed and in a rash and negligent manner and lost control over it dashed against the minor claimant and due to the said impact, the minor claimant fell on the mud road and sustained grievous injuries. Immediately, he was shifted to Chinmayi Hospital, Kundapura wherein he was treated as inpatient from 20.03.2012 to 25.03.2012. - 3 - NC: 2025:KHC:13728 MFA No. 7205 of 2013 3. The Tribunal had granted compensation of an amount of Rs.43,500/- as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and sufferings : Rs. 10,000/- 2. Loss of amenities : Rs. 20,000/- 3. Medical expenses : Rs. 9,500/- 4. Miscellaneous expenses like Conveyance, Attendant charges and food, extra nourishment charges : Rs. 4,000/- TOTAL : Rs. 43,500/- 4. Learned counsel appearing for the claimant submits that in the light of the law laid down by the Hon'ble Apex Court which was later considered and elaborately discussed by this Court, in case of Master Karthik.R Vs. National Insurance Company Limited and Another arising out of MFA.No.426/2020 C/W MFA No.4124/2020 and MFA No.7008/2021 dated 27.09.2024, this Court has even considered the pecuniary and non-pecuniary damages. It is submitted that the minor claimant was aged about 2 years at the time of the accident and he had suffered disability of 10% - 4 - NC: 2025:KHC:13728 MFA No. 7205 of 2013 to the whole body, as such, the Court ought to have granted the compensation. 5. Learned counsel appearing for respondent No.2/ Insurance Company submits that the above referred judgment do not apply to the facts of the case. It is submitted that here, the disability to the minor claimant is 3% and at best, the case of Master Mallikarjun Vs. National Insurance Co.Ltd.1 will apply, where the Court had held that for permanent disability up to 10%, it should be an amount of Rs.1 lakh. It is submitted that the claimant is not entitled for compensation as per the law laid down in the above referred judgments. 6. Having heard the learned counsels on either side, perused the entire material on record. This Court has perused the judgment that is placed before the Court and where the Court had considered the case of Master Ayush Vs. The Branch Manager, Reliance General Insurance Co.Ltd. and Another2 and the case of Kajal Vs. Jagdish Chand3 and 1 (2014) 14 SCC 396 2 (2022) 7 SCC 738 3 (2020) 4 SCC 413 - 5 - NC: 2025:KHC:13728 MFA No. 7205 of 2013 coming to the facts of the case, disability to the limb is 10% and disability to the whole body is 3%. In that case, this Court is not inclined to apply the law laid down in the Kajal's case or Master Ayush's case referred supra and the judgment relied on by the learned counsel passed by Coordinate Bench of this Court in Master Karthik.R's case. In these facts and circumstances and considering the injuries, the law laid down in Mallikarjun's case will squarely apply this case. Hence, under the head of pain and sufferings, the claimant is entitled for an amount of Rs.1,00,000/-. With regard to the discomfort, inconvenience and loss of earning to the parents during the period of hospitalisation, this Court is granting an amount of Rs.14,000/- and towards medical expenses, this Court is granting an amount of Rs.9,500/-. 7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another4, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 4 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:13728 MFA No. 7205 of 2013 8. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and sufferings : Rs. 10,000/- 1,00,000/- 2. Loss of amenities : Rs. 20,000/- 00/- 3. Medical expenses : Rs. 9,500/- 9,500/- 4. Miscellaneous expenses like Conveyance, Attendant charges and food, extra nourishment charges : Rs. 4,000/- 00/- 5. Discomfort, inconvenience and loss of earning to the parents during the period of hospitalization : Rs. 00/- 14,000/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 43,500/- 1,33,500/- Enhancement : Rs. 90,000/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.1,33,500/-. 10. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of - 7 - NC: 2025:KHC:13728 MFA No. 7205 of 2013 Rs.43,500/- to Rs.1,33,500/-. The Insurance Company is liable to pay the compensation. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The respondent No.2 - Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 1