- 1 - HC-KAR NC: 2025:KHC-D:8863 MFA No. 100035 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 100035 OF 2018 (MV-I) BETWEEN: KIRAN S/O GOVINDARAJU, AGE: 13 YEARS, OCC: STUDENT, SINCE MINOR REPRESENTED BY HER NATURAL MOTHER AND M/G SMT. KUMARI W/O GOVINDARAJU, AGE: 38 YEARS, OCC: COOLIE, R/O: LAKKAPPANA CAMP, TQ: BHADRAVATHI, DIST: SHIVAMOGGA, NOW @ VIDYANAGAR, ANTRAVALI ROAD, RANEBENNUR, DIST: HAVERI. … APPELLANT (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, KSRTC, HASSAN DIVISION, HASSAN, DIST: HASSAN, PIN CODE-573 201. … RESPONDENT (BY SRI. S.C. BHUTI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION FROM RS.1,62,000/- TO RS.10,00,000/- BY MODIFYING THE JUDGMENT AND AWARD DATED 08.08.2017 PASSED IN MVC NO.968/2014 ON THE FILE OF THE IIND ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8863 MFA No. 100035 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the appellant/claimant challenging the judgment and award dated 08.08.2017, passed by the II Additional Senior Civil Judge and Additional MACT, Ranebennur, (for short, ‘Tribunal’) in MVC No.968/2014, seeking enhancement of compensation. 2. Heard the arguments of learned counsel for the parties and perused the records. 3. The occurrence of accident, injuries sustained by the claimant and coverage of insurance are not in dispute. 4. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries: “i. Lacerated wound over the left elbow. ii. Digloving injury in the left forearm.” 5. The Tribunal after considering the facts and circumstances and evidence on record, has awarded total - 3 - HC-KAR NC: 2025:KHC-D:8863 MFA No. 100035 of 2018 compensation of Rs.1,62,000/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, under the following heads: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and sufferings. 25,000/- 2. Towards medical expenses. 5,000/- 3. Towards attendant charges. 12,000/- 4. Conveyance charges 5,000/- 5. Food, diet and extra nourishment charges 5,000/- 6. Loss of income during laid up period NIL 7. Loss of future earning capacity on account of permanent physical disability 1,00,000/- 8. Loss of amenities and enjoyment of life 10,000/- Total: 1,62,000/- 6. Upon considering the injuries sustained and amount of compensation awarded by the Tribunal, which is on lower side, the claimant is entitled to enhanced compensation on the correct parameters. 7. Considering the nature of injuries sustained and disability suffered by the claimant as assessed by the Doctor- PW-12 and the disability certificate-Ex.P.7, the claimant has suffered 45% of permanent physical disability, but the Tribunal has considered only 10% of disability towards whole body, which is incorrect. By considering the principle of law - 4 - HC-KAR NC: 2025:KHC-D:8863 MFA No. 100035 of 2018 laid down by the Hon’ble Apex Court in the case of Rajkumar V/s Ajay Kumar & Another1, 1/3rd of 45% is taken into consideration, it would come to 15% of functional disability towards whole body. The claimant is 10 years old and he was a minor. Therefore, by following the principle of law laid down by the Hon’ble Apex Court in the case of Master Mallikarjun Vs. Divisional Manager, National Insurance Company Limited & Another2 compensation is awarded as under: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering already undergone and to be suffered in future, mental and physical shock, hardship, inconvenience and discomforts, etc and loss of amenities in life on account of permanent disability. 3,00,000/- 2. Discomfort, inconvenience and loss of earnings to the parents during the period of hospitalization. 25,000/- 3. Medical and incidental expenses during the period of hospitalization for 58 days. 25,000/- 4. Future medical expenses for correction of the mal union of fracture and incidental expenses for such treatment. 25,000/- Total Compensation 3,75,000/- 1 2011 (1) SCC 343 2 2014(14) SCC 396 - 5 - HC-KAR NC: 2025:KHC-D:8863 MFA No. 100035 of 2018 8. Thus, in all, the claimant would be entitled to total compensation of Rs.3,75,000/- with interest at the rate of 6% per annum from the date of petition till realization as against Rs.1,62,000/- awarded by the Tribunal. 9. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 08.08.2017, passed by the II Additional Senior Civil Judge and Additional MACT, Ranebennur, in MVC No.968/2014, stands modified. iii) The claimant is entitled for total compensation of Rs.3,75,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against Rs.1,62,000/- awarded by the tribunal. iv) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. - 6 - HC-KAR NC: 2025:KHC-D:8863 MFA No. 100035 of 2018 v) Send back the trial Court records along with a copy of this judgment to the tribunal. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM CT:BCK LIST NO.: 1 SL NO.: 49