- 1 - HC-KAR NC: 2025:KHC:38926 MFA No. 3408 of 2023 C/W MFA No. 1183 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3408 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 1183 OF 2024 (MV-I) IN MFA No. 3408/2023 BETWEEN: M/S TATA AIG GENERAL INS. CO. LTD., MOTOR CLAIMS HUB, NO.69, 3RD FLOOR, J.P AND JAMBUKESHWARA ARCADE, MILLERS ROAD, BANGALORE- 560 052 NOW REPRESENTED BY THE MANAGER TATA AIG GENERAL INS.CO., NO.69, 3RD FLOOR, J.P AND JAMBUKESHWARA ARCADE, MILLERS ROAD, BANGALORE- 560 052 …APPELLANT (BY SRI. A.N.KRISHNA SWAMY, ADVOCATE) AND: MASTER CHASVIK S., S/O SOMASHEKAR V., AGED ABOUT 12 YEARS, RESIDING AT NO.20, T.NARAYANAPPA COMPOUND 2ND MAIN, RAJANNA BUILDING, 2ND CROSS, WHITEFIELD ROAD, B, NARAYANAPURA, DOORVANINAGAR, NEAR ANJANEYA SWAMY TEMPLE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38926 MFA No. 3408 of 2023 C/W MFA No. 1183 of 2024 BANGALORE-560 016 PETITIONER IS MINOR, REPRESENTED BY HIS FATHER AS A NATURAL GUARDIAN, SOMASHEKAR V., 2. SRI. UMASHANKAR D., S/O DASAPPA M. NO.21, 2ND CROSS, MALAGALA MAIN ROAD, RAMARKSIHNA LAYOUT, NAGARABHAVI, BANGALORE-560 091 …RESPONDENTS (BY SRI. GURUDEVA PRASAD K.T., ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.03.2023 PASSED IN MVC NO. 2134/2022 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MAYO HALL UNIT, BENGALURU SCCH- 19, AWARDING COMPENSATION OF RS.4,59,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 1183/2024 BETWEEN: MASTER CHASVIK S., S/O SOMASHEKAR V., AGED ABOUT 13 YEARS, R/AT NO.20, T.NARAYANAPPA COMPOUND, 2nd MAIN , RAJANNA BUILDING, 2nd CROSS, WHITEFIELD ROAD, B.NARAYANAPURA, DOORAVANINAGAR NEAR ANAJANEYA SWAMY TEMPLE BENGALURU - 560 016 APPELLANT IS MINOR, REP BY HIS FATHER AS A NATURAL GUARDIAN - 3 - HC-KAR NC: 2025:KHC:38926 MFA No. 3408 of 2023 C/W MFA No. 1183 of 2024 SOMASHEKAR V., ...APPELLANT (BY SRI. K.T.GURUDEVA PRASAD, ADVOCATE) AND: 1. M/S TATA AIG GENERAL INSURANCE CO. LTD., BY ITS MANAGER, MOTOR CLAIMS HUB, NO. 69, 2nd FLOOR, J P AND AMBUKESHWARA ARCADE NEAR ICICI 1ST SQUARE, MILLERS ROAD, BENGALURU -560 052 2. UMASHANKAR D., S/O DASAPPA M 21, 2nd CROSS, MALAGALA MAIN ROAD, RAMAKRISHNA LAYOUT, NAGARABHAVI BENGALURU -560 010 ...RESPONDENTS (BY SRI. A.N.KRISHNA SWAMY, ADVOCATE FOR R1 V/O/D 24.09.2024- NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 14.03.2023 PASSED IN MVC NO.2134/2022 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MAYO HALL UNIT, BENGALURU, (SCCH-19), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:38926 MFA No. 3408 of 2023 C/W MFA No. 1183 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.2134/2022 dated 14.03.2023 by the XV Addl. Small Causes Judge and XXIII ACMM, Bengaluru, whereby the Tribunal had awarded compensation of an amount of Rs.4,58,871/-. Both the Insurance Company as well as the claimant are before this Court. The Insurance Company’s appeal is MFA.No.3408/2023 and the claimant’s appeal is MFA.No.1183/2024. 2. The claim petition is filed seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 07.02.2022 at about 8.35 am., he was proceeding as a pillion rider in a motor cycle ridden by its rider slowly and cautiously on B.Narayanapura, Bengaluru. When they reached near Lowry School compound, at that time, driver of one car drove the same in a rash and negligent manner, so as to endangering human life, came at a high speed and dashed to the claimant’s motor cycle. As a result of forced impact, the claimant fell down and sustained grievous injuries. - 5 - HC-KAR NC: 2025:KHC:38926 MFA No. 3408 of 2023 C/W MFA No. 1183 of 2024 The claimant is aged about 11 years. As per the evidence of the doctor there is a disability of 36% to the limb and 12% to the whole body, but the Tribunal had taken the disability at 11% to the whole body and had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Pain and suffering Rs. 30,000/- 2. Medical expenses Rs. 99,871/- 3. Transportation, nourishment, conveyance and attendant charges Rs. 4,000/- 4. Towards the head of permanent disability Rs. 3,00,000/- 5. Towards discomfort, inconvenience and loss of earnings to the parents during the period of hospitalization Rs. 25,000/- Total Rs. 4,58,871/- 3. Learned counsel appearing for the claimant submits that the Tribunal had not granted a just and reasonable compensation. The Tribunal ought to have taken the disability at 36%. It is further submitted that under all the heads the compensation amount needs to be enhanced. 4. Learned counsel appearing to the Insurance Company submits that the Tribunal had granted the - 6 - HC-KAR NC: 2025:KHC:38926 MFA No. 3408 of 2023 C/W MFA No. 1183 of 2024 compensation on the higher side and no enhancement is required and on all the counts the amounts needs to be relooked as per the judgment of the Hon’ble Apex Court in the case of Master Mallikarjun v/s Dir. Manager, National Insurance Co. Ltd.1 5. Having heard the learned counsels on either side, perused the material on record. As per the judgment of the Hon’ble Apex Court in Master Mallikarjun’s case stated supra, when the disability is above 10% and upto 30% to the whole body, an amount Rs.3,00,000/- needs to be given under the head of pain and suffering already undergone and to be suffered in future mental and physical shock, hardship, inconvenience and discomfort and loss of amenities in life, on account of permanent disability. In this case, the disability that is sustained is 12% to the whole body. This Court is granting an amount of Rs.3,00,000/- towards pain and suffering. Then coming to the discomfort, inconvenience and loss of earnings to the parents considering that this accident was taken place in the year 2022, this Court is taking the income at Rs.15,500/- 1 (2014) 14SCC 396 - 7 - HC-KAR NC: 2025:KHC:38926 MFA No. 3408 of 2023 C/W MFA No. 1183 of 2024 per month. For 3 months, this Court is granting an amount of (15500X3)=Rs.46,500/- towards loss of earnings to the parents. The Tribunal had already awarded an amount of Rs.99,871/- towards medical expenses. As the claimant was there in the hospital for 3 days, the Tribunal had rightly awarded an amount of Rs.4,000/- towards transportation, nourishment, conveyance and attendant charges. Hence, this Court is not interfering with the same. 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads Rs. Compensation amount awarded by the Tribunal Compensation amount awarded by this Court 1. Pain and suffering Rs. 30,000/- 3,00,000/- 2. Medical expenses Rs. 99,871/- 99,871/- 3. Transportation, nourishment, conveyance and attendant charges Rs. 4,000/- 4,000/- 2 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:38926 MFA No. 3408 of 2023 C/W MFA No. 1183 of 2024 4. Towards the head of permanent disability Rs. 3,00,000/- 00/- 5. Towards discomfort, inconvenience and loss of earnings to the parents during the period of hospitalization Rs. 25,000/- 46,500/- 6. Legal expenses Rs. 00/- 10,000/- Total Rs. 4,58,871/- 4,60,371/- Enhanced amount Rs. 1,500/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.4,60,371/-. 9. Accordingly, MFA.No.3408/2023 filed by the Insurance Company is dismissed. 10. Accordingly, MFA.No.1183/2024 filed by the claimant is also dismissed. i) The apportionment of the amount shall be as per the order passed by the Tribunal. ii) The amount in deposit shall be forthwith transferred to the Tribunal. iii) The Insurance Company shall pay the compensation amount. iv) No costs. - 9 - HC-KAR NC: 2025:KHC:38926 MFA No. 3408 of 2023 C/W MFA No. 1183 of 2024 v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 3 Sl No.: 6