- 1 - NC: 2025:KHC-D:708 MFA No. 101969 of 2024 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101969 OF 2024 (MV-I) BETWEEN: KUMAR. DAYANAND S/O. HANAMANTH ATHANI, AGE. 19 YEARS, OCC. STUDENT, R/O. NIDAGUNDI, TQ. RAIBAG, DIST. BELAGAVI-593107. …APPELLANT (BY SRI SANTOSH S. HATTIKATAGI, ADVOCATE) AND: 1. SHRI BASAVARAJ S/O. DASHARATH DODAMANI, AGE. 43 YEARS, OCC. AGRICULTURE, R/O. RAILWAY STATION RAIBAG, TQ. RAIBAG, DIST. BELAGAVI-593107. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, NO.4576, PHARALE BUILDING, K.C. ROAD, NEAR PRABHAKAR TALKIES, CHIKODI, DIST. BELAGAVI-591307. …RESPONDENTS (BY SRI S.S. JOSHI, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AND MOTOR ACCIDENT CLAIMS TRIBUNAL, AT RAIBAG, IN MVC NO.641/2021 DATED 28.02.2023 BY ENHANCING THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, BY Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:708 MFA No. 101969 of 2024 ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 28.02.2023, passed by the Senior Civil Judge and MACT, Raibag, in MVC No.641/2021, seeking enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 4. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. “Fracture of right femur bone; Fracture of lower third of right tibia and fibula; and - 3 - NC: 2025:KHC-D:708 MFA No. 101969 of 2024 Fracture of left tibia and fibula and underwent operation and other grievous injuries to the whole body.” 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. 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. Loss of earnings to the parents during the laid up period. 20,000 3. Attendant, Diet, Nourishment charges and Conveyance etc. 15,000 4. Medical expenses. 2,40,070 Total: 5,75,070 6. In this case, a minor boy aged 14 years old having sustained injuries of fracture of right femur bone, fracture of lower third of right tibia and fibula and fracture of left tibia and fibula and underwent operation and other grievous injuries to the whole body, in a road traffic accident occurred on 03.02.2021, had sustained 75% of permanent physical disability as per assessment made by the doctor - 4 - NC: 2025:KHC-D:708 MFA No. 101969 of 2024 PW.2. The tribunal by considering only 25% of disability and has awarded compensation of Rs.5,75,070/- along with interest at the rate of 6% p.a. from the date of petition till the date of its realization. 7. Considering the nature of injuries sustained and disability occurred, the tribunal has awarded lesser compensation. Therefore, the claimant is entitled for enhancement of compensation. 8. For the injuries sustained by minor children, law is laid down by the Hon’ble Supreme Court in the case of Master Mallikarjun vs. Divisional Manager, the National Insurance Company Limited and another, reported in AIR 2014 SC 736. 9. Having considered the claimant being a minor boy of aged 14 years old, sustained grievous injuries and multiple fractures above stated, the tribunal has held 25% of permanent physical disability which is lesser side. Considering the multiple fractures and applying the principle of law laid down by the Hon’ble Supreme Court in - 5 - NC: 2025:KHC-D:708 MFA No. 101969 of 2024 Raj Kumar vs. Ajay Kumar and another reported in (2011) 1 SCC 343, it is appropriate to consider the claimant has sustained 40% of permanent physical disability. Accordingly it is considered. Therefore, by following the decision in Master Mallikarjun (supra), the compensation is awarded as under: Sl. No. Heads. 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. 4,00,000 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. 2,40,070 4. Future medical expenses for correction of the mal union of fracture and incidental expenses for such treatment. 25,000 Total: 6,90,070 - 6 - NC: 2025:KHC-D:708 MFA No. 101969 of 2024 10. Therefore, the claimant is entitled for total compensation of Rs.6,90,070/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.5,75,070/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 11. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 28.02.2023, passed by the Senior Civil Judge and MACT, Raibag, in MVC No.641/2021, stands modified. iii) The claimant is entitled for total compensation of Rs.6,90,070/- along with interest at the rate of 6% p.a. from the date of petition till - 7 - NC: 2025:KHC-D:708 MFA No. 101969 of 2024 its realization, as against Rs.5,75,070/- awarded by the tribunal. iv) The claimant is not entitled for interest for the delayed period of 329 days in filing the appeal. v) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. vi) Send back the trial Court records along with a copy of this judgment. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 2 Sl No.: 36