- 1 - HC-KAR NC: 2025:KHC-D:15775 MFA No. 100580 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 100580 OF 2022 (MV-I) BETWEEN: KUMARI. MAHAVISH D/O MOHAMMAD YUSUF PEERAJADE, AGE: 20 YEARS, OCC: STUDENT, R/O: 2ND CROSS, RAJIV GANDHI NAGAR, DHARWAD. …APPELLANT (BY SRI. CHANDRASHEKHAR S. NAGASHETTI, ADVOCATE) AND: 1. H.C. NAGARAJAIAH AGE: MAJOR, OCC: BUSINESS, R/O: M/S SEABIRD TOURIST CENTRE NO.26, 2ND CROSS, SRI RAM TEMPLE BUILDING, NEXT TO SANGLI BANK, GANDHI NAGAR, BANGALORE, PINCODE- 560009. 2. THE DIVISIONAL MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD., CTS NO.472-474, V.A. KALBURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBLI, PINCODE- 580021. …RESPONDENTS (BY SRI. MALLIKARJUN, FOR SRI. NAGARAJ C. KOLLOORI, ADVOCATES FOR R2, R1- NOTICE DISPENSED WITH) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15775 MFA No. 100580 of 2022 THIS MFA FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, IS PRAYING TO ENHANCED THE COMPENSATION AND MODIFY THE JUDGMENT AND AWRD PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND CJM, DHARWAD DATED 22.11.2018 IN MVC NO. 719/2015 AND AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) 1. Heard Sri.Chandrashekhar S. Nagashetti, learned counsel for the appellant as well as Sri.Mallikarjun who represents Sri. Nagaraj C. Kolloori, learned counsel for respondent No.2. 2. This appeal is the outcome of the award that is passed by the Motor Accident Claims Tribunal, Dharwad in MVC No.719/2015 dated 22.11.2018. This is a claimant's appeal. 3. The appellant, who was aged around 11 years as on the date of the accident, sustained fracture of the left - 3 - HC-KAR NC: 2025:KHC-D:15775 MFA No. 100580 of 2022 femur and injury to the left forearm and hence, she being represented by her father, filed a petition claiming compensation. The Tribunal through the impugned award granted a sum of Rs.1,37,404/-. The version of the appellant is that she is entitled to higher sum. 4. Making his submission on the merits of the matter, learned counsel for the appellant submits that the appellant took treatment as inpatient for considerable period and during the course of treatment she underwent surgery also. The appellant produced the evidence of PW3, who treated her. PW3 clearly stated that the disability in respect of the left upper limb is 25% and in relation to the whole body it is around 10% to 15%. Learned counsel states that the Tribunal took the disability in respect of whole body as 8%, thereby granted very meagre sum as compensation. Learned counsel states that the appellant being a girl child has to suffer entire life due - 4 - HC-KAR NC: 2025:KHC-D:15775 MFA No. 100580 of 2022 to disability and therefore the compensation granted is required to be enhanced. 5. Per contra, the submission that is made by learned counsel for respondent No.2 is that the Tribunal having applied the principles laid down by the Hon'ble Apex Court in the case of Master Mallikarjun v. Divisional Manager, National Insurance Company Ltd.,1 granted justifiable sum as compensation and therefore the decision of the Tribunal needs no interference. 6. It is not in dispute that the appellant, apart from sustaining fracture of the left femur, also sustained fracture of the left forearm. Further, sufficient evidence is produced to show that she took treatment as an inpatient for more than a month. Undoubtedly, the guardian of the appellant might have spent a considerable amount towards food, extra nourishment, 1 (2014) 14 SCC 396 - 5 - HC-KAR NC: 2025:KHC-D:15775 MFA No. 100580 of 2022 conveyance and attendant charges. Also one of the parents of the appellant or any other appointed person might have attended the appellant till recovery. 7. Having considered all these aspects, this Court is of the view that the compensation granted by the tribunal towards attendant charges i.e.,Rs.5,000/-, towards conveyance charges i.e., Rs.5,000/- and towards food, nourishment and diet charges i.e., Rs.6,000/- is on the lower side. Therefore, this Court considers desirable to enhance the compensation globally by Rs.40,000/- which includes interest so that the sum which the appellant receives would be justifiable. 8. Hence the appeal is disposed of with the following order: ORDER i. Appeal is allowed in part. - 6 - HC-KAR NC: 2025:KHC-D:15775 MFA No. 100580 of 2022 ii. Compensation that is granted by the Motor Accident Claims Tribunal, Dharwad, through orders in MVC No.719/2015 dated 22.11.2018 is enhanced by Rs.40,000/-. iii. Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. iv. Failure on the part of respondent No.2 to deposit the amount within the time granted will lead to payment of interest at the rate of 6% per annum from the date of petition till the date of deposit. v. On deposit, appellant is permitted to withdraw the entire amount subject to production of sufficient proof that she has attained the age of majority. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-GTB List No.: 1 Sl No.: 2