- 1 - NC: 2025:KHC-D:1992 MFA No. 22137 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.22137 OF 2012 (MV-I) BETWEEN: MAHANTESH S/O. RANGANAGOUDA GOUDAR, AGE: 14 YEARS, OCC: STUDENT, SINCE MINOR REPRESENTED BY HIS M.G.F. RANGAGANGOUDA S/O. BASANAGOUDA GOUDAR, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: HIRE MUCHCHALAGUDDA, TQ: BADAMIN, NOW RESIDING AT HOSPETH ONI, BAGALKOT, DIST: BAGALKOT. …APPELLANT (BY SRI CHANDRASHEKAR P.PATIL, ADVOCATE) AND: BASAVARAJ S/O. MANAPPA NAIKAR, AGE: 24 YEARS, OCC: BUSINESS, OWNER OF TATA ACE BEARING REG.NO.KA-29/9288, R/O: H.NO.124, 7TH CROSS, JYOTI COLONY, NEAR PIPE FACTORY, VIDYAGIRI, BAGALKOT. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 29.03.2012 PASSED BY THE MEMBER, M.A.C.T. NO. IV, BAGALKOT, IN MVC NO.574/2010, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1992 MFA No. 22137 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 2. This appeal is filed by the claimant/injured seeking enhancement of compensation being aggrieved by the judgment and award dated 29.03.2012, passed in MVC No.574/2010 on the file of the Member MACT-IV, Bagalkot, (for short, ‘Tribunal’). 3. Brief facts of the case are that on 15.09.2009 at about 07.30 p.m., the claimant/appellant was moving towards home by walk carefully and cautiously near Hire- Muchchalagudda bus stand, at that time, TATA Ace bearing Reg.No.KA/9288 came in a rash and negligent manner and caused accident. Due to the said accident, the appellant/claimant sustained injuries and immediately after the accident, the appellant was admitted to Government Hospital, Badami for first aid. Later he was - 3 - NC: 2025:KHC-D:1992 MFA No. 22137 of 2012 shifted to Kerudi hospital, Bagalkot and he was inpatient for a period of 10 days. Therefore, the claimant has filed the claim petition, seeking compensation. 4. Heard the arguments of learned counsel for the parties and perused the records. 5. The occurrence of accident, injuries sustained by the claimant and coverage of insurance are not in dispute. 6. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries: i. CLW of upper central incisor. ii. CLW 2x3 cm right partial region. iii. Abrasion right cheek and forehead 3x2 cms. iv. Fracture of right fibula. v. Grievous injuries over head and eye. 7. The Tribunal after considering the facts and circumstances and evidence on record, has awarded total compensation of Rs.15,900/- along with interest at the - 4 - NC: 2025:KHC-D:1992 MFA No. 22137 of 2012 rate of 6% per annum from the date of petition till the date of realization, under the following heads: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Injuries, pain and suffering 8,000/- 2. Medical expenses 7,900/- Total Compensation 15,900/- 8. 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. 9. The claimant was 12 years old at the time of accident and he was a minor. If the claimant has suffered permanent disability upto 10%, then compensation of Rs.1,00,000/- is awarded under the head pain and sufferings . 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 - 5 - NC: 2025:KHC-D:1992 MFA No. 22137 of 2012 Insurance Company Limited & Another1 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. 1,00,000/- 2. Discomfort, inconvenience and loss of earnings to the parents during the period of hospitalization. 25,000/- 3. Future medical expenses for correction of the mal union of fracture and incidental expenses for such treatment. 25,000/- Total Compensation 1,50,000/- 10. Thus, in all, the claimant would be entitled to total compensation of Rs.1,50,000/- with interest at the rate of 6% per annum from the date of petition till realization. The Insurance Company shall deposit the same within a period of eight weeks from the date of receipt of a copy of this judgment. 11. In the result, I proceed to pass the following: 1 2014(14) SCC 396 - 6 - NC: 2025:KHC-D:1992 MFA No. 22137 of 2012 ORDER i) The appeal is allowed in part. ii) The judgment and award dated 29.03.2012, passed by the Member MACT-IV, Bagalkot in MVC No.574/2010 stands modified. iii) The claimant is entitled for total compensation of Rs.1,50,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against Rs.15,900/- 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. - 7 - NC: 2025:KHC-D:1992 MFA No. 22137 of 2012 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 List No.: 1 Sl No.: 34