- 1 - HC-KAR NC: 2025:KHC-D:13777 MFA No. 102006 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102006 OF 2020 (MV-I) BETWEEN: KUM. NARAYAN NAIK S/O. SHANKARA NAIK, AGE: 19 YEARS, OCC: COOLIE WORK, R/O: JANATHA PLOT, KOMARANAHALLI TANDA, TQ: HADAGALI, DIST: BALLARI. …APPELLANT (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE) AND: 1. SRI. ANAND NAIK B.S. S/O. SHAMY NAIK, AGE: MAJOR, OCC: BUSINESS, R/O: KOMARANAHALLI THANDA, NAGATHI BASAPUR, TQ: HADAGALI, DIST: BALLARI, (OWNER OF THE BIKE BEARING REGISTRATION NO:KA-35/S-8136) 2. MS. DILIP BILDCON LTD., PLOT NO.5, INSIDE GOVIND NARAYAN SINGH GATE, CHUNABHATTI, KOLAR ROAD, BHOPAL-462101. (OWNER OF THE VEHICLE WATER TANKER BEARING REGISTRATION NO.MP-04/HE-0467) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13777 MFA No. 102006 of 2020 3. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., ENKAY COMPLEX, KESHWAPUR, HUBBALLI-580023. (INSURER OF THE VEHICLE WATER TANKER BEARING REGISTRATION NO.MP-04/HE-0467) POLICY NO: 1911023117P109210132. VALID FROM 22-09-2017 TO 21-09-2018 4. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., S S SUDAMABI BUILDING, APMC ROAD, EASTERN EXTN. RANEBENNUR-581115. …RESPONDENTS (BY SMT. NANDINI SOMAPUR FOR SRI. B.V. SOMAPUR, ADVOCATES FOR R3; NOTICE TO R1, R2 & R4-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR DATED 15.02.2020 IN M.V.C. NO.588/2018 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13777 MFA No. 102006 of 2020 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Chandrashekhar M.Hosamani learned counsel for the appellant as well as Miss.Nandini Somapur who represents Sri.B.V.Somapur learned counsel for respondent No.3. 2. Aggrieved by the sum that is granted as compensation by the Additional Motor Accident Claims Tribunal, Ranebennur (hereinafter referred to as ‘the Tribunal’ for brevity) through the award in M.V.C. No.588/2018 dated 15.02.2020, the claimant is before this Court seeking enhancement. 3. Learned counsel for the appellant submits that the appellant sustained grievous injuries in a road traffic accident and through the evidence of PW-2 he established that the disability is 60.51%, without considering the evidence produced, the Tribunal granted meager sum as - 4 - HC-KAR NC: 2025:KHC-D:13777 MFA No. 102006 of 2020 compensation under all heads and therefore the present appeal is filed. Learned counsel thereby seeks for enhancement in compensation. 4. The submission that is made by Miss.Nandini Somapur learned counsel who represents respondent No.3 on the other hand is that the compensation granted is just and reasonable. 5. The appellant by all the evidence produced, established that he sustained fracture of humerus left, fracture of clavicle, fracture of maxilla-lateral medial wall, fracture of ramus of mandible left side and fracture of left zygomaticomaxillary. The evidence of PW-2 is that the disability is around 60.51%. However there is no material on record to show the exact percentage of disability in respect of whole body. Considering the totality of evidence produced, this Court is of the view that the disability in respect of whole body can be taken to be 20%. 6. Undisputedly the appellant was aged around 17 years by the date of accident. Therefore the decision of the - 5 - HC-KAR NC: 2025:KHC-D:13777 MFA No. 102006 of 2020 Hon'ble Apex Court in Master Mallikarjun Vs. Divisional Manager, National Insurance Company Limited & Another1 is required to be applied. In the said decision the Hon'ble Apex Court at para 12 of the judgment held as follows: “12. Though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of a motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, we are of the view that the appropriate compensation on all other heads in addition to the actual expenditure towards treatment, attendant, etc., should be, if the disability is above 10 per cent and up to 30 per cent to the whole body, Rs.3,00,000; up to 60 per cent, Rs.4,00,000; up to 90 per cent, Rs.5,00,000 and above 90 per cent, it should be Rs.6,00,000. For permanent disability up to 10 per cent, it should be Rs.1,00,000, unless there are exceptional circumstances to take different yardstick.” 7. The Tribunal awarded a sum of Rs.5,32,737/- as compensation in toto. As per the aforementioned decision, the disability being 20% in respect of whole body, the compensation which the appellant is entitled to receive in total is Rs.3,00,000/- apart from the actual expenditure incurred towards treatment, attendant charges, etc. The 1 2014(14) SCC 396 - 6 - HC-KAR NC: 2025:KHC-D:13777 MFA No. 102006 of 2020 medical expenditure incurred is Rs.2,75,387/-. The attendant charges granted is Rs.6,000. Together with the said amount the appellant is entitled to a sum of Rs.3,00,000/- as per the decision preferred above. Therefore, the total sum which the appellant is entitled to receive as compensation is Rs.5,81,387/- (2,75,387 + 6,000 + 3,00,000). The tribunal through the impugned order granted a sum of Rs.5,32,737/- as compensation. Therefore the additional sum which the appellant is entitled to receive is Rs.48,650/- (5,81,387 - 5,32,737). Therefore the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Ranebennur through orders in M.V.C. No.588/2018 dated 15.02.2020 is enhanced by Rs.48,650/-. - 7 - HC-KAR NC: 2025:KHC-D:13777 MFA No. 102006 of 2020 (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) Notice to respondents No.1, 2 and 4 stood dispensed with at the risk of the appellant in the light of the memo filed seeking dispensation of notice to those respondents. Therefore, respondent No.3 is directed to deposit his share out of the enhanced sum along with interest within a period of 8 weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH List No.: 1 Sl No.: 47