- 1 - HC-KAR NC: 2025:KHC:39239 MFA No. 5322 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 5322 OF 2014 (MV-I) BETWEEN: KUM. DISHA A RAVI D/O. A.R. RAVI, PRESENTLY AGE ABOUT 16 YEARS RESIDING AT NO.84, 4TH CROSS, S.S.V GARDEN, PIPELINE ROAD, SOMASHETTYHALLI, CHIKKABANAVARA POST, BANGALORE NORTH TALUK - 560 090. SINCE MINOR REPT. HER NATURAL GUARDINAN MOTHER B.N.MANJULA AND PRESENTLY RESIDING AT C/O SOMASHEKAR, IDUBETTU HOUSE, SAMPIGE VILLAGE, PUTTIGE POST, MOODABIDARE, DAKSHINA KANNADA - 574 227. …APPELLANT (BY SRI. KUMAR K.R, ADVOCATE) AND: 1. SRI.SANTHOSH S/O.SHANKARAPPA, AGE: MAJOR, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39239 MFA No. 5322 of 2014 C/O. DURGA DUTT NO.105, PHASE I, PALM MEADOW, AIRPORT, VARTHU ROAD, BANGALORE - 560 066. AND PERMANENT RESDIENT OF SHIGGAVI CALIKONDA, HAVERI DISTRICT, DRIVER OF CAR BEARING, REG.NO.KA-51-7967. (PLACED EXPARTE) 2. SRI DURGADUTT NEDUN GADI, S/O.LATE TMB NEDUNGADI, AGE:MAJOR, VILLA NO.105, PHASE-I, PALM MEADOWS, AIRPORT, VARTHUR ROAD, BANGALORE - 560 066. (OWNER OF THE CAR BEARING REG.NO.KA-51-7967) 3. GENERAL MANAGER, IFFCO TOKIO COMPANY LTD., NO.745, I FLOOR, NEW MAIN ROAD, CHENNAKESHWANAGAR, ELECTRONIC CITY POST, BANGALORE - 560 100. (INSURER OF THE CAR BEARING NO.KA 51-7967.) …RESPONDENTS (BY SRI. E.I. SANMATHI, ADVOCATE FOR R3; VIDE ORDER DATED 05.06.2015, NOTICE TO R1 AND R2 ARE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 17.12.2013 PASSED IN MVC NO.7328/2011 ON THE FILE OF THE XX ADDITIONAL SMALL - 3 - HC-KAR NC: 2025:KHC:39239 MFA No. 5322 of 2014 CAUSE JUDGE, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT Though the appeal is slated for admission, by consent of both sides, it is taken up for final disposal and heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent No.3. Notice to respondent Nos.1 and 2 is dispensed with. 2. The short point that arise in the appeal is, whether the appellant is entitled for enhancement of compensation amount? 3. It is the case of the appellant that, the appellant who was aged about 12 years at the time of accident on 30.10.2010; was a pillion rider on the motor cycle bearing vehicle No.KA-04-HC-482 and the said two - 4 - HC-KAR NC: 2025:KHC:39239 MFA No. 5322 of 2014 wheeler was hit by a car bearing No.KA-51-N-7967 near Jalahalli Police Station Junction. The appellant sustained fracture of left tibia, she was admitted to the hospital for treatment for five days as inpatient from 30.10.2010 to 04.11.2010. 4. It is contended by the learned counsel for appellant that, appellant had lost about 60 days of her studies, she was a bright student and as such, the injury has left her with depleted performance in her academics and she could not participate in the sports events. 5. Further it is contended that, the accident was due to rash and negligent driving on the part of the driver of the car and as such, the owner and insurer of the car are liable to pay the compensation. 6. The appeal was opposed by respondent No.3 - Insurance Company contending that, there is no negligence on the part of the driver of the car but accident was due to negligence of the mother of the appellant who - 5 - HC-KAR NC: 2025:KHC:39239 MFA No. 5322 of 2014 was a rider of the two wheeler. Further, the Insurance company denied the quantum of compensation on the ground of exorbitance and that there was violation of the terms and conditions of the policy. 7. The Tribunal framed appropriate issues and recorded the evidence. After hearing both the sides, the tribunal awarded compensation of Rs.90,100/- under the following heads: 1. Pain and suffering Rs. 15,000-00 2. Attendant charges Rs. 2,000-00 3. Food, diet, incidental charges and conveyance charges Rs. 5,000-00 4. Medical expenses Rs. 38,100-00 5. Loss of amenities and discomfort Rs. 10,000-00 6. Loss of future prospects in life Rs. 10,000-00 TOTAL Rs. 90,100-00 Being aggrieved by the same, the appellant is before this Court. 8. Learned counsel for the appellant submits that, the tribunal has not considered the fact that, the appellant - 6 - HC-KAR NC: 2025:KHC:39239 MFA No. 5322 of 2014 was unable to attend the school for more than 60 days and it has adversely affected her performance. Further it is submitted that, the compensation awarded under the remaining heads are also on the lower side and as such, there is need for reassessment of the same. 9. Per contra, learned counsel for the respondent No.3 - Insurance Company contended that, the compensation awarded by the tribunal is adequate and no indulgence is required in this case. 10. A careful perusal of the records available would show that, the appellant was aged about 12 years at the time of accident and she was studying in 7th standard. The medical records would show that, the appellant was admitted as inpatient for five days for the injury of fracture of left tibial shaft from 30.10.2010 to 04.11.2010 but she was advised to take rest for sixty days. Therefore, there is no evidence on record to show that, either the father or mother of the appellant had applied for leave nor - 7 - HC-KAR NC: 2025:KHC:39239 MFA No. 5322 of 2014 there is any loss of income on account of her stay in the house. The academic performance records are also not produced by petitioner. Therefore, there being no evidence in respect of either her disability or loss of income on account of the appellant's admission to the hospital, it is difficult to accede to the contention of the appellant herein. 11. However, on careful perusal of the records, it appears that, the compensation amount awarded under some of the heads are on lower side and the same requires to be enhanced. 12. The compensation under the head of 'pain and sufferings' needs to be enhanced to Rs.30,000/-. The compensation under the head of 'attendant charges' needs to be enhanced to Rs.5,000/- on account of inpatient treatment for five days. Similarly, the compensation under the head of 'loss of amenities and discomfort' needs to be enhanced to Rs.40,000/- since - 8 - HC-KAR NC: 2025:KHC:39239 MFA No. 5322 of 2014 no compensation is awardable under the head of loss of income. The tribunal has awarded a sum of Rs.10,000/- under the head of 'loss of future prospects in life' which cannot be acceptable as there is no such head. 13. Learned counsel for the appellant submits that, the compensation under the head of loss of income due to laid up period may not be acceptable, but the fact that, her parents had to be with her during the laid up period cannot be denied. In the absence of material in this regard, though the claim made by the learned counsel for the appellant does not call for any consideration, the quantification of loss of income during the laid up period and loss of academics of the appellant, needs to be considered and by guess work it is Rs.45,000/-. 14. In the result, the appellant is entitled to a compensation amount of Rs.1,63,100/- under the following heads: - 9 - HC-KAR NC: 2025:KHC:39239 MFA No. 5322 of 2014 1. Pain and suffering Rs. 30,000-00 2. Attendant charges Rs. 5,000-00 3. Food, diet, incidental charges and conveyance charges Rs. 5,000-00 4. Medical expenses Rs. 38,100-00 5. Loss of amenities and discomfort Rs. 40,000-00 6. Loss of income of parents during laid up period Rs. 45,000-00 Total Rs.1,63,100-00 Less: Awarded by Tribunal Rs. 90,100-00 Enhancement Rs. 73,000-00 16. In view of the above, I proceed to pass the following: ORDER i. The appeal filed by the appellant is partly allowed. ii. Petitioner is entitled for an amount of Rs.73,000/- in addition to the compensation awarded by the Tribunal along with interest @ 6% p.a. from the date of petition, till the disposal before the Tribunal. iii. The impugned judgment and award is modified accordingly. - 10 - HC-KAR NC: 2025:KHC:39239 MFA No. 5322 of 2014 iv. Respondent No.3 - Insurance Company is directed to deposit the compensation within a period of four weeks before the Tribunal. v. All other aspects of the impugned award remain unaltered. Sd/- (C M JOSHI) JUDGE KLV List No.: 1 Sl No.: 14 CT: BHK