- 1 - HC-KAR NC: 2025:KHC:35312 MFA No. 6432 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6432 OF 2013 (MV-I) BETWEEN: RANGASWAMY S/O RANGARAJU 9 YEARS, SINCE MINOR REPRESENTED BY HIS MOTHER GOWRAMMA R/O DR. B.R. AMBEDKAR NAGAR, BEHIND POLICE QUARTERS, HOLENARASIPURA TOWN, HOLENARASIPURA - 573 211 …APPELLANT (BY SMT. SHARADAMBA, ADVOCATE) AND: 1. H.M. GOVINDAIAH, S/O MUTTAIAH R/O DR. B.R. AMBEDKAR NAGAR, HOLENARASIPUR TOWN, HOLENARASIPUR - 573 211 2. THE NATIONAL INSURANCE CO. LTD. SRI. MANJUNATHA COMPLEX BUS STAND ROAD, HASSAN - 573 201 3. VEDAMURTHY S/O RAJANNA G. SOMANAHALLI KASABA HOBLI HOLENARASIPURA TALUK - 573 211 …RESPONDENTS Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35312 MFA No. 6432 of 2013 (BY SRI. CHETHAN B., ADVOCATE FOR R1 V/O DATED 08.02.2016, NOTICE TO R2 AND R3 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.08.2012 PASSED IN MVC NO.45/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, MACT, HOLENARASIPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the claimant-injured challenging the judgment and award dated 04.08.2012 passed in MVC No.45/2011 by the Senior Civil Judge and M.A.C.T, Holenarasipur (for short 'the Tribunal'), seeking enhancement of compensation. 2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Tribunal. 3. Heard learned counsel for both the parties and perused the materials on record. - 3 - HC-KAR NC: 2025:KHC:35312 MFA No. 6432 of 2013 4. Learned counsel for the claimant-injured submitted that the injured claimant is the minor, aged seven years, represented by his mother and she filed claim application, claiming compensation of Rs.2,00,000/- with interest at the rate of 18% per annum from the date of petition till the date of deposit. The Tribunal considering the entire evidence on record granted Rs.30,000/- with interest at the rate of 6% per annum from the date of petition, till the date of deposit of the award amount with cost. 5. Aggrieved by the said order, she preferred an appeal and mainly contended that he was treated as an inpatient for 19 days i.e., from 25.05.2010 to 13.06.2010. Ex.P6 is the discharge summary. As per Ex.P5 wound certificate, he has sustained fracture of shaft on femur, which is grievous in nature. They have also spent Rs.25,000/- towards medical expenses and requested for enhancement of compensation. 6. This Court finds reasonable to grant an amount of Rs.15,000/- for injuries. Petitioner has not examined the doctor. But admittedly, as per wound certificate, he sustained grievous injuries and was hospitalized for 19 days. Therefore, - 4 - HC-KAR NC: 2025:KHC:35312 MFA No. 6432 of 2013 this Court also finds it reasonable to grant an amount of Rs.15,000/- for pain and sufferings. Rs.15,000/- for loss of amenities. Rs.10,000/- for medical expenses. Rs.15,000/- for transport, extra nourishment and attendant charges. The total compensation comes to Rs.70,000/-. 7. The claimant is entitled to a total compensation of Rs.70,000/- as against Rs.30,000/- awarded by the Tribunal. 8. In view of the aforesaid, I pass the following:- ORDER (i) The appeal is allowed. (ii) The judgment and award dated 04.08.2012 passed in MVC No.45/2011 by the Senior Civil Judge and M.A.C.T, Holenarasipur, is hereby modified. (iii) The claimant is entitled for a total compensation of Rs.70,000/- as against the compensation of Rs.30,000/- awarded by the Tribunal, along with interest at 6% p.a. from the date of petition, till the date of realisation. - 5 - HC-KAR NC: 2025:KHC:35312 MFA No. 6432 of 2013 (iv) It was held in the Tribunal order, that owner is liable to pay the compensation. Therefore, respondent No.1 is directed to deposit the amount along with interest at the rate of 6% per annum within one month, from the date of this order. On such deposit, as the minor petitioner might have attained the age of majority, he is permitted to withdraw the entire amount along with interest accrued. Sd/- (P SREE SUDHA) JUDGE BH CT:VS List No.: 1 Sl No.: 14