- 1 - HC-KAR NC: 2025:KHC-D:15963 MFA No. 103495 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 103495 OF 2017 (MV-I) BETWEEN: KUMARI ANNAPURNA, D/O. BASAVANNI PENDARI, AGE: 9 YEARS, OCC: STUDENT, NOW NILL, R/O: VANTAMURI COLONY, BELAGAVI, SINCE MINOR R/BY MOTHER AS GUARDIAN AND NEXT FRIEND, SMT. BHARATI W/O. BASAVANNI PENDARI, AGE: 34 YEARS, OCC: COOLIE, R/O: VANTAMURI COLONY, BELAGAVI. …APPELLANT (BY SRI. HANAMANT R. LATUR, ADVOCATE) AND: 1. SHRI RAMESH S/O. BASAPPA BEEJAPPGOL @ BHUJAPPAGOL, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: BOLASHYANATTI, P.O: MANAGUTTI, TAL: HUKKERI, DIST: BELAGAVI-591243. 2. NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, DIVISIONAL MANAGER, RAMDEV GALLI, BELAGAVI-590001. …RESPONDENTS (BY SMT. ARUNA R. DESHPANDE, ADVOCATE FOR R2; NOTICE TO R1 IS 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:15963 MFA No. 103495 of 2017 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED BY COURT OF IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI IN MVC NO.1657/2014 DATED 07-04-2016, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION 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.Hanamant R. Latur, learned counsel for the appellant who appears before this Court physically as well as Ms.Aruna R. Deshpande, learned counsel for respondent No.2, who appears through Video Conference. 2. Challenge in this appeal is to the award that is passed by the Additional Motor Accident Claims Tribunal, Belagavi, in MVC No.1657 of 2014 dated 07.04.2016. This is a claimant's appeal. - 3 - HC-KAR NC: 2025:KHC-D:15963 MFA No. 103495 of 2017 3. The appellant, who was admittedly aged around six years, was hit by motorcycle while she was playing and thereby she sustained fracture of femur left. The accident occurred in the year 2014. Subjecting the evidence of PWs.1 and 2, Exhibits P10 to P16 to scrutiny, Tribunal came to the conclusion that the appellant is entitled to a sum of Rs.3,23,000/- as compensation. The version of the appellant is that she is entitled to a higher sum. 4. Sri. Hanumant R. Latur, learned counsel for the appellant submits that the Tribunal took the notional income of the appellant as Rs.15,000/- per year following II Schedule of the Motor Vehicles Act. Learned counsel submits that the accident occurred in the year 2014 and for the relevant period, considering the minimum wages that is being received by any workman of lowest cadre, the High Court Legal Services Committee, Dharwad is taking the notional - 4 - HC-KAR NC: 2025:KHC-D:15963 MFA No. 103495 of 2017 income as Rs.7,500/- per month and hence the said figure requires consideration. 5. Ms.Aruna Deshpande, though did not raise any serious objection in respect of the notional income to be taken, submits that the disability as assessed by the Tribunal in relation to the whole body is wrong. 6. Stating that the notional income has to be taken as fixed under the Minimum Wages Act for settlement of claims regarding minors in accident cases, learned counsel for the appellant relies upon the decision of the Hon'ble Apex Court in Hitesh Nagjibhai Patel Vs. Bababhai Nagjibhai Rabari & Anr.1, wherein the Court at paragraph 10 of the judgment held as under: “10. Adverting to the facts at hand, the appellant was an 8-year-old child at the time of the accident. In view of the above exposition of law, we must advert to the prevailing minimum wages, which for the skilled ones, as in the year of accident, i.e., 2012, in Gujarat would be Rs.227.85p. per day, 1 Civil Appeal No.10278 of 2025 - 5 - HC-KAR NC: 2025:KHC-D:15963 MFA No. 103495 of 2017 therefore, in the interest of justice, we deem it appropriate to determine the income of the appellant as Rs.6,835.5p. per month, rounding off to Rs.6,836/- per month.” 7. Thus, basing on the aforementioned decision and the submission that is made by learned counsel for the appellant, this Court considers desirable to take the notional income of the appellant as Rs.7,500/- per month. The evidence of PW2 is that the appellant suffers from 30% permanent physical disability in respect of left lower limb. Therefore, the disability in respect of the whole body can safely be taken as 10%. 8. Thus, by taking the notional income as Rs.7,500/- per month, on applying the multiplier 18 and the disability in respect of the whole body as 10%, the compensation which the appellant is entitled to receive towards ‘loss of future earnings’ comes to Rs.1,62,000/- (Rs.7,500 × 12 × 18 × 10%). The Tribunal granted a sum of Rs.81,000/- only under the - 6 - HC-KAR NC: 2025:KHC-D:15963 MFA No. 103495 of 2017 said head. Thus the enhancement will be Rs.81,000/- (Rs.1,62,000 − Rs.81,000). 9. Therefore, the appeal is disposed of with the following order: ORDER i. Appeal is allowed in part. ii. Compensation that is granted by the Additional Motor Accident Claims Tribunal, Belagavi through orders in MVC No.1657 of 2014 dated 07.04.2016 is enhanced by Rs.81,000/-. 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. 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. - 7 - HC-KAR NC: 2025:KHC-D:15963 MFA No. 103495 of 2017 v. On deposit, appellant is permitted to withdraw the enhanced sum, however subject to producing sufficient proof that she has attained the age of majority. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 17