- 1 - HC-KAR NC: 2025:KHC-D:15077 MFA No. 102057 of 2024 C/W MFA.CROB No. 100106 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102057 OF 2024 (MV-I) C/W MFA CROSS OBJ NO. 100106 OF 2024 IN M.F.A.NO.102057/2024 BETWEEN: THE DIVISIONAL MANAGER, M/S. NATIONAL INSURANCE COMPANY LTD., BALLARI-583101, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY. …APPELLANT (BY SRI. SUBHASH J. BADDI, ADVOCATE) AND: 1. MINOR KALPANA D/O. RAVI NAIK, AGE: 10 YEARS, STUDENT, SINCE MINOR R/BY HER FATHER RAVI NAIK S/O. DURGYA NAIK, AGED 39 YEARS, COOLIE, R/O. H.NO.49, BASARAHALLI THANDA, HADAGALI TQ., VIJAYANAGARA DIST. 2. SALIM MALLIK M.N. S/O. MOHAMMED NAJIR, AGED 33 YEARS, DRIVER, R/O. MUBHARAK MOHALLA, MOLKALMURU, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15077 MFA No. 102057 of 2024 C/W MFA.CROB No. 100106 of 2024 CHINTRADURGA DIST-577535. 3. MOHAMMED RAFIFULLA S/O. KHASIM SAB, AGED 48 YEARS, OWNER OF CAR BEARING NO.KA-16-N-1445, R/O. HOSPITAL QUARTERS, MOLAKALMURU, CHITRADURGA DIST-577535. …RESPONDENTS (BY SRI. SANTOSH B. KANAL, ADVOCATE FOR R1; NOTICE TO R2 & R3 ARE SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL THE RECORDS, HEAR THE PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 27-01- 2024 PASSED BY THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-XIII, H.B. HALLI, ITINERARY SITTING AT SENIOR CIVIL JUDGE, HUVINAHADAGALI IN MVC NO.987/2021, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A.CROB NO.100106/2024 BETWEEN: SRI MINOR KALAPANA D/O. RAVI NAIK, SINCE MINOR R/BY HER FATHER RAVI NAIK S/O. DURGA NAIK, AGE: 39 YEARS, OCC: COOLIE, R/O. H.NO.49, BASARAHALLI THANDA, TQ: HUDAGALI, DIST: VIJAYANAGARA. …APPELLANT (BY SRI. SANTOSH KANAL, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:15077 MFA No. 102057 of 2024 C/W MFA.CROB No. 100106 of 2024 AND: 1. SHRI SALIM MALLIK M.N. S/O. MOHAMMED NAJIR, AGE: 34, OCCN: DRIVER, R/O. MUBHARAK MOHALLA, MOLKALMURU, DIST: CHINTRADURGA. 2. MOHAMMED RAFIFULLA S/O. KHASIM SAB, AGE: 42 YEARS, OCCN: CAR OWNER, R/O. HOSPITAL QUARTERS, MOLAKALMURU, DIST: CHINTRADURGA. 3. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., BALLARI. …RESPONDENTS THIS MFA. CROB IN MFA NO.102057/2024 FILED UNDER ORDER 41 RULE 22 READ WITH RULE 33 OF THE CODE OF CIVIL PROCEDURE 1908 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 27.01.2024 PASSED BY SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-XIII, H.B. HALLI ITINERARY SENIOR CIVIL JUDGE HUVINAHADAGALI IN MVC NO.987/2021 AND SUITABLY MODIFY/ENHANCE THE SAME, IN THE INTEREST OF JUSTICE AND EQUITY. THESE MFA AND MFA CROB. COMING ON FOR FURTHER HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 4 - HC-KAR NC: 2025:KHC-D:15077 MFA No. 102057 of 2024 C/W MFA.CROB No. 100106 of 2024 COMMON ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Subhash J. Baddi, learned counsel, who represents National Insurance Company Limited (hereinafter be referred to as ‘the Insurance Company’ for the sake of convenience of discussion) as well as Sri Santosh B. Kanal, learned counsel who represents the claimant in both the appeals. 2. These two appeals are the outcome of the award that is passed by the Motor Accident Claims Tribunal-XIII, H.B.Halli (hereinafter referred to as ‘the Tribunal’ for brevity) in M.V.C. No.987/2021 dated 27.01.2024. While the Insurance Company filed MFA No.102057/2024 taking a plea that the compensation granted is exorbitant, the claimant filed MFA.CROB. No.100106/2024 seeking enhancement in compensation. 3. The undisputed facts of the case are as under: (i) The claimant was aged around 6 years by the date of accident. - 5 - HC-KAR NC: 2025:KHC-D:15077 MFA No. 102057 of 2024 C/W MFA.CROB No. 100106 of 2024 (ii) The claimant was hit by a car which was insured with the Insurance Company as on the date of accident, due to which she sustained fracture of left tibia. (iii) The claimant took treatment as inpatient at District Hospital, Chitradurga and thereafter at Aarogya Hospital, Huvina Hadagali. 4. Arguing the matter, Sri Subhash J. Baddi, learned counsel representing the insurance company states that the Tribunal though assessed the disability in respect of whole body as 25% and also discussed the law laid down regarding grant of compensation to minors in the case between Master Mallikarjun And Divisional Manager, National Insurance Company Limited & Another1, yet without following the said decision awarded whimsical and exorbitant amount as compensation and therefore the present appeal is filed. Learned counsel submits that the interest granted on the awarded sum is also on higher side. 1 2014(14) SCC 396 - 6 - HC-KAR NC: 2025:KHC-D:15077 MFA No. 102057 of 2024 C/W MFA.CROB No. 100106 of 2024 5. Opposing the said submission, Sri Santosh B. Kanal learned counsel for the claimant submits that the disability as assessed by PW-2 is 75% and therefore the sum granted as compensation is highly justifiable. 6. Having discussed the merits of the case at length and subjecting the evidence of PW-2 to scrutiny, the Tribunal came to a conclusion that the disability in respect of whole body can be considered as 25%. 7. The contents of Ex.P.18-Disability Certificate go to show that the total permanent physical disability in respect of left ankle is 70%. Ex.P.18 is silent in respect of disability with regard to whole body. Admittedly, the claimant sustained fracture to left tibia and in respect of left lower limb alone, the disability was assessed. Hence, this Court is of the view that the Tribunal did not err in assessing the disability in respect of whole body as 25%. 8. As rightly put forth by learned counsel for the Insurance Company, as per the decision of the Hon'ble Apex - 7 - HC-KAR NC: 2025:KHC-D:15077 MFA No. 102057 of 2024 C/W MFA.CROB No. 100106 of 2024 Court in Master Mallikarjun (supra), where the disability is above 10% and upto 30% to the whole body, the compensation which the claimant is entitled to receive is Rs.3,00,000/-. However, the claimant succeeded in establishing that a sum of Rs.1,65,780/- is incurred towards medical expenses. Therefore, the claimant is entitled for the said amount as well. Also, this Court is of the view that the claimant is entitled to Rs.40,000/- as awarded by the Tribunal towards future medical expenses and Rs.25,000/- towards food, extra nourishment, attendant and conveyance charges. Thus, the total sum which the claimant is entitled to receive as compensation is Rs.5,30,780/- (3,00,000 + 1,65,780 + 40,000 + 25,000). The Tribunal awarded a sum of Rs.8,05,780/- as compensation. Thus, the amount granted in excess is Rs.2,75,000/- (Rs.8,05,780 – Rs.5,30,780). Also as rightly put forth by learned counsel for the Insurance Company, the interest which can be awarded on the compensation granted should have been 6% only. - 8 - HC-KAR NC: 2025:KHC-D:15077 MFA No. 102057 of 2024 C/W MFA.CROB No. 100106 of 2024 9. Thus, both the appeals are disposed of with the following: ORDER (i) MFA No.102057/2024 is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal-XIII, H.B.Halli through orders in M.V.C. No.987/2021 dated 27.01.2024 is reduced by Rs.2,50,000/-. (iii) The sum awarded as compensation shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) The appeal in M.F.A.CROB. No.100106/2024 stands dismissed. (v) Amount if any in deposit, be transmitted to the concerned Tribunal immediately. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM,RH CT-MCK List No.: 1 Sl No.: 19