- 1 - HC-KAR NC: 2025:KHC-D:15174 MFA No. 101275 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 101275 OF 2016 (MV-I) BETWEEN: DHARSHAN S/O. BASAVARAJ, AGED ABOUT 13 YEARS, MINOR REPRESENTED BY GUARDIAN AND NATURAL FATHER BASAVARAJ, R/O: T.B. DAM, HOSAPETE TALUK, BALLARI DISTRICT. …APPELLANT (BY SRI. AKASH, ADVOCATE FOR SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) AND: 1. MAHAMMAD HANIF S/O. T.A. RAHIMAN, AGED ABOUT 35 YEARS, OWNER OF MOTOR CYCLE, KA-35/U-0902, R/O: 7TH WARD, S.R. NAGAR, HOSAPETE. 2. SIKANDAR BASHA S/O. FAKRUDDIN SAB, R/O. 24TH WARD, DOOR NO.18156, JAMBUNATH ROAD, HOSAPETE, BALLARI DISTRICT, OWNER OF MOTOR CYCLE, KA-35/U-0902. 3. THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, BALLARI BRANCH, PARVATHI NAGAR, HOSAPETE, POLICY NO.141250232000002. DATED 11.3.2010 TO 10.3.2011. …RESPONDENTS (BY SRI. G.N. RAICHUR, ADVOCATE FOR R3; R1 & R2 NOTICE 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:15174 MFA No. 101275 of 2016 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 10.02.2016 PASSED BY ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-VII, HOSAPETE IN M.V.C. NO.601/2011 BY ENHANCING THE COMPENSATION TO THE APPELLANT AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES 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.Akash, who appears before this Court physically and represents Sri. Y. Lakshmikant Reddy, learned counsel on record for the appellant. Also heard Sri. G. N. Raichur, who appears through Video Conference and represents respondent No.3. 2. Challenge in this appeal is to the award that is passed by the Motor Accident Claims Tribunal-VII, Hospet in MVC No.601/2011 dated 10.02.2016. This is a claimant's appeal. - 3 - HC-KAR NC: 2025:KHC-D:15174 MFA No. 101275 of 2016 3. On the ground that he sustained grievous injuries in a road traffic accident that occurred in the year 2010, the appellant, who was aged around 8 years as on the date of accident, filed a petition claiming compensation of Rs.15,00,000/- in total. The Tribunal through the impugned award granted a sum of Rs.3,26,000/- as compensation. With a version that he is entitled to a higher sum, the present appeal is filed. 4. Learned counsel for the appellant submits that the disability as assessed by PW2 is 73.3% in respect of right ear and the disability as assessed by PW3 is 10% in respect of right lower limb. But the Tribunal took the disability in respect of whole body as 30% which is improper. Learned counsel also states that the Tribunal failed to award any compensation for the expenses which the parents of the appellant incurred for food, extra nourishment, attendant and - 4 - HC-KAR NC: 2025:KHC-D:15174 MFA No. 101275 of 2016 conveyance charges. Learned counsel thereby seeks enhancement in compensation. 5. Learned counsel for respondent No.3 on the other hand states that the disability as assessed by the Tribunal is proper and thereby the compensation granted by the Tribunal is on proper lines and thus the appeal is not maintainable. 6. Having considered the totality of evidence produced, the Tribunal took the disability in respect of whole body as 30% which needs no interference. Also placing reliance upon the decision of the Hon’ble Apex Court in Master Mallikarjun v. Divisional Manager, National Insurance Company Ltd.,1 the Tribunal awarded a sum of Rs.3,00,000/- as compensation for the functional disability in respect of whole body. However, as rightly projected, Tribunal failed to award any compensation to compensate the appellant for 1 (2014) 14 SCC 396 - 5 - HC-KAR NC: 2025:KHC-D:15174 MFA No. 101275 of 2016 food, extra nourishment, attendant and conveyance charges which the parents of the appellant would have incurred during the period of treatment of the appellant and thereafter till his recovery. 7. Taking into consideration the fact that the accident occurred in the year 2010, basing on the rupee value of the said period and the availability of goods and services, the Court is of the view that the amount which the appellant’s parents could have incurred for food, extra nourishment, conveyance and attendant charges might be Rs.25,000/- in total. 8. Therefore, this Court is of the view that the compensation that is granted by the Tribunal is required to be enhanced by Rs.25,000/-. 9. Thus, the appeal is disposed of with the following order: - 6 - HC-KAR NC: 2025:KHC-D:15174 MFA No. 101275 of 2016 ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Motor Accident Claims Tribunal-VII, Hospet through orders in MVC No.601/2011 dated 10.02.2016 is enhanced by Rs.25,000/-. 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.3 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. v. On such deposit, appellant is permitted to withdraw the entire amount subject to producing sufficient proof that he has attained the age of majority. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 24