- 1 - HC-KAR NC: 2025:KHC-D:14706 MFA No. 101853 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 101853 OF 2015 (MV) BETWEEN: ANITA D/O. DEVAPPA PATTANAKUDI, AGE: 11 YEARS, OCC: STUDENT, BEING MINOR, REPRESENTED BY HER MINOR-GUARDIAN-NATURAL FATHER, SRI. DEVAPPA SHANKAR PATTANKUDI, AGE: 35 YEARS, OCC: CENTERING WORK, R/O: SULAGE VILLAGE, TQ/DIST: BELAGAVI. …APPELLANT (BY SRI. HIRENKUMAR PATEL, ADVOCATE FOR SRI. GOURISHANKAR H. MOT, ADVOCATE) AND: 1. SMT. REKHA PRAKASH CHAVAN, AGE: MAJOR, OCC: BUSINESS, R/O: CHANNEKUPPI, TALUK: GADHINGLAJ, DIST: KOLHAPUR. (OWNER OF MAHINDRA BOLERO CAR REG.NO.MH-09-BB-9081) 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE MINA ROAD, GADHINGLAJ, THROUGH D.O. 1568, MARUTI GALLI, BELAGAVI, (POLICY NO.160306/31/11/01/00015124 VALILD FROM 11-02-2012 TO 10-02-2013) INSURER OF MAHINDRA BOLERO CAR REG.NO.MH-09-BB-9081) …RESPONDENTS (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:14706 MFA No. 101853 of 2015 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION FROM RS.2,00,000/- TO RS.5,00,000/- BY MODIFYING THE JUDGMENT AND AWARD OF PRESIDING OFFICER II ADDITIONAL DISTRICT AND SESSIONS JUDGE & MEMBER MACT III-BELAGAVI AT: BELAGAVI DATED 29.10.2014 IN M.V.C. NO.1894/2012, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR HEARING 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.Hirenkumar Patel, who represents Sri.Gourishankar H. Mot, learned counsel on record for the appellant, as well as Sri.Rajshekhar S. Arani, learned counsel for respondent No.2. 2. This appeal is the outcome of the award that is passed by the Motor Accident Claims Tribunal, Belgaum in MVC No.1894/2012 dated 29.10.2014. 3. The appellant aged around 8 years as on the date of accident, filed a petition narrating that she sustained - 3 - HC-KAR NC: 2025:KHC-D:14706 MFA No. 101853 of 2015 grievous injuries in road traffic accident and became permanently disabled. 4. Considering the evidence of PW2, the Tribunal took the disability in respect of the whole body as 15%. The Tribunal, though placed reliance upon the decision of the Hon’ble Apex Court in the case between Master Mallikarjun v. Divisional Manager, National Insurance Company Ltd.,1 awarded a sum of Rs.2,00,000/- only in total as compensation. 5. As rightly contended by learned counsel for the appellant, which is not objected to by learned counsel for respondent No.2, the disability being 15% in respect of the whole body, the compensation to be granted is Rs.3,00,000/- in total as per the decision that is referred to by the Tribunal itself. However, the Tribunal awarded a sum of Rs.2,00,000/- only. Therefore, the appellant is entitled to receive a sum of 1 (2014) 14 SCC 396 - 4 - HC-KAR NC: 2025:KHC-D:14706 MFA No. 101853 of 2015 Rs.1,00,000/- in addition to the sum that is awarded by the Tribunal. Hence, the appeal is disposed of with the following order: ORDER i. Appeal is allowed in part. ii. Compensation that is granted by the Motor Accident Claims Tribunal, Belgaum, through orders in MVC No.1894/2012 dated 29.10.2014 is enhanced by Rs.1,00,000/-. 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. - 5 - HC-KAR NC: 2025:KHC-D:14706 MFA No. 101853 of 2015 v. The appellant is permitted to withdraw the entire amount that is awarded as compensation 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.: 74