- 1 - HC-KAR NC: 2025:KHC-D:15851 MFA No. 102602 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102602 OF 2015 (MV-I) BETWEEN: KUM. SUDHA D/O. DURGAPPA MADAR @ GUDIMANI, AGE: 14 YEARS, OCC: STUDENT, MINOR, BY GUARDIAN NATURAL FATHER DURGAPPA S/O. MALLAPPA MADAR @ GUDIMANI, AGE: 41 YEARS, OCC: COOLIE, R/O: GOUDAGERI, TQ: KUNDGOL-581113, DIST: DHARWAD. …APPELLANT (BY SRI. S.M. KALWAD, ADVOCATE) AND: 1. MANAGING DIRECTOR, NWKRTC, GOKUL ROAD, HUBBALLI-580020, DIST: DHARWAD. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15851 MFA No. 102602 of 2015 2. SELF INSURANCE FUND NWKRTC, G0KUL ROAD, HUBBALLI-580020, DIST: DHARWAD. …RESPONDENTS (BY SRI. C.B. PATIL, ADVOCATE FOR R1 & R2) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT PRAYING TO CALL FOR RECORDS ON THE FILE OF THE DISTRICT JUDGE AND MACT., GADAG IN M.V.C.NO.249/2009 DATED 04.10.2010; ENHANCE THE COMPENSATION AND MODIFY THE JUDGMENT AND DECREE PASSED BY THE DISTRICT JUDGE AND MACT., GADAG IN M.V.C.NO.249/2009 DATED 04.10.2010, BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15851 MFA No. 102602 of 2015 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.S.M.Kalwad, learned counsel for the appellant on 18.11.2025. There was no representation on respondents’ side on call on the said day. To give fair opportunity to respondents to make their submissions, the matter was adjourned. However, even today there is no representation on respondents’ side on call. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal, Gadag (hereinafter referred to as ‘the Tribunal’ for brevity) in M.V.C. No.249/2009 dated 04.10.2010. 3. The appellant, a minor girl, who sustained injuries in a road traffic accident that occurred in the year 2009, filed a petition claiming compensation. The Tribunal through the impugned order granted a sum of - 4 - HC-KAR NC: 2025:KHC-D:15851 MFA No. 102602 of 2015 Rs.1,36,599/- as compensation. Contending that she is entitled to a higher sum, the present appeal is filed. 4. Arguing the matter, learned counsel for the appellant submits that the appellant sustained grievous injury in a road traffic accident. The said injury resulted in permanent physical disability. The appellant produced the evidence of PW-2 who clearly stated that the disability is 50% which is permanent and partial in nature in respect of the right lower limb of the appellant. The appellant suffered a lot due to the injury sustained and she is still suffering. Without considering the nature of the injury sustained, the disability, the medical expenditure incurred and the amount spent towards food, extra nourishment, transportation and attendant charges, the Tribunal awarded meager sum as compensation and therefore, the present appeal is filed. Learned counsel thereby seeks for enhancement in compensation. - 5 - HC-KAR NC: 2025:KHC-D:15851 MFA No. 102602 of 2015 5. By all the evidence produced, the appellant succeeded in establishing that she sustained a deep crush injury over right leg and the X-ray reveal fracture of tibia and fibula right. Also, the appellant succeeded in establishing that she took treatment as inpatient for 4 months. By the evidence of PW-2, it is clear that the appellant is left with disability of 50% in respect of her right lower limb. However, there is no material on record to show in certainty the disability in respect of whole body. Even the Tribunal did not discuss about the said aspect. Having considered the nature of injury sustained and the disability as spoken by PW-2, this Court is of the view that the disability in respect of whole body can be taken to be between 10% to 15%. In the decision that is rendered by the Hon'ble Apex Court in Master Mallikarjun Vs. Divisional Manager, National Insurance Company Limited & Another1, the Court at para 12 of the judgment held as follows: 1 2014(14) SCC 396 - 6 - HC-KAR NC: 2025:KHC-D:15851 MFA No. 102602 of 2015 “12. Though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of a motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, we are of the view that the appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc., should be, if the disability is above 10% and upto 30% to the whole body, Rs.3 lakhs; upto 60%, Rs.4 lakhs; upto 90%, Rs.5 lakhs and above 90%, it should be Rs.6 lakhs. For permanent disability upto 10%, it should be Re.1 lakh, unless there are exceptional circumstances to take different yardstick”. 6. Thus, in the light of the aforementioned decision, the appellant is entitled to a sum of Rs.3,00,000/-. The appellant succeeded in establishing that a sum of Rs.22,599/- was incurred towards medical expenses. Also the appellant who was aged around 8 years as on the date of accident must have been looked after either by her parents, at least one of the parents or any attendant. Therefore, there might be loss of earnings on the part of the parent who attended her or the parents might have incurred attendant charges. Therefore, considering the medical expenditure incurred and the amount which might have - 7 - HC-KAR NC: 2025:KHC-D:15851 MFA No. 102602 of 2015 spent towards attendant charges, this Court is of the view that a sum of Rs.50,000/- is required to be awarded which includes the medical expenditure incurred and also the attendant and conveyance charges. 7. Thus, this Court is of the view that the appellant is entitled to a sum of Rs.3,50,000/- (Rs.3,00,000 + Rs.50,000) in total. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Gadag through orders in M.V.C. No.249/2009 dated 04.10.2010 is enhanced from Rs.1,36,599/- to Rs.3,50,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date - 8 - HC-KAR NC: 2025:KHC-D:15851 MFA No. 102602 of 2015 of petition till the date of deposit except for the period of 1698 days as per orders in I.A. No.1/2015. (iv) Respondents are 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, the appellant is permitted to withdraw the entire amount subject to production of sufficient proof that she attained the age of majority. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 10