- 1 - NC: 2025:KHC-D:1949 MFA No. 103942 of 2018 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103942 OF 2018 (MV-I) BETWEEN: KUMARI KAVITA D/O. VITTAL KURAGUND, AGE: 9 YEARS, OCC: STUDENT, R/O: MEKALAMARDI, PIN: 591112, TQ: BAILHONGAL, DIST: BELAGAVI. SINCE MINIOR R/BY HER NATURAL GUARDIAN FATHER SHRI VITHAL S/O. SHIVAPPA KUNDARNAD, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: MEKALAMARDI, PIN: 591112, TQ: BAILHONGAL, DIST: BELAGAVI. …APPELLANT (BY SRI HANAMANT R.LATUR, ADVOCATE.) AND: 1. SHRI BASAGOUDA S/O. BALAJI PATIL, AGE: 50 YEARS, OCC: BUSINESS, R/O: SATTIGERI TOLA, ARABHAVI-597200, TQ: GOKAK, DIST: BELAGAVI. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SAMADEVI GALLI, BELAGAVI, TQ. AND DIST: BELAGAVI. …RESPONDENTS (BY SRI M.Y. KATAGI, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1949 MFA No. 103942 of 2018 ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED BY SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, IN MVC NO.798/2015 DATED 11.04.2018, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 11.04.2018, passed by the Senior Civil Judge and Addl. MACT, Bailhongal, in MVC No.798/2015, seeking enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 4. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. - 3 - NC: 2025:KHC-D:1949 MFA No. 103942 of 2018 “Mal-united fracture of M/3rd tibia and fibula and other injuries”. 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 40,000 2. Medical expenses. 17,750 3. Loss of income during treatment. 1,200 Total: 58,950 6. In this case, a minor girl aged 06 years old having sustained injuries of fracture of tibia and fibula bones of left leg, in a road traffic accident occurred on 24.11.2014, had sustained 20% of permanent physical disability to the left lower limb as per assessment made by the doctor PW.2. The tribunal has not considered the disability and has awarded meager amount of compensation towards pain and suffering and has awarded a total compensation of Rs.58,950/- along with interest at the rate of 9% p.a. from the date of petition till the date of its realization. - 4 - NC: 2025:KHC-D:1949 MFA No. 103942 of 2018 7. Considering the nature of injuries sustained and disability occurred, the tribunal has awarded lesser compensation. Therefore, the claimant is entitled for enhancement of compensation. 8. For the injuries sustained by minor children, law is laid down by the Hon’ble Supreme Court in the case of Master Mallikarjun vs. Divisional Manager, the National Insurance Company Limited and another, reported in AIR 2014 SC 736. 9. Having considered the claimant being a minor girl of aged 06 years old, sustained grievous injuries and fracture above stated, the tribunal has awarded lesser compensation. Considering the fracture and applying the principle of law laid down by the Hon’ble Supreme Court in Raj Kumar vs. Ajay Kumar and another reported in (2011) 1 SCC 343, it is appropriate to consider the claimant has sustained 8% of permanent physical disability. Accordingly it is considered. Therefore, by following the decision in Master Mallikarjun (supra), the compensation is awarded as under: - 5 - NC: 2025:KHC-D:1949 MFA No. 103942 of 2018 Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering already undergone and to be suffered in future, mental and physical shock, hardship, inconvenience, and discomforts, etc., and loss of amenities in life on account of permanent disability. 1,00,000 2. Discomfort, inconvenience and loss of earnings to the parents during the period of hospitalization. 25,000 3. Medical and incidental expenses during the period of hospitalization. 17,750 4. Future medical expenses for correction of the mal union of fracture and incidental expenses for such treatment. 25,000 Total: 1,67,750 10. Therefore, the claimant is entitled for total compensation of Rs.1,67,750/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.58,950/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. - 6 - NC: 2025:KHC-D:1949 MFA No. 103942 of 2018 11. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 11.04.2018, passed by the Senior Civil Judge and Addl. MACT, Bailhongal, in MVC No.798/2015, is modified. iii) The claimant is entitled for total compensation of Rs.1,67,750/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against Rs.58,950/- awarded by the tribunal. iv) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. v) Send a copy of this judgment to the trial Court. vi) No order as to costs. - 7 - NC: 2025:KHC-D:1949 MFA No. 103942 of 2018 vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 22