- 1 - NC: 2025:KHC-D:1469 MFA No. 103702 of 2016 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103702 OF 2016 (MV-I) BETWEEN: KUMAR VINAY S/O. SHIVANAND DASANAKOPPA, AGE: 8 YEARS, OCC: STUDENT, R/O: HIRENANDIHALLI, NOW RESIDING AT 3RD CROSS, K.C. NAGAR, BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI. SINCE MINOR REPTD. BY NATURAL FATHER SRI. SHIVANAND S/O. KALLAPPA DASANAKOPPA, AGE: 42 YEARS, OCC: TEACHER, R/O: HIRENANDIHALLI, NOW RESIDING AT 3RD CROSS, K.C. NAGAR, BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI. …APPELLANT (BY SRI HANAMANT R. LATUR, ADVOCATE.) AND: 1. SRI VINAYAKUMAR S/O. IRANNA CHABBI, AGE: 26 YEARS, OCC: BUSINESS, R/O: 3RD CROSS, R.C. NAGAR, BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI. 2. TATA AIG INSURANCE CO. LTD., PENINSULA CORPORATE PARTK, NCHOLAS PIRAMALA TOWER, 9TH FLOOR, GANAPATRAO KADAM MARG, LOWR PARAL, MUMBAI-400013. …RESPONDENTS (BY SRI SUBHASH J.BADDI, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH.) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1469 MFA No. 103702 of 2016 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF M.V.ACT, PRAYING TO 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.1083/2014 DATED 22.08.2016, 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 22.08.2016, passed by the Senior Civil Judge and Addl. MACT, Bailhongal, in MVC No.1083/2014, 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:1469 MFA No. 103702 of 2016 “Mal united fracture of tibia and fibula and sustained disability at 35% to left lower limb.” 5. The tribunal has awarded compensation under various heads as under: 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. 1,20,000 2. Medical and hospital charges. 15,000 3. Nourishment charges. 20,000 4. Attendant and conveyance charges. 20,000 5. Loss of income during treatment period of the guardian of petitioner. 20,000 Total: 1,95,000 6. In this case, a minor boy aged 5 years old having sustained injuries of fracture of tibia and fibula of left leg, in a road traffic accident occurred on 13.05.2013, had sustained 35% of permanent physical disability to left lower limb, as per assessment made by the doctor PW.2. The tribunal by considering only 11% of disability to the whole body has awarded compensation of Rs.1,95,000/- along with - 4 - NC: 2025:KHC-D:1469 MFA No. 103702 of 2016 interest at the rate of 9% p.a. from the date of petition till the date of its realization. 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 boy of aged 5 years old, sustained injuries and fracture above stated, the tribunal has held 11% of permanent physical disability which is lesser side. 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 12% of permanent - 5 - NC: 2025:KHC-D:1469 MFA No. 103702 of 2016 physical disability. Accordingly it is considered. Therefore, by following the decision in Master Mallikarjun (supra), the compensation is awarded as under: 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. 3,00,000 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. 15,000 4. Future medical expenses for correction of the mal union of fracture and incidental expenses for such treatment. 25,000 Total: 3,65,000 10. Therefore, the claimant is entitled for total compensation of Rs.3,65,000/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,95,000/- awarded by the - 6 - NC: 2025:KHC-D:1469 MFA No. 103702 of 2016 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. 11. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 22.08.2016, passed by the Senior Civil Judge and Addl. MACT, Bailhongal, in MVC No.1083/2014, is modified. iii) The claimant is entitled for total compensation of Rs.3,65,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against Rs.1,95,000/- 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. - 7 - NC: 2025:KHC-D:1469 MFA No. 103702 of 2016 v) Send back the trial Court records along with a copy of this judgment and award. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 2 Sl No.: 21