- 1 - HC-KAR NC: 2025:KHC:49155 MFA No. 87 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 87 OF 2020 (MV-I) BETWEEN: 1. KUM SINDHU D/O H.B.REVANASIDDAPPA AGED ABOUT 16 YEARS STUDENT SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER H.B.REVANASIDDAPPA S/O LATE BASAPPA AGED ABOUT 50 YEARS R/O TUMBIGERE VILLAGE DAVANAGERE TALUK AND DISTRICT - 577 001. …APPELLANT (BY SRI. R SHASHIDHARA, ADVOCATE) AND: 1. SATHEESH S S/O SHIVAPPA AGE 34 YEARS OWNER CUM RIDER BIKE BEARING NO.KA-17/EE-1803 R/O THUMBIGERE VILLAGE, DAVANAGERE TALUK AND DISTRICT Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49155 MFA No. 87 of 2020 PIN - 577 001. 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD, DIVISIONAL OFFICE MELGIRI PLAZA, OPPOSITE DENTAL COLLEGE, MCC B BLOCK DAVNAGERE - 577 001. …RESPONDENTS (BY MS. KHUSHI, ADVOCATE FOR SRI. RAVISH BENNI, ADVOCATE FOR R2; VIDE ORDER DATED 15/12/2021 NOTICE TO R1 IS DISPENSED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.15.04.2019 PASSED IN MVC NO.34/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND M.A.C.T-IV, DAVANAGERE AND ETC., THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - HC-KAR NC: 2025:KHC:49155 MFA No. 87 of 2020 ORAL JUDGMENT 1. This appeal is filed by the claimant challenging the judgment and award dated 15.04.2019 in MVC No.34/2019 passed by the Principal Senior Civil Judge and MACT-IV at Davangere for seeking enhancement of compensation. 2. The parties are referred to as per their rankings before the Tribunal. 3. The brief facts of the case are that, on 15.03.2018 at about 09.00 p.m., the claimant while proceeding on two wheeler as pillion rider, met with an accident by involvement of the vehicle bearing registration No.KA-17-EE-1803. As a result, she sustained a fracture of neck of the right femur and other injuries. She was aged about 15 years at the time of the accident and studying in 10th Standard. She underwent surgery. She has suffered permanent - 4 - HC-KAR NC: 2025:KHC:49155 MFA No. 87 of 2020 disability. With these reasons, she prayed to award compensation of Rs.8,00,000/-. 4. The fact of the accident and injuries sustained by the claimant, her disability and age are not in dispute. There are no reasons to reconsider the same. 5. The learned counsel for the appellant submits that in the case of Hitesh Nagjibhai Patel vs. Bababhai Nagjibhai Rabari & another in Civil Appeal No.10278/2025, the Hon'ble Apex Court held that in the case of permanent disability or death of a minor victim, the compensation shall be calculated by taking the notional income of the victim on the basis of the Minimum Wages Act. He further contends that, in this case, the Tribunal relying on the judgment in the case of Master Mallikarjun v. Divisional Manager, The National Insurance Co. Ltd.1, assessed the compensation on account of loss 1 AIR 2014 Supreme Court 736 - 5 - HC-KAR NC: 2025:KHC:49155 MFA No. 87 of 2020 of future earning capacity due to permanent disability as Rs.1,00,000/- without calculating the same in accordance with the above said judgment. Therefore, he prays to recalculate the same. 6. He further contends that the amount of compensation awarded by the Tribunal is on the lower side. No amount of compensation is awarded towards marriage prospects, pain and suffering etc. Therefore, he prays to recalculate and award a just amount of compensation. 7. The learned counsel for respondent No.2 submits that the amount of compensation calculated is proper. The claimant was a minor and she was not doing any work. She had not examined the doctor who treated her to prove her disability. Therefore, the claimant is not entitled for any enhancement and prays for dismissal of the appeal. 8. Undisputedly, the claimant was a minor, aged about 15 years. According to school records, she was - 6 - HC-KAR NC: 2025:KHC:49155 MFA No. 87 of 2020 studying in the 10th Standard. In the case of Hitesh Nagjibhai Patel referred supra, the Hon'ble Apex Court has given a guidelines as to how the compensation shall be awarded in case of death or grievous injury sustained by a minor. Of course, the Tribunal has decided the matter prior to passing of the judgment in the case of Hitesh Nagjibhai Patel referred supra. The Tribunal has not assessed the compensation under the separate heads. It relied on the judgment of the Hon'ble Apex Court, in the case of Mallikarjun referred supra. 9. The claimant has sustained a fracture of the neck of the right femur. She underwent surgery and took treatment as an inpatient. They are all discussed in the impugned judgment. 10. The doctor examined as P.W.2 and in his evidence, P.W.2 has stated about the injuries as well as deformity of the petitioner and assessed the - 7 - HC-KAR NC: 2025:KHC:49155 MFA No. 87 of 2020 disability to the particular limb as 28% and to the whole body as 10%. 11. It is true that P.W.2 has not treated the petitioner. But on the basis of materials available on record, he assessed the disability of the claimant. His entire evidence cannot be brushed aside only on the ground that he has not treated the claimant. But his evidence has to be appreciated cautiously. Looking at the nature of injuries and difficulties stated by P.W.1 and P.W.2, the finding of the Tribunal that the claimant has suffered permanent disability of 10% to the whole body is reasonable and acceptable. 12. Notional income of the claimant has to be assessed. In the case of Hitesh (referred supra), notional income has to be calculated on the basis of minimum wages under Minimum Wages Act. The learned advocate for claimant submits that the notional monthly income fixed by the Karnataka State Legal Services Authority as per its chart may be considered - 8 - HC-KAR NC: 2025:KHC:49155 MFA No. 87 of 2020 to assess the income of victim same it is on par with Minimum Wages Act. Accordingly, notional income of minor is taken as Rs.12,500/- p.m. The multiplier applicable between age group of 15-18 is ‘18’. On that basis, compensation under the head ‘Loss of future earning capacity due to permanent disability’ is assessed. 13. For the aforesaid discussions, the claimant is entitled to the following amount of compensation: Pain and suffering 50,000.00 Medical expenses 43,500.00 Special diet, conveyance and attendance charges 25,000.00 Loss of future earning capacity due to permanent disability (Rs.12,500/- x 12 x 18 x 10%) 2,70,000.00 Loss of amenities 25,000.00 Loss of marriage prospects 25,000.00 Total 4,38,500.00 - 9 - HC-KAR NC: 2025:KHC:49155 MFA No. 87 of 2020 Less: Awarded amount 1,58,500.00 TOTAL 2,80,000.00 Hence, the claimant is entitled to interest at the rate of 6% per annum and the enhanced amount of compensation from the rate of claim petition till its realization. 14. Undisputedly, respondents are liable to pay the compensation. Accordingly, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The impugned judgment and award dated 15.04.2019 in MVC No.34/2019 passed by the Principal Senior Civil Judge and MACT-IV at Davangere is modified; iii) The claimant is entitled to enhanced compensation of Rs.2,80,000/- with interest at the rate of 6% per annum from the date of petition till its - 10 - HC-KAR NC: 2025:KHC:49155 MFA No. 87 of 2020 realization excluding the delayed period of 116 days in filing the appeal. iv) Respondent No.2 shall deposit the said amount within a period of six weeks from the date of award. v) Remaining portion of the award passed by the Tribunal is not disturbed. vi) Draw award accordingly. Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE UN List No.: 1 Sl No.: 34