- 1 - HC-KAR NC: 2025:KHC:51240 MFA No. 6205 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 6205 OF 2021 (MV-I) BETWEEN: SAHANA JAISHRI, D/O LAKSHMAN, AGED ABOUT 17 YEARS, R/AT KRISHNAVENI MARRIAGE MAHAL APARTMENT, 1ST FLOOR, DABEER EAST, KUMBAKONAM, TAMILNADU-612 001. THE PETITIONER BEING MINOR REPRESENTED BY HER MOTHER SUMATHI VENKATARAMAN AND NATURAL GUARDIAN. …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. TATA AIG GENERAL INSU., CO., LTD., NO.89, 2ND FLOOR, JP AND DEVI JUMBUKESHWAR ARCADE, MILLERS ROAD, BANGALORE-01. BY ITS MANAGER. 2. SUJATHA S.SHETTY, W/O SANJEEV SETTY, R/AT NO.107, 3RD MAIN 9TH CROSS, BRUNDAVANA NAGAR, MATHIKERE, Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51240 MFA No. 6205 of 2021 BENGALURU-560 054. …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R1, VIDE ORDER DATED 19/04/2023, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.06.2020 PASSED IN MVC NO. 2963/2018 ON THE FILE OF THE MEMBER, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant challenging the judgment and award dated 12.06.2020 passed by the Member, Principal Motor Accident Claims Tribunal at Bengaluru (for short `Tribunal'), in MVC No.2963/2018 seeking enhancement of compensation. 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. - 3 - HC-KAR NC: 2025:KHC:51240 MFA No. 6205 of 2021 3. The brief facts of the case are that, on 01.03.2018 at about 8.45 a.m, the claimant while crossing the road near St.Lourdes English School, Mathikere, Bengaluru met with an accident due to rash and negligent driving of Tata Goods Vehicle bearing registration No.KA- 04-C-9128. As a result the claimant sustained injuries and suffered permanent disability. He has spent substantial amount towards medical expenses. With these reasons, the claimant has prayed for awarding of compensation. 4. The respondent No.1 was the insurer and respondent No.2 was the owner of the offending motorcycle. Respondent No.1 filed its written statement denying the petition averments and also denied its liability to pay the compensation. With these reasons, it prayed to dismiss the claim petition. 5. From the rival contentions of the parties, the Tribunal framed necessary issues. - 4 - HC-KAR NC: 2025:KHC:51240 MFA No. 6205 of 2021 6. The guardian of the minor petitioner examined herself as PW-1 examined two witnesses as PW-2 and 3 and in all 17 documents were marked as per Exs.P-1 to P- 17. Respondents have not lead any oral or documentary evidence. 7. The Tribunal after hearing both parties and appreciating the evidence on record, by the impugned judgment, awarded the following amount of compensation: Particulars Amount in Rs. Pain and sufferings 30,000 Loss of future income due to permanent disability 1,00,000 Medical expenses 1,30,619 Loss of earnings to parents 25,000 Future medical expenses 25,000 Total 3,10,619 Rounded off 3,11,000 Being aggrieved by the said award passed by the Tribunal, the claimant has filed the present appeal seeking enhancement of compensation. 8. Heard the arguments of the learned counsel appearing for the claimant as well as the insurer. - 5 - HC-KAR NC: 2025:KHC:51240 MFA No. 6205 of 2021 9. Learned counsel for the appellant/claimant contended that the compensation awarded by the Tribunal is inadequate; The Tribunal has not considered the income of the claimant properly and the disability assessed is also on the lower side; The compensation awarded under other heads are also on the lower side. Hence, prayed for enhancement of the compensation. 10. Learned counsel for respondent No.1-insurer submitted that the Tribunal has properly considered the case of the claimant and has awarded a just and reasonable compensation, which does not call for any interference by this Court and prayed for dismissal of the appeal. 11. Fact of the accident, nature of the injuries sustained by the claimant and the claimant was aged about 11 years are not seriously disputed. Hence, there is no need to reconsider the same. - 6 - HC-KAR NC: 2025:KHC:51240 MFA No. 6205 of 2021 12. The contention of learned counsel for the appellant is that the amount of compensation awarded by the Tribunal is on the lower side. PW-2 in his evidence has stated that the claimant has suffered disability to an extent of 12% to the whole body but the Tribunal has considered disability as 8%, which is on the lower side and without any justifiable reason. It is further contended that as per the judgment held by Hon'ble Apex Court in the case of HEMRAJ VS. ORIENTAL INSURANCE CO. LTD1, it was stated that income of the minor while assessing compensation has to be assessed as per minimum wages Act. He further contends that even if Minimum Wages is not applied, then atleast on the basis of the notional income chart prepared by Karnataka State Legal Services Authority, the compensation may be recalculated. He further contends that no amount of compensation is awarded under the head 'loss of amenities'. He also contended that the girl was aged about 11 years at the 1 2018 ACJ 5 - 7 - HC-KAR NC: 2025:KHC:51240 MFA No. 6205 of 2021 time of the accident. Moreover the ugly scar on the right foot would seriously affect her marriage prospects. The claimant has produced the photographs of the said girl as well the injured part of the body, which indicates that she has sustained scar on the right foot and left thigh. Considering these facts, the compensation awarded may be enhanced. 13. Learned counsel for the insurer seriously opposes the said contention and submits that law laid down in the case of Hemraj (referred supra) is not applicable to the facts and circumstances of the present case. The Tribunal rightly relied on the law laid down in the case of Master Mallikarjun Vs. Divisional Manager, the National Insurance Company Limited2 and awarded just amount of compensation. With these reasons, prayed to dismiss the appeal. 2 AIR 2014 SC 736 - 8 - HC-KAR NC: 2025:KHC:51240 MFA No. 6205 of 2021 14. Looking at the materials placed on record, the claimant had sustained grievous injuries to the right foot. The evidence of PW-1 and PW-2 reveals that she had sustained fractures and there are deglowing injuries. It appears that skin was removed from the thigh and grafted to the right foot. Looking at the photo of the said girl, both thigh as well as right foot have ugly scars. Certainly it will affect her marriage prospects. In the Hemraj (referred supra), in paragraph Nos.8 and 9 the Hon'ble Supreme Court, observed that in case of injury or death of the minor, the notional income has to be calculated on the basis of the Minimum Wages Act. The Karnataka State Legal Services Authority, considering various datas and notifications issued under the Minimum Wages Act, prepared chart of notional income. The accident occurred during the year 2018. Therefore, according to the said chart, the notional income of the victim is assessed as Rs,12,500/- per month. - 9 - HC-KAR NC: 2025:KHC:51240 MFA No. 6205 of 2021 15. PW-2 in his evidence has stated that claimant has suffered permanent disability of 10% to the whole body. Looking at the nature of the injuries, age of the victim, the disability of the claimant is taken as 10% instead of 8% as assessed by the Tribunal. The multiplier applicable in this case is '18'. Since, the claimant was aged below 18 years. On the basis of the above said reasons, the compensation is recalculated. 16. For the aforesaid discussions, the claimant is entitled to following amount of compensation : Particulars Amount in Rs. Pain and suffering 50,000 Medical expenses 1,30,619 Attendant expenses, special diet and conveyance charges 25,000 Loss of future marriage prospects 50,000 Future medical expenses 30,000 Loss of income due to permanent disability (Rs.12,500x12 x 18 x 10%) 2,70,000 Loss of amenities 25,000 Loss of earnings of the parents 25,000 Total 6,05,619 Amount awarded by the Tribunal Enhancement- Rounded off - 3,11,000 2,94,619 2,95,000 - 10 - HC-KAR NC: 2025:KHC:51240 MFA No. 6205 of 2021 The claimant is also entitled to interest at the rate of 6% p.a. from the date of petition till the date of realisation. 17. Undisputedly, respondents are jointly and severally liable to pay the said amount of compensation. 18. In the result, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 12.06.2020 passed by the Member, Principal Motor Accident Claims Tribunal at Bengaluru (for short `Tribunal'), in MVC No.2963/2018 stands modified; iii) The claimant is entitled to enhanced compensation of Rs.2,95,000/- with interest at the rate of 6% p.a., from the date of petition till its realization. (future medical expenses of Rs.5,000/-does not carry interest). - 11 - HC-KAR NC: 2025:KHC:51240 MFA No. 6205 of 2021 iv) The respondent - Insurance Company shall deposit the amount within a period of six weeks from the date of award. v) The remaining portion of the award of the Tribunal shall remain unaltered. 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 AG List No.: 1 Sl No.: 30