- 1 - HC-KAR NC: 2025:KHC:32833 MFA No. 2116 of 2023 C/W MFA No. 311 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2116 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 311 OF 2023 (MV-I) IN MFA No. 2116/2023 BETWEEN: MR.PRAVEEN KUMAR AGED ABOUT 53 YEARS S/O MR.BANGERE R/AT KASTURI HOME PRODUCT SHED, ROOM NO 2, PLOT NO.31(B)/102-A2 BAIKAMPADY INDUSTRIAL AREA, MANGALURU -575 007 …APPELLANT (BY SRI. ANANDARAMA K., ADVOCATE) AND: 1. ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD., AURA THE PALACE COMPLEX 3RD FLOOR, KULUR FERRY ROAD CHILIMBI, URWA, MANGALURU- 575 006 2. BABA KISMA H.MARIYAM D/O HYDER ALI AGED ABOUT 07 YEARS (MINOR) REPRESENTED BY HER NEXT FRIEND AND NATURAL GUARDIAN MOTHER SMT.KHURSHIDA AGED ABOUT 32 YEARS R/AT DOOR NO.10-05-166 KAANCHALI HOUSE KASAAIGLLI, BUNDER, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32833 MFA No. 2116 of 2023 C/W MFA No. 311 of 2023 MANGALURU, D.K.-575 001 …RESPONDENTS (BY SRI. RAVISHANKAR C.R., ADVOCATE FOR R1 SRI.JEEVAN K., ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.08.2022 PASSED IN MVC NO.1300/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, MANGALURU D.K., AWARDING COMPENSATION OF RS.7,00,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. IN MFA NO. 311/2023 BETWEEN: BABY KISMA H.MARIYAM D/O HYDER ALI AGED ABOUT 8 YEARS (MINOR) REPRESENTED BY HER NEXT FRIEND AND NATURAL GUARDIAN MOTHER SMT.KHURSHIDA AGED 33 YEARS, R/AT NO.10-05-166 KAANCHALLI HOUSE, KASAAIGLLI BUNDER MANGALURU, D.K.-575 001 ...APPELLANT (BY SRI. JEEVAN K., ADVOCATE) AND: 1. MR. PRAVEEN KUMAR S/O MR. BANAGERA AGED MAJOR R/AT KASTURI HOME PRODUCT SHED ROOM NO.02, PLOT NO.31(B)/102-A2 BAIKAMPADY INDUSTRIAL AREA MANGALORE-575 007 2. ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD., AURA THE PALACE COMPLEX 3RD FLOOR, KULUR FEERY ROAD CHILIMBI URWA MANGALURU-575 006 ...RESPONDENTS (BY SRI. ANANDARAMA K., ADVOCATE FOR R1 SRI.C.R.RAVISHANKAR, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC:32833 MFA No. 2116 of 2023 C/W MFA No. 311 of 2023 THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 26.08.2022 PASSED IN MVC NO.1300/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT, MANGALURU, D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in MVC.No.1300/2019 dated 26.08.2022 by the I Additional Senior Civil Judge and CJM & Member, MACT, Mangaluru, D.K., whereby the Tribunal had fixed liability on the owner of the vehicle, the owner of the vehicle is before this Court by filing MFA.No.2116/2023. The claimant had filed MFA.No.311/2023 seeking enhancement of the compensation. 2. The facts of the case are that on 05.01.2019 at 5:45 p.m. near Ganesh Trading, Bunder, Mangaluru City, the minor claimant along with her uncle was waiting by the extreme side of the road to cross, at that time the driver of Ashok Leyland - 4 - HC-KAR NC: 2025:KHC:32833 MFA No. 2116 of 2023 C/W MFA No. 311 of 2023 DOSTH Mini Lorry came in a rash and negligent manner and flew over the right foot of the minor claimant, due to which the minor claimant sustained injuries. IN MFA.NO.2116/2023 3. Learned counsel appearing for the appellant/owner of the vehicle submits that a person who is having license to drive LMV is also authorized to drive the transport vehicle of LMV class. Learned counsel had relied on the judgment of the Hon'ble Apex Court in case of Mukund Dewangan Vs. Oriental Insurance Company Ltd1. The same was not considered by the Tribunal on the ground that Mukund Dewangan's case is to be revisited and the same is pending consideration before larger bench. It is submitted that now the law is settled. In the light of the law laid in Mukund Dewangan's case referred supra, the Insurance Company is liable to pay the compensation. 4. Learned counsel appearing for respondent No.1/ Insurance Company do not dispute the fact that the judgment 1 (2017) 14 SCC 663 - 5 - HC-KAR NC: 2025:KHC:32833 MFA No. 2116 of 2023 C/W MFA No. 311 of 2023 of the Hon'ble Apex Court in Mukund Dewangan's case referred supra applies to the facts of this case. However, it is submitted that the owner has not contested and he has come before this Court with a delay of 107 days. 5. Accordingly, MFA.No.2116/2023 is partly allowed and respondent No.1/Insurance Company is liable to pay the compensation, for the period of 107 days, the owner is liable to pay the interest. IN MFA.NO.311/2023 6. The claim petition was filed under Section 166 of the Motor Vehicles Act seeking compensation of an amount of Rs.12,00,000/- with interest at the rate of 9% per annum for the injuries sustained by the minor claimant in the motor vehicle accident. 7. The Tribunal had granted compensation of an amount of Rs.6,99,660/- and rounded off as Rs.7,00,000/- as per the table given below: - 6 - HC-KAR NC: 2025:KHC:32833 MFA No. 2116 of 2023 C/W MFA No. 311 of 2023 SL. No. Heads Compensation Awarded 1. Pain and Sufferings : Rs. 30,000/- 2. Medical Expenses : Rs. 2,59,660/- 3. Future Medical Expenses : Rs. 60,000/- 4. Conveyance, Nourishing food and attendant charges : Rs. 20,000/- 5. Loss of income of the minor petitioner's parents : Rs. 10,000/- 6. Loss of Amenities : Rs. 10,000/- 7. Permanent Disability : Rs. 3,00,000/- 8. Marriage Prospects : Rs. 10,000/- TOTAL : Rs. 6,99,660/- 8. Learned counsel appearing for the appellant/claimant submits that the Tribunal had not granted just and reasonable compensation. 9. Learned counsel appearing for the Insurance Company as well as the owner of the vehicle submits that in the light of the law laid down by the Hon'ble Apex Court in Master Mallikarjun Vs. Divisional Manager National Insurance Co.Ltd.2, the compensation that is granted by the Tribunal is 2 (2014) 14 SCC 396 - 7 - HC-KAR NC: 2025:KHC:32833 MFA No. 2116 of 2023 C/W MFA No. 311 of 2023 on the higher side and the claimant is not entitled for any enhancement. 10. Having heard the learned counsels on either side, perused the entire material on record. This is a case where a minor got injured, who is aged about 5 years. In that case, the law laid by the Hon'ble Apex Court in Master Malikarjun’s case applies to this case and under all the heads, the amount that is granted by the Tribunal is on the higher side and this Court is not inclined to enhance the compensation and no grounds are made out for enhancement of the compensation. 11. Accordingly, MFA.No.311/2023 filed by the claimant is dismissed. 12. MFA.No.2116/2023 filed by the owner of the vehicle is partly allowed. The Insurance Company is liable to pay the compensation. i. The interest is reduced from 9% per annum to 6% per annum. ii. The owner of the vehicle is at liberty to withdraw the amount in deposit. - 8 - HC-KAR NC: 2025:KHC:32833 MFA No. 2116 of 2023 C/W MFA No. 311 of 2023 iii. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv. On 21.08.2025, the delay of 107 days in filing MFA.No.2116/2023 is condoned by this Court, on the condition that the owner of the vehicle is liable to pay the interest for the said period. Hence, Insurance Company is not liable to pay the interest for the said period. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 12