- 1 - HC-KAR NC: 2025:KHC-D:8862 MFA No. 102795 of 2015 C/W MFA No. 102142 of 2016 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 102795 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 102142 OF 2016 IN MFA NO. 102795 OF 2015: BETWEEN: THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD., TONTADARYA VIDYAPEETH BUILDING, ROTARY CIRCLE, GADAG-582 101, BY ITS DIVISIONAL MANAGER. … APPELLANT (BY SRI SHARNAPPA S. KOLIWAD, ADVOCATE.) AND: 1. RAKSHITA D/O. NARAYAN GANJI, AGE: 09 YEARS, OCC: STUDENT, SINCE MINOR, REP BY M/G NATURAL FATHER NARAYAN S/O MAHADEVAPPA GANJI, AGE: 44 YEARS, OCC: WEAVER, R/O: GADAG, NOW AT RON, DIST: AND TQ: GADAG. 2. SOMASHEKHAR S/O LAXMAN DAHINDE, AGE: 31 YEARS, OCC: BUSINESS, R/O: H.NO.6727/C, VAKIL CHAWL, GADAG, (OWNER OF THE TOM TOM AUTO RICKSHAW BEARING NO.KA-26/A-2219). … RESPONDENTS (BY SRI G.S. HULMANI, ADVOCATE FOR R1; SRI CHANDRASHEKHAR M. HOSAMANI, ADVOCATE FOR R2.) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8862 MFA No. 102795 of 2015 C/W MFA No. 102142 of 2016 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 01.07.2015, PASSED IN MVC NO.37/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RON AND ETC.,. IN MFA NO. 102142 OF 2016: BETWEEN: RAKSHITA D/O NARAYAN GANJI, AGE: 10 YEARS, OCC: STUDENT, SINCE MINOR R/BY M/G FATHER SRI. NARAYAN S/O MAHADEVAPPA GANJI, AGE: 44 YEARS, OCC: WEAVER, R/O: GADAG, NOW AT RON, TQ: RON, DIST: GADAG. … APPELLANT (BY SRI G.S.HULMANI, ADVOCATE.) AND: 1. SOMASHEKHAR S/O LAXMAN DAHINDE, AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.6727/C, VAKIL CHAWL, GADAG. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD., TONTADARYA VIDYAPEETH BUILDING, ROTARY CIRCLE, GADAG-582 101. … RESPONDENTS (BY SRI S.S.KOLIWAD, ADVOCATE FOR R2; R1 – SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 01.07.2015, PASSED IN MVC NO.37/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RON, BY ENHANCING THE COMPENSATION AS PRAYED AND ETC.,. - 3 - HC-KAR NC: 2025:KHC-D:8862 MFA No. 102795 of 2015 C/W MFA No. 102142 of 2016 THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) The appeal in MFA No.102795/2015 is filed by the insurance company challenging the judgment and award dated 01.07.2015, passed by the Senior Civil Judge and Additional MACT, Ron, in MVC No.37/2014, seeking reduction of compensation, whereas, MFA No.102142/2016 is filed by the claimant seeking enhancement of compensation awarded by the tribunal. 2. Heard the arguments and perused the material placed before the Court. 3. In this case, occurrence of accident, injuries sustained by the claimant in a road traffic accident and coverage of insurance are not in dispute. 4. For the injuries sustained by the claimant in a road traffic accident, who was 07 years old at the time of - 4 - HC-KAR NC: 2025:KHC-D:8862 MFA No. 102795 of 2015 C/W MFA No. 102142 of 2016 accident, upon the claim petition filed, the tribunal has awarded compensation as under. Sl. No. Heads. Amount in (Rs.) 1. Medical bills. 3,60,711 2. Disability 4,00,000 3. Pain and suffering. 1,00,000 4. Loss of amenities. 1,00,000 5. Loss of marriage life. 50,000 6. Medical attendant charges, nourishment. 1,00,000 7. Transportation 30,000 8. Future medical expenses. 50,000 Total: 11,90,711 5. In this case the claimant has suffered the following injuries. i) Traumatic brain injury (Left basal ganglia intracerebrant haemorrhage. Haemorrhagic contusion seen at left temporal and basin frontal region. Mild subarachnoid haemorrhage seen along the tentorium cerebelli. Cerebral odema+). ii) Left tibial #. 6. In this case, the doctor has assessed permanent physical disability at 60%. As per the decision - 5 - HC-KAR NC: 2025:KHC-D:8862 MFA No. 102795 of 2015 C/W MFA No. 102142 of 2016 of 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, the tribunal has awarded compensation of Rs.4,00,000/- under the head permanent physical disability and also awarded compensation under other heads. Though the compensation is found to be adequate and by following the decisions of the Hon’ble Supreme Court and considering that the claimant was 07 years old girl, but compensation awarded under the head loss of marriage prospects in life and future medical expenses are found to be on lesser side, therefore, additional compensation of Rs.1,00,000/- is awarded along with interest at the rate of 6% p.a. from the date of petition till realization, in addition to what has been awarded by the tribunal. 7. To this extent the appeal filed by the claimant is liable to be allowed in part. Consequently the appeal filed - 6 - HC-KAR NC: 2025:KHC-D:8862 MFA No. 102795 of 2015 C/W MFA No. 102142 of 2016 by the insurance company is liable to be dismissed. In the result, I proceed to pass the following: ORDER i) The appeal filed by the insurance company in MFA No.102795/2015 is dismissed. ii) The appeal filed by the claimant in MFA No.102142/2016 is allowed in part. iii) The judgment and award dated 01.07.2015, passed by the Senior Civil Judge and Additional MACT, Ron, in MVC No.37/2014, is modified. iv) The claimant is entitled for additional enhanced compensation of Rs.1,00,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization, in addition to the compensation awarded by the tribunal. - 7 - HC-KAR NC: 2025:KHC-D:8862 MFA No. 102795 of 2015 C/W MFA No. 102142 of 2016 v) The claimant is not entitled for interest for the delayed period of 276 days in filing the appeal. vi) The insurance company shall pay the compensation within a period of eight weeks from the date of receipt of a copy of this judgment. vii) Send a copy of this judgment and award to the concerned tribunal. viii) Pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. ix) No order as to costs. x) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 42