- 1 - NC: 2025:KHC-D:1842 MFA No. 101310 of 2021 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101310 OF 2021 (MV-I) BETWEEN: KUMARI MEENAZ KHAN D/O. MOHAMMED PRAVEZ PATHAN, AGE. 07 YEARS, OCC. STUDENT, R/O. ASHOK NAGAR, BELAGAVI, TQ. AND DIST. BELAGAVI, PIN-591102. SINCE MINOR R/BY HIS M/G NATURAL FATHER MOHAMMED PRAVEZ S/O. NAWAZ KHAN PATHAN, AGE. 38 YEARS, OCC. COLLIE, R/O. ASHOK NAGAR, BELAGAVI. PIN-590001, TQ. AND DIST. BELAGAVI. …APPELLANT (BY SRI HANAMANT R. LATUR, ADVOCATE.) AND: 1. THE PRINCIPAL, KRCES ENGLISH MEDIUM SCHOOL, R/O. HOSUR ROAD, BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI-591102. 2. THE MANAGER, TATA AIG GENERAL INSURANCE CO. LTD., SHREE KRISHNA TOWER, 14 KHANAPUR ROAD, 1ST FLOOR, TILAKWADI, BELAGAVI-590006, TQ. AND DIST. BELAGAVI. …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:1842 MFA No. 101310 of 2021 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED BY SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, IN MVC NO.67/2018 DATED 28.06.2021, 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 28.06.2021, passed by the Senior Civil Judge and Addl. MACT, Bailhongal, in MVC No.67/2018, 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:1842 MFA No. 101310 of 2021 “Crush injuries to right foot, bleeding and crush to tissues, bursting of soft tissues, shear, degloving of tissue and open fracture and other injuries to all over the body.” 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 50,000 2. Medical expenses. 29,545 3. Attendant and conveyance charges. 1,500 4. Loss of future amenities. 1,00,000 5. Future medical expenses. 30,000 Total: 2,11,045 6. In this case, a minor girl aged 4 years old having sustained fracture and other grievous injuries to the whole body, in a road traffic accident occurred on 21.12.2017, had sustained 30% of permanent physical disability to the right lower limb, as per assessment made by the doctor. The tribunal by considering only 10% of disability, has awarded compensation of Rs.2,11,045/- along with interest at the rate of 9% p.a. from the date of petition till the date of realization. - 4 - NC: 2025:KHC-D:1842 MFA No. 101310 of 2021 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 girl of aged 4 years old, sustained grievous injuries and fracture above stated, the tribunal has held 10% of permanent physical disability which is lesser side. Considering the fracture and injuries sustained 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 15% of permanent physical disability. Accordingly it is considered. Therefore, by following the decision in Master - 5 - NC: 2025:KHC-D:1842 MFA No. 101310 of 2021 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. 29,545 4. Future medical expenses for correction of the mal union of fracture and incidental expenses for such treatment. 25,000 Total: 3,79,545 10. Therefore, the claimant is entitled for total compensation of Rs.3,79,545/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,11,045/- awarded by the Tribunal. - 6 - NC: 2025:KHC-D:1842 MFA No. 101310 of 2021 11. This Court is consistently awarding interest on the compensation amount at the rate of 6% p.a. Therefore, in this case the rate of interest awarded by the tribunal at 9% p.a. is scaled down to 6% p.a. Hence, the claimant is entitled for interest on the compensation amount at the rate of 6% p.a. only. The Insurance Company is directed to deposit the compensation along with interest within eight weeks from the date of receipt of a certified copy of this judgment. 12. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 28.06.2021, passed by the Senior Civil Judge and Addl. MACT, Bailhongal, in MVC No.67/2018, is modified. iii) The claimant is entitled for total compensation of Rs.3,79,545/- along with interest - 7 - NC: 2025:KHC-D:1842 MFA No. 101310 of 2021 at the rate of 6% p.a. from the date of petition till its realization, as against Rs.2,11,045/- 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. v) Send a copy of this judgment and award to the trial Court. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 43