- 1 - HC-KAR NC: 2026:KHC:10721 MFA No. 5560 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5560 OF 2016 (MV-I) BETWEEN: 1. KUMARI BHARGHAVI D/O MANJUNATH V AGED ABOUT 11 YEARS, R/AT NO. 48, 7TH CROSS, 2ND STAGE, AKSHYANAGAR, RAMAMURTHYNAGAR, KOWDENAHALLI, DOORAVANINGAR POST, BENGALURU - 560 016. BEING MINOR REPRESENTED BY HER MOTHER SMT. SHOBHA AS NATURAL GUARDIAN …APPELLANT (BY SRI.K.RAGHU., ADVOCATE) AND: 1. RELIANCE GENERAL INSURANCE CO LTD., REGIONAL OFFICE, NO. 28, 5TH FLOOR, CENTENARY BUILDING, M.G.ROAD, BENGALURU - 560 001. 2. SRI MADHUSUDHAN S/O KRISHNMURTHY, NO. 64, 2ND CROSS, SHESHADRIPURAM, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10721 MFA No. 5560 of 2016 BENGALURU - 560 003. 3. SHRIRAM GENERAL INSURANCE CO LTD., E-8, EPIP, RIICO, INDUSTRIAL AREA, SITAPUR, JIPUR, RAJASTHAN - 302 022. 4. SRI SYED IMRAN M/S BABA TRANSPORT, NO. 101/102, 4TH CROSS, 1ST STAGE, BTM LAYOUT, BENGALURU - 560 029. …RESPONDENTS (BY SRI. LAKSHMINARAYAN C.,ADVOCATE FOR R1) (SRI.B.PRADEEP ADVOCATE FOR R3) (V/O DATED 15.03.2019, NOTICE TO R2 AND R4 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED31.03.2016 PASSED IN MVC NO.2489/15 ON THE FILE OF THE 12TH ADDITIONAL SMALL CAUSES JUDGE & MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed by the appellant/claimant challenging the judgment and award dated 31.03.2016 passed in MVC No.2489/2015, passed in common - 3 - HC-KAR NC: 2026:KHC:10721 MFA No. 5560 of 2016 judgement and award in MVC.No.2485/2015 to MVC.No.2494/2015 by the XII Additional Small Causes Judge and Member, MACT, Bengaluru (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of compensation. 3. The minor petitioner/appellant aged 10 years met with an accident on 14.04.2015 and her mother representing her as a natural guardian filed a claim petition claiming compensation Rs.10,00,000/-. Tribunal considering the entire evidence on record granted an amount of Rs.7,56,508/- with interest at the rate of 6% per annum from date of petition till realisation. 4. Aggrieved by the said award, preferred an appeal and mainly contended that the tribunal granted meager amounts under the other heads and thus requested for enhancement of the compensation. It is case of injury, petitioner/appellant sustained the following injuries: - 4 - HC-KAR NC: 2026:KHC:10721 MFA No. 5560 of 2016 1. Right proximal femur shaft. 2. Fracture-oblique left distal femur (supra condylar) 3. Epiphysel injury. 4. Left proximal tibia undisplaced fracture. 5. CLW present over chin and lower lip. 6. Tenderness over mandible 7. Swelling tenderness over proximal part of right thigh. 8. Swelling tenderness over proximal part of left thigh. and all injuries are grievous in nature. 5. She was hospitalised for a period of 7 days. She examined the doctor as PW9 and he stated that she sustained following injuries: 1. Fracture shaft right proximal femur, oblique, left distal femur, supracondylar fracture epiphyseal injury. 2. Left proximal tibia fracture and she had cerebral plasy. 6. She under went open reduction and internal fixation in respect of fracture of shaft femur with a 9 holed plate, She also underwent a operation in respect of left supracondylar fracture of femur with closed reduction and - 5 - HC-KAR NC: 2026:KHC:10721 MFA No. 5560 of 2016 K-wiring. Left proximal tibial fractures were immobilized in a knee POP cast and found that the right femur proximal shaft fracture internally fixed with a plate and 8 screws with fracture united and implants in situ. There is a malunion of the fracture of the left supracondylar area with aprocurvatum deformity leading to slight FFD of the knee joint and x-ray of the left leg shows a cross recurvatum deformity of the proximal tibia due to malunion of the fracture and sustained shortening of the left lower limb and sustained disability of 30% to 40% for each segment of femur and about 60% for tibia in anyone else as it is difficult to assess. So, 35% for right femur and 95% for left femur and tibia put together. She sustained total permanent disability 35% for her right lower limb and 95% for her left lower limb. She was advised for surgeries of deformity corrections of her left tibia with ilizarov external fixation by osteotomy of the tibia. 7. It is also stated that she was aged about 10 years and there is a chance of improvement in the future. - 6 - HC-KAR NC: 2026:KHC:10721 MFA No. 5560 of 2016 The tribunal has taken the 35% disability and relied upon the notional income and assessed the disability. Learned counsel for the appellant submits to take her income as per the chart prepared by the Karnataka State Legal Services Authority. As she met with an accident in the year 2015, her notional income is to be taken as Rs.9,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. 8. Learned counsel for the appellant relied upon the judgement of Hon'ble Apex Court in the case of Hitesh Nagjibhai Patel V/s Bababhai Nagjibhai Rabari and another and requested this Court to apply the multiplier as '18'. But this Court finds it reasonable to take the multiplier as '15' as per the judgment of Hon'ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 Supreme Court Cases 680 and Sarla Verma (Smt) and others vs. Delhi Transport - 7 - HC-KAR NC: 2026:KHC:10721 MFA No. 5560 of 2016 Corporation and another reported in (2009) 6 Supreme Court Cases 121. Therefore, the loss of future earning capacity comes to Rs.9,000/- X 12 X 15 X 35% = Rs.5,67,000/- 9. She incurred Rs.1,48,508/- towards medical expenses as per the medical bills and the said amount granted by the tribunal is confirmed. Considering the age of the petitioner and nature of injuries sustained, tribunal granted Rs.1,00,000/- towards pain and sufferings, Rs.50,000/- towards loss of amenities and it is confirmed. Rs.50,000/- is granted towards transportation, extra nourishment and attending charges. Tribunal granted Rs.28,000/- for the inconvenience caused to the parents and the said amount is also confirmed. and the doctor assessed future disability upto Rs.2,00,000/- to Rs,3.00,000/-. This Court finds it reasonable to grant an amount of Rs.1,00,000/- towards future medical expenses - 8 - HC-KAR NC: 2026:KHC:10721 MFA No. 5560 of 2016 and Rs.3,00,000/- towards loss of future prospects of marriage. 10. The total compensation comes to Rs.5,67,000/- + +Rs.1,48,508/- + Rs.1,00,000/-+ Rs.50,000 + Rs.50,000/- + Rs.28,000/- + Rs.1,00,000/- + Rs.3,00,000/- = Rs.13,43,508/-. 11. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Loss of future earning capacity 5,67,000.00 2. Medical expenses 1,48,508.00 3. Pain and sufferings 1,00,000.00 4. Loss of amenities 50,000.00 5. Transportation, extra nourishment and attending charges. 50,000.00 6. Inconvenience caused to the parents during the laid up 28,000.00 - 9 - HC-KAR NC: 2026:KHC:10721 MFA No. 5560 of 2016 period 7. Future medical expenses 1,00,000.00 8. loss of future prospects of marriage 3,00,000.00 TOTAL 13,43,508/- 12. The Tribunal has awarded the compensation of Rs.7,56,508/- but the appellant/claimant is entitled to total compensation of Rs.13,43,508/-. Compensation is enhanced from Rs.7,56,508/- to Rs.13,43,508/-. 13. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C. No.2489/2015 dated 31.03.2016 passed in MVC No.2489/2015, passed in common judgement and award in MVC.No.2485/2015 to MVC.No.2494/2015 by the XII Additional Small Causes Judge and Member, MACT, Bengaluru is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.*5,87,000/- along *Corrected vide Court order dt. 10.03.2026 - 10 - HC-KAR NC: 2026:KHC:10721 MFA No. 5560 of 2016 with interest @ 6% p.a. iii. As there is contributory negligence between the both the vehicles, tribunal fixed the liability on Reliance General Insurance Company/Respondent No.1 as *60% and that of Shriram General Insurance Co. Ltd.,/Respondent No.3 as *40%. Insurance companies already deposited the award amount before the tribunal. They are directed to deposit the balance compensation amount as per the ratio fixed upon by them with interest within 1 month from the date of this order. iv. On such deposit, mother of the petitioner is permitted to withdraw the entire amount along with interest accrued on it. v. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE RCK List No.: 1 Sl No.: 84 *Corrected vide Court order dt. 10.03.2026