- 1 - HC-KAR NC: 2026:KHC:26636 MFA No. 5388 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5388 OF 2022(MV-I) BETWEEN: KUMARI VIJAYALAKSHMI D/O CHIKKA VENKATA AGED ABOUT 17 YEARS SINCE SHE IS MINOR R/BY THE NATURAL GUARDIAN AND FATHER I.E., CHIKKAVENKATA S/O LATE RAMASWAMY AGED ABOUT 43 YEARS R/AT: V ADDARADODDI VILLAGE KYLANCHA HOBLI RAMANAGARA TALUK & DIST-562 117 …APPELLANT (BY SRI. PRAKASH M.H, ADVOCATE) AND: 1. ICICI LOMBARD GEN. INS.LTD. NO.89, 2ND FLOOR, SBR COMPLEX HOSUR ROAD, BENGALURU-68 REP BY ITS MANAGER 2. SRI UMESH S/O VENKATASWAMY AGED ABOUT 25 YEARS R/AT SHIVANAHALLI VILLAGE BANNIKUPPE POST, KYLANCHA HOBLI Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26636 MFA No. 5388 of 2022 RAMANAGARA TALUK & DIST-562 117 …RESPONDENTS (BY SRI. B.C SHIVANNE GOWDA, ADVOCATE FOR R1, VIDE ORDER DATED 02/01/2024, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.07.2021 PASSED IN MVC NO.462/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT, RAMANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.2,25,000/- awarded by the Tribunal, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 50,000 - 3 - HC-KAR NC: 2026:KHC:26636 MFA No. 5388 of 2022 2. Medical Expenses which includes attendant charges, food and Nourishment (42,931 + as above) 50,000 3. Conveyance charges 15,000 4. Towards sustaining of disability as per cited case law 1,00,000 5. Towards future unhappiness as petitioner is a female child 10,000 Total 2,25,000 4. I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate. The same depicts that the claimant has suffered injury to her head, left leg and abdomen portion. 5. Since the Doctor has assessed the disability to the whole body at 17.37%, it would be just and appropriate to assess the disability at 10%. Accordingly, the disability suffered by the claimant would be at 10% 6. The Tribunal has not granted compensation under the head 'loss of future income', since the claimant was aged about 12 years minor at the time of incident. However, as the claimant has suffered disability at 10%, as per the judgment of - 4 - HC-KAR NC: 2026:KHC:26636 MFA No. 5388 of 2022 Division Bench of this Court in Master Mallikarjun Vs. Divisonal Manager, The National Insurance Co., reported in ILR 2013 KAR 4891, the Tribunal has awarded a sum of Rs.1,00,000/- as compensation towards disability. The said finding of the Tribunal has to interfered with in view of the subsequent judgment of the Hon'ble Apex Court in the case of Hitesh Nagjibhai Patel vs. Bababhai Nagjibhai Rabari and Another in Civil Appeal No.10278/2025, wherein it is held that the calculation of loss of income nessassarily has to be made in a case involving a child having suffered injury or having passed away. Consequently, the claimant would be entitled to a sum of Rs.2,37,600/- (11,000 x 12 x 18 x 10%) towards 'loss of future income' as against Rs.1,00,000/-. 7. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.33,000/- towards 'loss of income during the laid up period' 8. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards loss of amenities, as against the sum of Rs.10,000/- awarded by the Tribunal. - 5 - HC-KAR NC: 2026:KHC:26636 MFA No. 5388 of 2022 9. The sums awarded as medical expenses at Rs.50,000/-, being based on documentary evidence, do not call for modification and hence confirmed. 10. The sums awarded under other heads of compensation by the Tribunal, remain unaltered. 11. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 50,000 50,000 2. Medical Expenses which includes attendant charges, food and Nourishment (42,931 + as above) 50,000 50,000 3. Conveyance charges 15,000 15,000 4. Towards sustaining of disability as per cited case law Loss of future income 1,00,000 - - 2,37,600 - 6 - HC-KAR NC: 2026:KHC:26636 MFA No. 5388 of 2022 5. Towards future unhappiness/amenities 10,000 40,000 6. Loss income during laid up period ---- 33,000 Total 2,25,000 4,25,600 12. Thus, the claimant is held entitled to the total compensation of Rs.4,25,600/- as against Rs.2,25,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 13. The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 48