- 1 - HC-KAR NC: 2026:KHC:26853 MFA No. 4182 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4182 OF 2021 (MV-I) BETWEEN: KUM. THRUPTI Y.D. D/O DEVARAJU AGED 11 YEARS SINCE MINOR REPRESENTED BY HIS FATHER SRI. DEVARAJU S/O LATE BYRAPPA R/AT YAREHALLI VILLGE KOOTAGAL HOBLI RAMANAGARA TALUK - 562 112. …APPELLANT (BY SRI. TEJAS N, ADVOCATE) AND: 1. SRI. SACHINKUMAR S/O KRISHNAPPA, MAJOR R/AT MATTANADODDI VILLGE AJJANAHALLI POST, MADABAL HOBLI MAGADI TALUK - 562 120. (OWENR OF MOTOR CYCLE BEARING REG. NO. KA 42-Q-8125) 2. THE MANGER UNITED INDIA INSURANCE CO. LTD., 1ST FLOOR, PVR COMPLEX OPP. LIC OFFICE, BEHIND KSRTC Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26853 MFA No. 4182 of 2021 RAMANGARA - 562 159 (POLICY NO. 072383/31/15/01/00000828 VALID FROM 20-05-2015 TO 19-05-2016) …RESPONDENTS (BY SMT. GEETHA RAJ, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.07.2020 PASSED IN MVC NO.615/2015 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 ADMISSION, 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.1,40,000/- 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: - 3 - HC-KAR NC: 2026:KHC:26853 MFA No. 4182 of 2021 Sl. No. Particulars Amount in (Rs.) 1. Towards Pain and Agony (Fracture of left femur bone) 30,000/- 2. Towards Medical expenses + Attendant Charges, Food and Nourishment 6,000/- 3. Towards Disablement (As per the case law rendered by Hon’ble Apex Court in the case of Master Mallikarjun Vs. Divisional Manager, the National Insurance Company Limited & another) 1,00,000/- 4. Towards Conveyance 4,000/- Total 1,40,000/- 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 6.2% to the whole body. 5. I have perused the evidence of the Doctor – P.W.2 and the disability certificate. The same depicts that the claimant has suffered fracture of left femur besides abrasions and hematoma at occipital region - 4 - HC-KAR NC: 2026:KHC:26853 MFA No. 4182 of 2021 6. The disability at 6.2% assessed by P.W.2-doctor who has treated the petitioner is found to be just and appropriate and it needs no modification. 7. The Tribunal has erred in not awarding any compensation under the head loss of future income. Since, the petitioner is the minor aged about 5 years, income of his parents needs to be considered. Hence, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2015, would be Rs.9,000/-. 8. As the claimant was aged 5 years, a multiplier of '15' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,00,440/- (Rs.9,000/-x12x15x6.2%) towards 'loss of future income'. 9. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.30,000/- awarded by the Tribunal. - 5 - HC-KAR NC: 2026:KHC:26853 MFA No. 4182 of 2021 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.20,000/- towards 'Medical Expenses’ as against Rs.6,000/- awarded by the Tribunal. 11. The Tribunal has not awarded any compensation under the head loss of amenities. Hence, it is just and appropriate to award Rs.25,000/- under the head loss of amenities. 12. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at Rs.5,000/- as against the sum of Rs.4,000/- awarded by the Tribunal. 13. 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. Towards Pain and Agony (Fracture of left femur bone) 30,000/- 50,000/- - 6 - HC-KAR NC: 2026:KHC:26853 MFA No. 4182 of 2021 2. Towards Medical Expenses and attendant charges and income during laid up period 6,000/- 20,000/- 3. Loss of future income - 1,00,440/- 4. Loss of amenities - 25,000/- 5. Towards Conveyance, food, nourishment 4,000/- 5,000/- Total 1,40,000/- 2,00,440/- 14. Thus, the claimant is held entitled to the total compensation of Rs.2,00,440/- as against Rs.1,40,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 15. 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 PB List No.: 1 Sl No.: 36