- 1 - HC-KAR CNR: KAHC010272332021 NC: 2026:KHC:36586 MFA No. 3112 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 3112 OF 2021 (MV-I) BETWEEN: SRI. SHASHIKUMAR S.V., S/O VENKATESHA S.K., AGED ABOUT 18 YEARS, R/AT CHEEKANAHALLI VILLAGE, MELUKOTE HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434 …APPELLANT (BY SRI. P MAHADEVASWAMY, ADVOCATE) AND: 1. PUTTARAJU C.A., S/O ANKEGOWDA, AGED ABOUT 35 YEARS, R/AT CHINAKURALI VILLAGE AND HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571434 2. THE MANAGER UNITED INDIA INSURANCE CO LTD., NO.1119/B, KAMBLI BUILDING, M.C. ROAD, MANDYA-560024 …RESPONDENTS (BY SRI. C SHANKARA REDDY, ADVOCATE FOR R2 NOTICE TO R1 D/W) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010272332021 NC: 2026:KHC:36586 MFA No. 3112 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.08.2019 PASSED IN MVC NO. 1267/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA, 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.3,83,000/- awarded by the Tribunal in MVC No.1267/2017 dated 31.08.2019, 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. Medical expenses 68,000 2. Incidental charges 15,000 - 3 - HC-KAR CNR: KAHC010272332021 NC: 2026:KHC:36586 MFA No. 3112 of 2021 3. Permanent disability, pain, shock and agony 3,00,000 Total 3,83,000 4. Since the Doctor has assessed the permanent disability at 39.75% to the whole body, the Tribunal has rightly assessed the disability at 1/3rd of the same, which would be 14%. Accordingly, the disability suffered by the claimant would be at 14%. 5. The Tribunal has not awarded compensation under the head 'loss of future income', since the claimant was minor aged 15 years at the time of incident. However, as the claimant has suffered disability at 14%, as per the judgment of Division Bench of this Court in MASTER MALLIKARJUN Vs. DIVISONAL MANAGER, THE NATIONAL INSURANCE CO., - ILR 2013 KAR 4891, the Tribunal has awarded a sum of Rs.3,00,000/- as compensation towards disability. The said finding of the Tribunal has to be 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 - 4 - HC-KAR CNR: KAHC010272332021 NC: 2026:KHC:36586 MFA No. 3112 of 2021 that the calculation of loss of income necessarily has to be made in a case involving a child having suffered injury or having passed away. Consequently, since the accident was of the year 2017, it would be appropriate to assess the income at Rs.11,000/- as per the chart prepared by Karnataka State Legal Services Authority. Accordingly, applying the multiplier of '18', the claimant would be entitled to a sum of Rs.3,32,640/- (Rs.11,000 x 12 x 18 x 14%) towards 'loss of future income' as against Rs.3,00,000/- awarded by the Tribunal towards disability. 6. Having regard to the injuries suffered and treatment taken by the claimant, I deem it just and appropriate to award a sum of Rs.50,000/- towards 'pain and suffering,' Rs.22,000/- (Rs.11,000 X 2 months) towards 'loss of income during the laid up period' treating the laid up period as two months. 7. Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, I deem it just and appropriate to award a sum of - 5 - HC-KAR CNR: KAHC010272332021 NC: 2026:KHC:36586 MFA No. 3112 of 2021 Rs.15,000/- towards ‘nourishment, conveyance attendant charges’, 8. Having regard to the lasting effects of the injuries on the claimant, I deem it just and appropriate to award a sum of Rs.30,000/- towards 'loss of amenities'. 9. The sum awarded as 'medical expenses' at Rs.68,000/-, being based on documentary evidence, is affirmed. 10. 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 agony 50,000 2. Loss of future income due to disability 3,00,000 3,32,640 3. Loss of amenities - 30,000 4. Loss income during laid up period - 22,000 5. Food, nourishment and - 15,000 - 6 - HC-KAR CNR: KAHC010272332021 NC: 2026:KHC:36586 MFA No. 3112 of 2021 conveyance 6. Incidental expenses 15,000 - 7. Medical expenses 68,000 68,000 Total 3,83,000 5,17,640 11. Thus, the claimant is held entitled to the total compensation of Rs.5,17,640/- as against Rs.3,83,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 12. 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 amount, if any, deposited shall be transmitted to the Tribunal. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 44