- 1 - HC-KAR CNR: KAHC010429292021 NC: 2026:KHC:36595 MFA No. 5996 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.5996 OF 2021(MV-I) BETWEEN: MASTER SUHAS R S/O RAJASHEKAR K.M AGED ABOUT 17 YEARS R/A NO.108, 1ST MAIN 1ST CROSS, ANNAYAPPA LAYOUT JARAGANAHALLI, J.P NAGAR BENGALURU-560 078 APPELLANT IS A MINOR REPRESENTED THROUGH NATURAL GUARDIAN FATHER SRI. RAJASHEKAR …APPELLANT (BY SRI. GURUDEV PRASAD K.T, ADVOCATE) AND: 1. NATIONAL INSURANCE CO.LTD. T.P CLAIM HUB, 2ND FLOOR SHUBARAM COMPLEX BENGALURU-560 001 2. M/S ZOOMCAR INDIA PVT LTD NO.7TH FLOOR TOWER B DIAMOND DISTRICT HAL AIRPORT ROAD, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010429292021 NC: 2026:KHC:36595 MFA No. 5996 of 2021 KODIHALLI BENGALURU 560 008 …RESPONDENTS (BY SRI. SHANKARA REDDY C, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.01.07.2021 PASSED IN MVC NO.3998/2019 ON THE FILE OF THE II ADDITIONAL JUDGE, ACMM, COURT OF SMALL CUSES, MACT, BENGALURU, (SCCH- 13), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR 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.2,60,000/- awarded by the Tribunal in MVC.No.3998/2019 vide judgment and award dated 01.07.2021, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured are not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: - 3 - HC-KAR CNR: KAHC010429292021 NC: 2026:KHC:36595 MFA No. 5996 of 2021 Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings and disability 1,00,000 2. Loss of earnings to the parents during period of hospitalization 25,000 3. Medical and incidental expenses 1,20,000 4. Future medical expenses 15,000 Total 2,60,000 4. Since the Doctor has assessed the disability at 31% to the right lower limb, the Tribunal has rightly assessed the disability at 10%. 5. The Tribunal has not awarded compensation under the head 'loss of future income', since the claimant was minor aged 17 years at the time of incident. However, as the claimant has suffered disability at 10%, 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.1,00,000/- as compensation towards disability. The said finding of the Tribunal has to be interfered with in view of the subsequent - 4 - HC-KAR CNR: KAHC010429292021 NC: 2026:KHC:36595 MFA No. 5996 of 2021 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 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 2019, it would be appropriate to assess the income at Rs.14,000/- 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.3,02,400/- (Rs.14,000 x 12 x 18 x 10%) towards 'loss of future income' as against Rs.1,00,000/- 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.40,000/- towards 'pain and suffering,' Rs.28,000/- (Rs.14,000 X 2 months) towards 'loss of income during the laid up period' treating the laid up period as two months as against Rs.25,000/- awarded by the Tribunal and Rs.12,000/- towards incidental expenses. - 5 - HC-KAR CNR: KAHC010429292021 NC: 2026:KHC:36595 MFA No. 5996 of 2021 7. Having regard to the lasting effects of the injuries on the claimant, I deem it just and appropriate to award a sum of Rs.25,000/- towards loss of amenities. 8. The sums awarded as medical expenses at Rs.1,08,122/-, being based on documentary evidence, is affirmed. 9. The sum of Rs.15,000/- awarded towards future medical expenses requires to be enhanced to Rs.20,000/- having regard the treatment required to be taken in future. 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 sufferings - 40,000 2. Loss of future income due to disability 1,00,000 3,02,400 3. Incidental expenses - 12,000 4. Medical expenses 1,20,000 1,08,122 5. Loss of amenities - 25,000 6. Loss income during laid up 25,000 28,000 - 6 - HC-KAR CNR: KAHC010429292021 NC: 2026:KHC:36595 MFA No. 5996 of 2021 period 7. Future medical expenses 15,000 20,000 Total 2,60,000 5,35,522 11. Thus, the claimant is held entitled to the total compensation of Rs.5,35,522/- as against Rs.2,60,000/-, 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 appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 59