- 1 - HC-KAR NC: 2026:KHC:19350 M.F.A. No.8875/2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.8875/2018 (MV-I) BETWEEN: PUNEETH S/O PRABHAKAR REVANAKAR AGED ABOUT 11 YEARS SINCE MINOR REP. BY HIS NEXT FRIEND AND GUARDIAN -NATURAL FATEHR S.R. PRABHAKAR REVANAKAR R/AT TIGALARA KERI LASHKAR MOHALLA SHIVAMOGGA CITY-577 202. …APPELLANT (BY SRI. SANDESH P. NADIGER, ADV., FOR SRI. G. BALAKRISHNA SHASTRY, ADV.,) AND: 1. BASAPPA J.P. S/O J.P. SIDDAPPA AGED ABOUT 63 YEARS WORKING AS LECTURER IN DVS COLLEGE R/O NEAR EDUCARE COLLEGE RAVINDRANAGAR EXTENSION SHIVAMOGGA CITY-577 201. 2. NATIONAL INSURANCE COMPANY LIMITED RUB BUILDING, A A CIRCLE SHIVAMOGGA CITY-577 201 REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. SHIVARAJ PATIL, ADV., FOR R2 R1 IS SERVED AND UNREPRESENTED) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19350 M.F.A. No.8875/2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23/11/2017, PASSED IN MVC NO.271/2014, ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AND ADDITIONAL MACT-VII, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 23.11.2017 passed in MVC.No.271/2014 by the I Additional Senior Civil, CJM & Additional MACT-VII, Shivamogga, (for short, ‘Tribunal’). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Sri.Sandesh P.Nadiger, learned counsel for Sri.G.Balakrishna Shastry, learned counsel the appellant submits that the Tribunal has committed grave error in - 3 - HC-KAR NC: 2026:KHC:19350 M.F.A. No.8875/2018 awarding global compensation of Rs.1,00,000/- without assessing the income, disability of the injured and it ought to have awarded compensation on the head of loss of future income due to disability of the injured. It is further submitted that the injured is a minor aged about 7 years and his father has been examined as PW1 and examined two doctors as PWs2 and 3 and got marked the documents at Exs.P1 to P97 and the Tribunal, without considering the oral and documentary evidence, awarded global compensation. Hence, he seeks to allow the appeal by awarding just compensation. 4. Per contra, Sri.Shivaraj Patil, learned counsel for the respondent No.2-Insurance Company supports the impugned judgment and award of the Tribunal and submits that the injured was aged about 6 years at the time of accident and he was not having any income, hence, his income cannot be assessed and there cannot be any compensation under the head of loss of future income due to disability. In addition, the appellant-claimant has - 4 - HC-KAR NC: 2026:KHC:19350 M.F.A. No.8875/2018 failed to produce the discharge summary, which would have clearly indicated the treatment provided to the appellant-injured, hence, in the absence of such evidence, there is no scope for enhancement of the compensation. Hence, he seeks to dismiss the appeal. 5. I have heard the arguments of the learned counsel appearing on both the sides and meticulously perused the material available on record. 6. The material on record indicate that one Master Puneeth, who was aged about 7 years, met with a road accident on 06.07.2012 and sustained grievous injuries in the said accident. The father of the claimant-injured filed a claim petition representing him as a natural guardian and sought compensation. The Tribunal, considering the evidence on record, awarded global compensation of Rs.1,00,000/-. It is to be noticed that the appellant- injured, in the aforesaid accident, sustained fracture of tibia middle 1/3 with minimal displacement and he was - 5 - HC-KAR NC: 2026:KHC:19350 M.F.A. No.8875/2018 provided treatment in Vivekananda Hospital, Shivamogga. In order to prove the claim, the father of the injured was examined as PW1 and also examined Dr.K.N.Rajashekhar and Dr.Sunil as witnesses. The respondent-Insurance Company examined its official as RW1 and got marked Ex.R1. On Court Commission, one Dr.R.S.Diwakar has been examined as CW1 and Exs.C1 to C7 are marked. 7. It is to be noticed that the Tribunal has committed an error in not awarding just compensation to the appellant-injured. The Hon'ble Supreme Court in the case of Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari and Another1, has held that even in the case of minor, the Tribunal and Courts should award the compensation by assessing the income notionally. Keeping in mind the aforesaid enunciation of law, the compensation is required to be re-determined appropriately. Thus, the income of the injured is notionally assessed at Rs.7,000/- per month placing reliance on the notional income chart 1 2025 ACJ 1986 - 6 - HC-KAR NC: 2026:KHC:19350 M.F.A. No.8875/2018 prepared by KSLSA for the year 2012. CW-1 has assessed the disability at 25% to a particular limb and considering the said aspect, I am of the view that ends of justice would be met if the disability is assessed at 8% to the whole body. Having reassessed the disability and income of the minor injured, the compensation is required to be awarded on all the conventional heads. Hence, the compensation is re-determined by considering the oral evidence of the father of the injured and three doctors and other medical evidence on record, thus, the appellant would be entitled to compensation under the head of loss of future income due to disability as under: Rs.7,000 x 12 x 18 x 8% = Rs.1,20,960/-. 8. The appellant would be entitled to compensation of Rs.40,000/- towards pain & suffering; Rs.40,000/- towards loss of amenities in life and Rs.15,000/- towards food, nourishment and conveyance charges. The father of the injured would be entitled to - 7 - HC-KAR NC: 2026:KHC:19350 M.F.A. No.8875/2018 Rs.14,000/- (Rs.7,000 X 2) towards the loss of income during laid-up period. 9. Thus, the appellant would be entitled to modified compensation as under: Thus, the appellant-claimant shall be entitled to a total compensation of Rs.2,29,960/- as against Rs.1,00,000/- awarded by the Tribunal. 10. In the result, this Court proceeds to pass the following: ORDER a) Appeal is allowed in part. HEADS AMOUNT (in Rs.) Loss of future income due to disability 1,20,960 Pain & suffering 40,000 Loss of amenities in life 40,000 Food, nourishment and conveyance charges 15,000 Loss of income of the father of the injured during laid up period 14,000 Total 2,29,960 - 8 - HC-KAR NC: 2026:KHC:19350 M.F.A. No.8875/2018 b) The impugned judgment and award of the Tribunal is modified to an extent that the appellant-claimant would be entitled to a total compensation of Rs.2,29,960/- as against Rs.1,00,000/- awarded by the Tribunal. c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment excluding the interest for the delayed period of 245 days as per the order dated 24.06.2025. d) The Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. - 9 - HC-KAR NC: 2026:KHC:19350 M.F.A. No.8875/2018 e) The apportionment, deposit and disbursement shall be made as per award of the Tribunal. f) Registry shall transmit the records to the Tribunal forthwith. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 2 Sl No.: 7