- 1 - HC-KAR CNR: KAHC010300252022 NC: 2026:KHC:38380 MFA No. 4760 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4760 OF 2022 (MV-I) BETWEEN: GIRISHGOWDA. S S/O SRINIVASAMURTHY G., AGED ABOUT 17 YEARS, R/AT E.84/6, MYAURANAGARA, ANDRAHALLI MAIN ROAD, SHIVANANDANAGARA, HEGGANAHALLI, NEAR PULIYAGARE FACTORY, BENGALURU NORTH - 91. SINCE THE APPELLANT IS MINOR REP.BY HIS MOTHER / NATURAL GUARDIAN THANUJA M., W/O. SRINIVASAMURTHY G., AGED ABOUT 35 YEARS …APPELLANT (BY SRI. K.V.NAIK, ADVOCATE) AND: 1. PAVITHRA, W/O RAJESHA, MAJOR, R/O KONANATHITTU VILLAGE, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010300252022 NC: 2026:KHC:38380 MFA No. 4760 of 2022 MANDYA - 571401, KASABA HOBLI. 2. THE MANAGER, CHOLAMANDALAM MS GEN. INSURANCE COMPANY LTD., UNIT NO.04, 9TH FLOOR, GOLDEN HIGHTS COMPLEX, 59TH CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH M BLOCK, BENGALURU - 560 010. ACTIVA HONDA BIKE BEARING REGISTRATION NO.KA-11-EM-9335, POLICY NO.3397/00006010/000/00 COVERING FROM 27/02/2019 TO 26/02/2024. …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R-2; NOTICE TO R-1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.09.2021 PASSED IN MVC NO.7237/2019 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, ADDITIONAL MACT-7, BENGALURU (SCCH-7). THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010300252022 NC: 2026:KHC:38380 MFA No. 4760 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.3,71,356/- awarded by the Tribunal in MVC No.7237/2019 vide judgment and award dated 29.09.2021, 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 suffering already undergone and to be suffered in future, mental and physical shock, hardship, inconvenience and discomforts etc., and loss of amenities in life on account of permanent disability 3,00,000 - 4 - HC-KAR CNR: KAHC010300252022 NC: 2026:KHC:38380 MFA No. 4760 of 2022 2. Discomfort, inconvenience and loss of earnings to the parents during the period of hospitalization 25,000 3. Medical and incidental expenses during the period of hospitalization 46,356 Total 3,71,356 4. Learned counsel for the claimant would contend that though the claimant had suffered disability, the Tribunal has erred in not assessing the loss of future income and that the amount awarded under other heads is also meager. Accordingly, he prays to allow the appeal by enhancing the compensation. 5. On the other hand, learned counsel for the insurer supports the impugned judgment and award and prays for dismissal of the appeal. - 5 - HC-KAR CNR: KAHC010300252022 NC: 2026:KHC:38380 MFA No. 4760 of 2022 6. I have given my anxious consideration to the submissions of learned counsel for both the parties and perused the material on record. 7. As could be seen from records, Ex.P.6-wound certificate and Ex.P.8-discharge summary discloses that the claimant has suffered fracture of shaft of right femur (thigh) and also sustained injuries to other parts of the body. The evidence of the Doctor reveals that the claimant has suffered 30% disability with respect to the right leg and whole body disability at 10%. Having regard to the nature of injuries suffered by the claimant and the age of the claimant, the disability percentage taken by the Tribunal is just and proper. 8. The Tribunal has not awarded compensation under the head 'loss of future income'. Since the claimant was minor aged 14 years at the time of incident and that the disability is now assessed at 10%, as per the 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 - 6 - HC-KAR CNR: KAHC010300252022 NC: 2026:KHC:38380 MFA No. 4760 of 2022 income necessarily has to be made in a case involving a child having suffered injury or having passed away, it would be just and appropriate to award the compensation towards loss of future income. 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'. 9. The Tribunal has not awarded any amount towards 'loss of income during the laid up period'. Having regard to the injuries suffered and the treatment taken by the claimant, it would be just and appropriate to award a sum of Rs.42,000/- (Rs.14,000 X 3) considering the laid up period as three months. 10. 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'. 11. The Tribunal has not awarded any amount towards 'loss of amenities. Having regard to the injuries suffered and the - 7 - HC-KAR CNR: KAHC010300252022 NC: 2026:KHC:38380 MFA No. 4760 of 2022 treatment taken by the claimant, it would be just and appropriate to award a sum of Rs.35,000/- towards '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, nourishment and diet charges and attendant charges' at Rs.15,000/-. 13. The sum awarded as medical expenses at Rs.46,356/-, being based on documentary evidence, do not call for modification and hence confirmed. 14. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: 15. 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 this Court (Rs.) 1. Pain and sufferings 50,000 2. Loss of future income due to disability 3,02,400 - 8 - HC-KAR CNR: KAHC010300252022 NC: 2026:KHC:38380 MFA No. 4760 of 2022 3. Attendant, conveyance and other misc. expenses 15,000 4. Medical expenses 46,356 5. Loss of amenities 35,000 6. Loss of income during laid up period 42,000 Total 4,90,756 16. Thus, the claimant is held entitled to the total compensation of Rs.4,90,756/- as against Rs.3,71,356/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 17. 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 GPG List No.: 1 Sl No.: 10