- 1 - HC-KAR CNR: KAHC010474162017 NC: 2026:KHC:40306 MFA No. 9348 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 9348 OF 2017 (MV-I) BETWEEN: KUMARI AFEEFA AGED ABOUT 05 YEARS, SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER I.E., KHAJI RAFEEQ AHAMED, R/O. ANABERU VILLAGE, DAVANAGERE TALUK AND DISTRICT, NOW R/O. BADA VILLAGE, DAVANAGERE TALUK AND DISTRICT - 577 514. …APPELLANT (BY SRI. HAREESH BHANDARY T, ADVOCATE) AND: 1. JAGANNATH. L S/O. LAKSHMANA, AGED ABOUT 27 YEARS, DRIVER OF TATA ACE BEARING REG. NO. KA-16/B-6194, R/O. BOMEENAHALLI VILLAGE, CHITRADURGA TALUK AND DISTRICT - 577 520. 2. HANUMANTHAPPA. B S/O. BASAPPA, AGED ABOUT 34 YEARS, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010474162017 NC: 2026:KHC:40306 MFA No. 9348 of 2017 OWNER OF TATA ACE BEARING REG NO. KA-16/B-6194, R/O. BOMMENAHALLI VILLAGE, CHITRADURGA TALUK AND DISTRICT - 577 520. 3. THE MANAGER SRIRAM GENERAL INS. CO. LTD., NO.10003, E-8, EPIP, RAIKO, SEETHAPUR, JAIPUR, RAJASTHAN - 302 022. …RESPONDENTS (BY SRI. R. SURESH, ADVOCATE FOR R AND R2; SRI. A.N. KRISHNASWAMY, ADVOCATE FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.07.2017 PASSED IN MVC NO.789/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE MEMBER, MACT-IV, DAVANAGERE. 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. - 3 - HC-KAR CNR: KAHC010474162017 NC: 2026:KHC:40306 MFA No. 9348 of 2017 2. This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 04.07.2017 passed in MVC No.789/2015, by the Court of the Principal Senior Civil Judge, Member, Motor Accident Claims Tribunal-IV, Davanagere (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of compensation. 3. The injured claimant aged three years met with a road traffic accident on 17.05.2015 and her father is the natural guardian filed a claim petition seeking compensation of Rs.3,00,000/-. The Tribunal, after considering the oral and documentary evidence on record, awarded a total compensation of Rs.66,285/- with interest at the rate of 8% per annum from the date of petition till realization. 4. Aggrieved by the said judgment and award, the appellant has preferred the present appeal and mainly contending that the compensation awarded by the - 4 - HC-KAR CNR: KAHC010474162017 NC: 2026:KHC:40306 MFA No. 9348 of 2017 Tribunal is inadequate. It is submitted that the non- examination of the doctor cannot be a ground for awarding lesser compensation. It is further contended that the claimant, who was only three years old at the time of the accident, sustained a grievous liver injury, which is likely to affect her growth and immunity. She underwent treatment as an inpatient in four different hospitals for several days. Thus, requested for enhancement of compensation. 5. As per Ex.P7, wound certificate, the appellant sustained following injuries: i. Abrasion over the thigh; ii. Grade II to III liver laceration due to blunt injury to the abdomen. The liver injury is grievous in nature and is supported by the scan report produced as Ex.P8. 6. The appellant incurred a sum of Rs.21,285/- towards medical expenses, as evidenced by the medical bills produced on record. It is not in dispute that the - 5 - HC-KAR CNR: KAHC010474162017 NC: 2026:KHC:40306 MFA No. 9348 of 2017 appellant was a minor aged three years at the time of the accident and had sustained a grievous injury, namely a Grade II to III liver laceration. Considering the nature of the injuries, the age of the claimant, the period of hospitalization, and other relevant factors, this Court finds it just and reasonable to award Rs.50,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities, and Rs.15,000/- towards transportation, extra nourishment, and attendant charges. 7. Since the appellant was only three years old, the presence and care of her parents during the period of treatment was inevitable. It can reasonably be inferred that the appellant's mother could not have attended to her avocation for at least for a period of one month while taking care of the injured child. Therefore, this Court finds it appropriate to award a sum of Rs.9,000/- towards the loss of income suffered by the parent during the treatment period. - 6 - HC-KAR CNR: KAHC010474162017 NC: 2026:KHC:40306 MFA No. 9348 of 2017 8. Thus, the compensation awarded by this Court is as follows: 9. In summary, the appellant/claimant is entitled to a total compensation of Rs.1,25,285/- as against Rs.66,285/- awarded by the Tribunal. The enhanced compensation works out to Rs.59,000/-. To this extent, the award passed by the Tribunal is modified. 10. In the result, pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 04.07.2017 passed in MVC No.789/2015, Particulars Amount in Rs. Medical bills 21,285.00 Pain and suffering 50,000.00 Loss of amenities 30,000.00 Transportation, extra nourishment and attendant charges 15,000.00 Loss of income to the parent of the appellant during treatment period. 9,000.00 Total 1,25,285.00 - 7 - HC-KAR CNR: KAHC010474162017 NC: 2026:KHC:40306 MFA No. 9348 of 2017 by the Court of the Principal Senior Civil Judge, Member, Motor Accident Claims Tribunal-IV, Davanagere, is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.59,000/-. (Rs.1,25,285/- minus Rs.66,285/-) with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent No.3/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, Insurance Company is directed to deposit enhanced compensation of Rs.59,000/- with interest rate of 6% within one month from the date of this order. v. The claimant is a minor, her father, being the natural guardian, is permitted to - 8 - HC-KAR CNR: KAHC010474162017 NC: 2026:KHC:40306 MFA No. 9348 of 2017 withdraw the entire amount along with the accrued interest. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 23