- 1 - HC-KAR CNR: KAHC010540932016 NC: 2026:KHC:41699 MFA No. 7586 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7586 OF 2016 (MV-I) BETWEEN: SRI. DHANUSH S/O NIROOP, AGED ABOUT 17 YEARS, R/AT NO. 5838 M.G.ROAD, RAVINDRA NAGARA, HASSAN - 573 201 APPELLANT BEING MINOR REPRESENTED BY HIS FATHER SRI. H.S. NIROOP S/O LATE SIDDAPPA AS NATURAL GUARDIAN. …APPELLANT (BY SRI. CHETHAN B., ADVOCATE) AND: 1. SRI MANJEGOWDA S/O KALEGOWDA, MAJOR, R/AT CHANNAPATNA VILLAGE, H.N.PURA ROAD, HASSAN - 573 201. 2. THE BRANCH MANAGER THE RELIANCE INSURANCE CO LTD., KRUTHIKA ORCADE N.R.CIRCLE, H.N.PURA ROAD, HASSAN - 573 201. …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010540932016 NC: 2026:KHC:41699 MFA No. 7586 of 2016 (BY SMT. T.N. MALATHI., ADVOCATE FOR R2, V/O DTD: 02.11.2023 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 16.07.2016 PASSED IN MVC NO.928/2015 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT & SESSIONS JUDGE, ADDITIONAL MACT, HASSAN, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 16.07.2016 passed in MVC No.928/2015 on the file of the 5TH Additional District & Sessions Judge, Additional MACT, Hassan, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR CNR: KAHC010540932016 NC: 2026:KHC:41699 MFA No. 7586 of 2016 3. Injured claimant aged 16 years met with an accident on 07.02.2015 and filed claim petition claiming compensation of Rs.15,00,000/-. Tribunal considering the entire evidence on record granted an amount of Rs.4,20,000/- along with interest at the rate of 9% p.a., from the date of petition till payment, and also after deducting 20% towards contributory negligence on the part of the petitioner. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that while petitioner was returning from School Annual Function, on the motorbike bearing Reg.No.KA- 13-L-3266, along with his friend, near dairy circle, a lorry bearing Reg.No.KA 12 6286 came in a rash and negligent manner and dashed the bike from opposite side. As a result, both the rider and pillion rider fell down and sustained injuries. The Tribunal erred in fixing the contributory negligence of 20% on the rider of the vehicle. The Tribunal granted meager amounts under the other heads and not considered the disability assessed - 4 - HC-KAR CNR: KAHC010540932016 NC: 2026:KHC:41699 MFA No. 7586 of 2016 by the doctor. The amounts granted under the other heads are meager. Therefore, requested for enhancement of the compensation. The tribunal relied upon the citation reported in 2013 ACJ page No.2445 in case of Mallikarjuna Vs Divisional Manager, National Insurance Compnay Ltd., and Anr and granted an amount of Rs.4,00,000/- and also amounts under the other heads. The counsel for the appellant relied upon citation in Civil Appeal No.10278/2025 in the case between Hitesh Nagjibhai Patel Vs Bababhai Nagjibhai Rabari & Anr for enhancement of the compensation. As the petitioner met with an accident in the year 2015, this Court finds that it is just and reasonable to take the notional income as Rs.9,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. He was aged 16 years. Therefore, the relevant multiplier taken is 18. Petitioner filed Ex.P5/wound certificate and also prescription, medical bills and apart from that he examined the doctor as PW2. PW2 - 5 - HC-KAR CNR: KAHC010540932016 NC: 2026:KHC:41699 MFA No. 7586 of 2016 stated, that the injured sustained blood clot outside the brain, but inside the skull fracture of the frontal bone and small hemorrhagic contusion. Immediately injured was shifted to NIMHANS hosptial where he underwent an emergency left frontal craniotomy surgery and subsequently discharged from NIMHANS hospital and was admitted to Abhaya hospital, Bangalore on 08.02.2015 where he was admitted for 12 days for the treatment. Later he was referred to the neuropsychologist, Dr.Prathiba for detailed neuropsychological and neurobehavioral assessment which was done on 02.04.2015. Hence, the doctor assessed permanent physical impairment in neurological conditions as 35% and the neurobehavioural disability is 25%. Cognitive disability is 15% and the total whole body disability is 35%. Considering the nature of injuries sustained by the petitioner and neurological disability, this court finds that it is just and reasonable to take the disability as 35% as per medical evidence, as the disability is more than 20% - 6 - HC-KAR CNR: KAHC010540932016 NC: 2026:KHC:41699 MFA No. 7586 of 2016 petitioner is entitled for future prospects as per the citation in New India Assurance Company Limited Vs. Abdul, son of Mehaboob Tahasildar and Others (M.F.A. No.103807/2016 c/w. M.F.A. No.103835/2016 decided on 27.05.2022). As the petitioner is aged 16 years, therefore he is entitled for 40% towards future prospects and the loss of future earning capacity comes to Rs.9,000 + 40% x 12 x 18 x 35% = Rs.9,52,560/-. He was admitted in the hospital for a period of 12 days. Considering the nature of injuries, period of hospitalisation, his age and other relevant factors, this court finds that it is just a reasonable to grant an amount of Rs.75,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities and Rs.40,000/- towards transportation, extra nourishment and attendant charges. The Tribunal granted Rs.76,000/- towards medical expenses and Rs.25,000/- towards future medical expenses, the said amounts are confirmed. - 7 - HC-KAR CNR: KAHC010540932016 NC: 2026:KHC:41699 MFA No. 7586 of 2016 5. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.4,20,000/- to Rs.12,18,560/- along with interest at the rate of 6% p.a. 6. As the Tribunal already stated that there was contributory negligence of 20%. The manner of accident shows that petitioner was a minor and he was travelling as a pillion rider on the motorbike bearing Reg.No.KA- 13-L- Sl.Nos. Particulars Amount in Rs. 1 Loss of future income 9,52,560 2 Pain and suffering 75,000 3 Loss of amenities 50,000 4 Transportation, extra nourishment and attendant charges. 40,000 5 Medical expesnes 76,000 6 Future medical expenses 25,000 Total 12,18,560 - 8 - HC-KAR CNR: KAHC010540932016 NC: 2026:KHC:41699 MFA No. 7586 of 2016 3266, and met with an accident, due to the negligence of the driver of the lorry. The counsel for the appellant argued that he is a pillion rider, as such, the contributory negligence fixed upon by the rider of the motor cycle is not applicable to him. Admittedly, rider was also a minor and petitioner was travelling along with his friend who was a minor, on the motor cycle and met with an accident. Therefore, this Court finds that there is no reason to interfere with the contributory negligence fixed up by the Court at the rate of 20% and it is confirmed. Insurance Company is directed to deposit 80% of the compensation. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 16.07.2016 passed in MVC No.928/2015 on the file of the 5TH Additional District & Sessions Judge, Additional MACT, Hassan, is modified. - 9 - HC-KAR CNR: KAHC010540932016 NC: 2026:KHC:41699 MFA No. 7586 of 2016 iii. The claimants is entitled to a sum of Rs.12,18,560/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,20,000/- granted by the tribunal. iv. Respondent/Insurance Company is liable to deposit 80% of compensation and as already deposited the awarded amount before the tribunal, therefore directed to deposit the balance compensation along with interest at the rate of 6% p.a., within one month from the date of this order. v. On such deposit, father of the petitioner as a natural guardian, is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 61