- 1 - HC-KAR CNR: KAHC010331152017 NC: 2026:KHC:40382 MFA No. 4848 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4848 OF 2017 (MV-I) BETWEEN: MASTER MAHANTESH PN SON OF M.B.NAGENDRA KUMAR, AGED ABOUT 10 YEARS, MINOR, REP BY HIS NATURAL GUARDIAN FATHER M.B.NAGENDRA KUMAR, SON OF BASAVARAJ AGED ABOUT 41 YEARS, RESIDING AT NO.984/27 M.C.LAYOUT, 1ST MAIN, VIJAYANAGAR, BANGALORE-560040. APPELLANT (BY SRI. P.M. GOPI.,ADVOCATE) AND: 1. SRI. REVANNA SON OF LATE REVANNA, AGED ABOUT 48 YEARS, RESIDING AT NO.52 1ST MAIN ROAD, 1ST CROSS, KAVERIPURA KAMAKSHIPALYA, BANGALORE-560079. 2. BAJAJ ALLIANZ COMPANY LIMITED 4TH FLOOR, GOLDEN HEIGHTS COMPLEX, 59TH C CROSS, RAJAJINAGAR, BANGALORE-560010. RESPONDENTS (BY SRI. P.S JAGADISH.,ADVOCATE FO R2; Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010331152017 NC: 2026:KHC:40382 MFA No. 4848 of 2017 V/O DTD 11.06.2021 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.08.2015 PASSED IN MVC NO.2520/2014 ON THE FILE OF THE 1ST ADDITIONAL SMALL CAUSES JUDGE & 27TH ACMM, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. THIS APPEAL, COMING ON FOR ADMISSION, 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 under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 10.08.2015 passed in MVC.No.2520/2014 on the file of the learned Motor Accident Claims Tribunal and I Additional Small Causes and XXVIII ACMM, Bengaluru (SCCH- 11), seeking for enhancement of compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 3 - HC-KAR CNR: KAHC010331152017 NC: 2026:KHC:40382 MFA No. 4848 of 2017 3. The minor petitioner/injured aged 7 years met with an accident on 29.04.2014 and his father as an natural guardian filed claim petition claiming compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted amount of Rs.3,45,000/- with interest at the rate of 6% per annum from date of petition till realization. Being aggrieved by the said order the appellant preferred this appeal and mainly contented that the petitioner was studying 3rd standard and stated that the Tribunal relied upon the case of Master Mallikarjan V.s Divisional Manager, The National Insurance Company Limited and Another1 and granted meager amounts and thus requested for enhancement of the compensation. 4. Learned counsel for respondent No.2 stated that the Tribunal has rightly considered the judgment of the Hon'ble Supreme Court in the case of Sarala Verma (Smt) And Others V/S Delhi Transport Corporation And Another2, as the boy is aged 7 years at the time of the accident the multiplier is to be taken as '15' but not '18'. 1 ILR 2013 KAR 4891 2 (2009) SCC 121 - 4 - HC-KAR CNR: KAHC010331152017 NC: 2026:KHC:40382 MFA No. 4848 of 2017 5. Injured boy aged 7 years met with an accident on 29.04.2014, therefore, this Court finds it is just and reasonable to take his notional income as Rs.8,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority and as per the case of Hitesh Nagjibhai Patil V.s Bababhai Nagjibhai Rabari and Another3, the relevant multiplier is '18'. The petitioner filed Exs.P2 and P16 are the wound certificates, Ex.P15 is the discharge summary and Ex.P.20 is the case sheet. Apart from that, he examined the doctor as PW.2 and he stated the petitioner sustained contusion over left forehead, laceration over right cheek, swelling and tenderness over left thigh. X-ray shows there is fracture of upper 1/3rd of left femur and with titanium nailing under GA and advised physiotherapy. On examination he complains of pain in the left thigh, unable to use Indian type of toilet, unable to sit cross legged, not able to run and walk for long distance, required continuous physiotherapy. The petitioner has disability of 65% below left hip, this disability is functional and amount to 30%. He has to undergo one more surgery for removal of implants, which approximately cost about Rs.50,000/-. Apart from this he 3 2025 SCC Online SC 3446 - 5 - HC-KAR CNR: KAHC010331152017 NC: 2026:KHC:40382 MFA No. 4848 of 2017 requires Rs.2,000/- per month for physiotherapy. In the cross- examination, PW.2 stated that he is a treated doctor and fracture is united. As the boy is aged 7 years, he is under bone growing age and bone growing will start at regular course. It is further stated that after removal of the implants disability comes down to 15% to 16%. As per the doctor/PW.2 disability is 65% to below hip, therefore, this Court finds that it is just and reasonable to take 1/3rd of the same, 65% X 1/3rd =22%. As the disability is more than 20%, the petitioner is entitled for future prospects as per the judgment of the Hon'ble Supreme Court in the case of New India Assurance Company Limited V.s Abdul S/o Mehaboob Tahsildar in MFA.No.103835/2016 c/w MFA.No.103807/2016, as he was aged 7 years he is entitled for 40% towards future prospects. Loss of future earning capacity comes to Rs.8,500/- + 40% X 12 X 18 X 22% =Rs.5,65,488/-. 6. Learned counsel for the filed medical bills out of which it was observed by the Tribunal that in the cross examination of PW1 he admitted that an amount of Rs.78,999/- was reimbursed by Star Health Insurance Company, as such no - 6 - HC-KAR CNR: KAHC010331152017 NC: 2026:KHC:40382 MFA No. 4848 of 2017 amount is granted under that medical expenses. Learned counsel for the appellant has relied upon the case of The New India Assurance Company Limited V.s Dolly Satish Gandhi and Another4 in paragraph No.15 held has follows: "15. In fine, we hold that the amount received as part of Mediclaim/medical insurance is not deductible from compensation as calculated by the concerned Tribunal, adjudicating a claim for compensation under the MVA which may also include compensation under the head of medical expenses, if claimed. These two stand on a different footing - one is statutory while the other is contractual and the latter is only a sequitur of premiums having been paid in the past while the other is an entitlement as a consequence of an accident or death in a motor vehicle accident." Therefore, this Court finds it just and reasonable to grant an amount of Rs.78,999/- towards medical expenses. The petitioner was admitted in the hospital as an inpatient for a period of 5 days. Considering the nature of injuries, period of hospitalization, age and other relevant facts this Court finds it reasonable to grant an amount of Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities and Rs.30,000/- for transportation, extra management and attending charges. The Tribunal has granted an amount of 4 2026 SCC Online SC 861 - 7 - HC-KAR CNR: KAHC010331152017 NC: 2026:KHC:40382 MFA No. 4848 of 2017 Rs.35,000/- towards future medical expenses and the said amount is confirmed. 7. Thus in all, compensation awarded by this Court is as below: 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.7,84,487/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 10.08.2015 passed in MVC.No.2520/2014 on the file of the learned Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2. Medical expenses 78,999/- 3. Future medical expenses 35,000/- 4. Towards loss of amenities 25,000/- 5. Towards transportation, nourishment and attendant charges 30,000/- 6. Towards loss of future earning capacity 5,65,488/- Total 7,84,487/- - 8 - HC-KAR CNR: KAHC010331152017 NC: 2026:KHC:40382 MFA No. 4848 of 2017 Motor Accident Claims Tribunal and I Additional Small Causes and XXVIII ACMM, Bengaluru (SCCH-11), is modified. iii. The claimant is entitled to a sum of Rs.4,39,487/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,45,000/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.4,39,487/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. vi. Registry is directed to send back the records. Sd/- (P SREE SUDHA) JUDGE PNV - List No.: 1 Sl No.: 16